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mySRH: Terms & Conditions of Use

Effective 09/01/2016

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE AND RELATED SERVICES WILL INDICATE YOUR UNDERSTANDING OF THIS INFORMATION, YOUR AGREEMENT THAT YOU WILL FOLLOW ALL INSTRUCTIONS GIVEN, AND YOUR ACCEPTANCE OF THE RISKS AND TERMS OUTLINED BELOW. IF YOU DO NOT AGREE TO THESE TERMS PLEASE EXIT THIS SITE.

Texas Scottish Rite Hospital for Children (TSRHC) is pleased to offer you access to portions of your/your child’s health information and the ability to communicate with your/your child’s care team concerning your/your child’s health information via the Internet using a secure electronic application called mySRH.

These Terms & Conditions of Use outline TSRHCs practices and its sensitivity to your/your child’s right to privacy in offering mySRH. These Terms & Conditions also outline your responsibilities when using mySRH. By using mySRH, you are agreeing to these Terms & Conditions of Use.

TSRHC reserves the right to revoke access at any time for any reason.

mySRH Enrollment Eligibility:

You are eligible for enrollment in mySRH if you meet the following eligibility criteria:

1.      you are

a.      the parent, legal guardian, or other legally responsible person of a TSRHC patient under the age of 18; 

b.      a TSRHC patient 18 years of age or older or someone granted proxy access by a TSRHC patient 18 years of age or older;

c.       the legally appointed  guardian or healthcare decision maker for a TSRHC patient 18 years of age or older;

d.      a TSRHC patient 14 years of age or older (1) with written permission from your parent, legal guardian, or other legally responsible person to create a mySRH account; and (2) your parent, legal guardian, or other legally responsible person maintains proxy access to your mySRH account; or

e.      a TSRHC patient under 18 years of age who is permitted under Texas law to consent on his/her own behalf for his/her health care.

2.      you maintain full compliance with your obligations under these Terms and Conditions of Use and any successor Terms and Conditions of Use; and

3.      you meet other TSRHC eligibility criteria that TSRHC may develop at its sole and reasonable discretion.

If you no longer meet the eligibility requirements defined above, you must notify TSRHC immediately and must not access mySRH at any time after your rights have expired or been terminated. Any attempt to access information you are not legally entitled to receive is a breach of these Terms & Conditions of Use, and TSRHC reserves the right to revoke or suspend your access to mySRH and to take any appropriate legal action.

TSRHC reserves the right to collect, examine or make copies of any information it considers necessary to determine eligibility.

Privacy:

Patient privacy is very important to TSRHC. Please refer to the TSRHC Privacy Policy for detailed information about TSRHC use or disclosure of protected health information to provide medical treatment, to collect payment for services provided, and to facilitate TSRHC’s healthcare operations. All messages within mySRH that contain medical information are subject to State and Federal laws governing the security and confidentiality of medical records.

mySRH User Responsibilities:

mySRH is not a substitute for Professional Medical Advice: By using mySRH, you understand that all health and health-related information contained within mySRH is general in nature and is not a substitute for a visit with a health care professional. The information provided through mySRH is not, in any way, a substitute for professional medical advice. You should consult a healthcare professional regarding the medical conditions, treatment and needs of you/your child.

mySRH does not contain your/your child’s complete Medical Record: You understand that not all of your/your child’s electronic health record will appear on your/your child’s mySRH account. MYSRH IS NOT INTENDED TO BE A REPLICA OF OR SUBSTITUTE FOR A PATIENT’S OFFICIAL MEDICAL RECORD. Posting of information to your mySRH account is at the discretion of TSRHC. If you would like to obtain a complete copy of your/your child’s medical record, please contact Health Information Management Department, Texas Scottish Rite Hospital for Children, 2222 Welborn Street, Dallas, TX 75219, Phone: (214) 559-5021.

Emergency Care: mySRH should never be used in an emergency. If you or your child experiences a medical problem and you are uncertain of its severity, you should immediately call your personal physician, go to the nearest hospital emergency room, or call 9-1-1 for assistance.

