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TERMS AND CONDITIONS OF USE

Kettering Health Network (KHN) is pleased to offer you access to your personal medical information via a secure Web-based version of our computer system called KHNMyChart.

We think it is important for you to know how we handle information communicated through KHNMyChart. This statement of the Terms and Conditions of Use outlines our practices, privacy issues related to KHNMyChart, and your responsibilities as a KHNMyChart user. We reserve the right to revoke your access to KHNMyChart at any time for any reason.

Terms and Conditions of Use

By using KHNMyChart, you agree to the Terms and Conditions of Use as indicated in this document and KHN's applicable policies. KHN may change these Terms and Conditions of Use without notice and your use of KHNMyChart means that you accept these terms. You agree to use KHNMyChart appropriately and as intended and acknowledge that KHNMyChart is provided for your convenience and its availability is not an entitlement or right and may be discontinued by KHN at any time.

Access to Your Medical Information on KHNMyChart

KHNMyChart allows you to view portions of your medical record online in a secure manner. KHNMyChart does not contain all of the medical information maintained by KHN about you in your medical record. You have the right to review your entire medical record by contacting the KHN Medical Records Department at the location where you receive your medical care.

It is important that you do not use KHNMyChart for urgent medical matters. IF YOU ARE EXPERIENCING AN URGENT MEDICAL PROBLEM, CALL 911 OR YOUR PHYSICIAN'S OFFICE IMMEDIATELY.

Some information communicated by you or your health care provider may assist in providing medical services or advice. However, using KHNMyChart is not a substitute for seeing your health care provider at their office or other service location, or calling your health care provider for traditional medical advice, consultation, diagnosis, or treatment.

Instead, the purpose of KHNMyChart is to give you another option to:

Access Code Guidelines

Once you sign up for KHNMyChart, you will be given a temporary access code that you will use to activate your account. The temporary access code will remain active for 60 days. You will need to create your KHNMyChart ID, password, and password hint, during this period. Please do not share your password with anyone to ensure that your account remains confidential. We suggest that you write down your KHNMyChart ID and password and keep them in a safe place for your future reference. If you have not activated your account after 60 days, the temporary access code will expire. Please activate your account as soon as possible so that you may begin using the services immediately and avoid the inconvenience of having to sign up a second time.

Content of KHNMyChart

You and your healthcare providers will control the content of, and are responsible for the information sent to, KHNMyChart. Any information that you or your healthcare providers enter into your KHNMyChart will be added into your medical record and may be used or shared as described by our Notice of Privacy Practices, and federal and state law or policy. The information contained in KHNMyChart may contain sensitive information and you should take precautions to protect the confidential information. As a convenience, KHN has provided limited access to KHNMyChart using mobile devices along with a mobile device application (i.e., iPhone). For full access to KHNMyChart features and information, please access the Web-based application using a web browser.

Access to Test Results

If you elect to use KHNMyChart, KHNMyChart will be the primary method for receiving important information from your primary care physician and selected test results and other personal medical information; you may continue to receive communications via U.S. Mail or other means from your KHN specialty physicians. KHN assumes no responsibility for how you use the information you obtain from KHNMyChart. You should direct any questions you have about the data available to you in KHNMyChart to your physician or other healthcare provider. KHNMyChart is not a substitute for consultation with your physician or healthcare provider.

Minor Eligibility

An individual must be age 18 or older (or be emancipated under Ohio law) to request a personal KHNMyChart account. However, parents or legal guardians of minor children of any age may request access to the minor child's information in a KHNMyChart account by following the terms outlined in the "Proxy Access" section of this Terms and Conditions of Use statement. Minors age 14 to 18 may also access their own KHNMyChart account if the minor patient's physician approves the minor's use of KHNMyChart and the minor's parents or legal guardian consents. Generally, a minor's use of KHNMyChart will require the parents or legal guardian to also have access to the minor child's KHNMyChart account by proxy, unless the parents or legal guardian consent to the minor having a confidential KHNMyChart account. Under State and federal law, there are certain types of medical information that the parents or legal guardian of a minor patient age 14 to 18 may not view without consent of the minor patient. Because of these requirements, we cannot give access to a minor's KHNMyChart account to parents of minor patients in this age category without obtaining the minor patient's consent. Thus when a minor patient reaches age 14, KHN is obligated by law to revoke the parents or legal guardian's proxy access to the minor patient's KHNMyChart account. However, parents/legal guardians may re-apply for proxy access to the minor child's account, but proxy access will be granted only if the minor child consents to the parent's/legal guardian's proxy access. Beginning at age 14, minor patients may also request access to their own KHNMyChart account (subject to the minor's physician's approval and parents/guardian approval). But if the minor does not give consent to the parent/legal guardian's proxy access or obtain their consent to a confidential account, the minor will not be given access to a KHNMyChart account. When a minor patient reaches age 18, parent/legal guardian proxy access to KHNMyChart is automatically terminated as the patient is no longer a minor. A parent may only have access to the KHNMyChart account of their child who has turned 18 if that child grants proxy access as described below.

Proxy Access

Individuals age 18 or older may request proxy access to another individual's KHNMyChart account by completing the Proxy Access portion of the KHNMyChart Consent Form and submitting it to KHN. Such access will only be granted (1) to parties who have parental rights or legal guardianship over the patient who is the KHNMyChart account holder (and only to the extent that the party requesting proxy access can demonstrate the legal right to the account holder