Access to Information: You may only use the mySRH System

1.      to access personal health care information to which you are legally entitled, or

2.      to engage in communications with TSRHC staff that are consistent with this access

Information Accuracy: You are responsible for ensuring that all information that you provide during sign up and continued use of mySRH is accurate and true. Any deliberate falsification of information that you provide is a breach of this these Terms & Conditions of Use, and TSRHC reserves the right to revoke or suspend your access to mySRH and to take any appropriate legal action.

Username and Password Protection: Your username and password provide access to your/your child’s personal records. You should not share this information with anyone else. Furthermore, if you believe or learn that this information has been or may have been obtained by anyone other than you, you should promptly notify TSRHC at 214-559-5020 so that your access information may be changed.

Acceptance of Changes to Terms & Conditions of Use: TSRHC reserves the right to make changes to these Terms & Conditions of Use at any time and for any reason. When you use mySRH, you agree to all terms and conditions that are in effect on the date that you access and use mySRH. If you find that the Terms & Conditions of Use are unacceptable to you, you must stop using mySRH and terminate your mySRH enrollment immediately. You can do this by contacting TSRHC at 214-559-5020.

System Unavailability: mySRH may become unavailable from time to time. Alternate means for communicating with TSRHC and obtaining access to personal and health information include communication by phone, mail, or a personal visit to TSRHC.

Electronic Communications: Physicians and the TSRHC healthcare team may communicate electronically with patients or their proxies only on request. Your acknowledgement and agreement with these Terms & Conditions of Use, accomplished by clicking “Accept” below, represent your request for such communication. You must notify TSRHC if you withdraw your approval for electronic communication. Not all healthcare providers at TSRHC communicate with patients or their proxies electronically. Physicians and their medical personnel may choose to respond to electronic communications from you by other means (for example, by telephone).

As a mySRH user, you may receive electronic notices to the e-mail address(es) you provide to TSRHC in connection with your enrollment and continued use of mySRH. These notices will let you know when new information is in your/your child’s mySRH account. These notices will not include private medical information. However, any person with access to your email address will be able to see these notices; thus, you should take this into account when providing email address(es). You are responsible for keeping your email address(es) current.

TSRHC healthcare providers may communicate with you through your mySRH Inbox. While the notices to your email account will not include private medical information, the messages in your mySRH Inbox may contain detailed health and medical care information. It is your responsibility to monitor the messages in your mySRH Inbox. Additionally, TSRHC healthcare providers are only able to respond to communications that you send through mySRH based on the information you provide. If you do not provide enough information, your healthcare providers may not be able to provide an accurate response. You agree that you will not hold TSRHC liable for any loss, injury, or claims of any kind resulting from mySRH communications

1.      that you do not read in a timely manner, or

2.      that are in response to insufficient or inaccurate information provided by you.

mySRH communications are part of the patient’s official medical record and other healthcare providers may read the communications.

You agree that all communication through mySRH will be in regard to your or your child’s health condition, as applicable depending on whether you or your child is the TSRHC patient. You agree and understand that asking for advice on behalf of another person could potentially be harmful and is a violation of these mySRH Terms & Conditions of Use. TSRHC does not assume any responsibility for health information or services used by persons other than the individual for whom the mySRH account exists.

You agree that you will use the electronic communication privileges of mySRH in a courteous, respectful, efficient and informative manner, and that you understand that this service is not for social dialogue. You are responsible for all information you send to mySRH. You may not post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or confidentiality agreement. TSRHC reserves the right to refuse to post any such message, to revoke or suspend your access to mySRH, and/or to take any appropriate legal action related to any inappropriate use of mySRH or the information it contains.

TSRHC does not encourage or condone the copying and pasting or otherwise posting information from your mySRH account into any other form of electronic communications, including but not limited to e-mail, social media sites, blogs, message boards, or any other web-based applications. TSRHC will not be liable for improper disclosure of confidential information that results from such activity.

TSRHC Responsibilities:

mySRH Services: TSRHC will support, change or improve its mySRH service as it deems necessary to meet the needs of its patients, TSRHC, or to comply with applicable laws and regulations. Although TSRHC intends to offer mySRH services 24 hours per day, 7 days per week, 365 days per year, there will be times when mySRH becomes unavailable due to necessary maintenance, system changes or a technical malfunction. TSRHC will employ commercially reasonable practices to maintain mySRH service availability. TSRHC will provide support services to assist you in your use of mySRH. Please use the contact information provided on mySRH to contact these services or call 214-559-5020 if mySRH is unavailable.

Information Security: TSRHC employs and will continue to employ industry standard methods to protect the confidentiality and security of its patient’s personal information and to meet applicable State and Federal regulations related to privacy and information security, including the Health Information Portability and Accountability Act (HIPAA). However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information. When using mySRH, information will be transmitted by you over a medium that is beyond the control of TSRHC. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED BY YOU IN CONNECTION WITH THE USE OF MYSRH. Once the information is received by TSRHC, your/your child's medical information will be treated as confidential and given the same protection that all other medical records are given.

Information Accuracy: TSRHC will engage in commercially reasonable efforts to accurately collect, store and display through mySRH data that is collected from or about you or your child in the course of your relationship with TSRHC. TSRHC will also make reasonable efforts to correct erroneous data on file when notified of the error. TSRHC does not and cannot guarantee that all information collected from or about you or your child in the course of your relationship with TSRHC is true and correct, and by accepting these Terms & Conditions of Use you acknowledge and accept that errors related to your/your child’s personal data may occur.

General:

MYSRH AND THE CONTENT THEREIN ARE PROVIDED AS A COURTESY BY TSRHC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TSRHC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF MYSRH, OR THE CONTENT, PRODUCTS AND/OR SERVICES INCLUDED WITHIN MYSRH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TSRHC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT.

TSRHC makes no warranties OR REPRESENTATIONS that mySRH represents a full and complete medical record.

YOU UNDERSTAND THAT mySRH may not be available to you all the time, OR AT ANY PARTICULAR TIME, due to system failures, back-up procedures, maintenance, or other causes beyond the control of TSRHC. YOU UNDERSTAND THAT During times when mySRH is unavailable, other communication methods (e.g., telephone) should be used to access your health care provider or medical record.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TSRHC BE LIABLE TO YOU OR ANY OTHER USER OF MYSRH FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO MYSRH, OR SITES ACCESSED THROUGH MYSRH, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH MYSRH, INCLUDING BUT NOT LIMITED TO ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS MYSRH. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH MYSRH IS TO STOP USING IT.

By downloading or viewing information on mySRH, you agree to indemnify, defend, and hold harmless TSRHC and its trustess, officers, directors, employees, agents, representatives, successors, and assigns from and against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of mySRH or the information contained therein, or any breach or violation of these Terms & Conditions of Use. SUCH INDEMNIFICATION SHALL APPLY TO ANY AND ALL CLAIMS REGARDLESS OF WHETHER THE SUBJECT OF THE INDEMNIFICATION ARISES IN WHOLE OR IN PART OUT OF THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR STATUTORY LIABILITY OF TSRHC.

You understand that Some of the material on mySRH is provided by third parties, such as lab results provided by your lab service provider or health information provided by OTHER THIRD PARTY PROVIDERS, and TSRHC shall not be held responsible for any such third-party material. TSRHC disclaims any responsibility for or liability related to such third-party material. Any questions, complaints or claims related to any product should be directed to the appropriate third party.

You agree that these Terms & Conditions of Use are governed by the laws of the State of Texas and that proper and convenient venue lies exclusively with the courts of Dallas County, Texas. You agree that the statute of limitations for any claim against TSRHC shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.

TSRHC may modify these Terms and Conditions of Use at any time.

Acknowledgement and Agreement:

By clicking the “Accept” button below:

·         You acknowledge that you have read and fully understand the information provided in this form.

·         You understand the risks associated with using electronic systems to contact and receive information from TSRHC and, knowing those risks, authorize TSRHC to electronically disclose health information to your/your child’s mySRH account. 

·         You agree to the terms listed above, in addition to the terms and conditions of TSRHC’s Legal Disclaimer and Privacy Policy.

·         You agree to the instructions outlined here, as well as any other instructions that TSRHC may create pertaining to electronic communications between TSRHC and its patients or their proxies.

·         You understand that TSRHC may discontinue this service at any time

·         You agree that any questions you may have had have been answered.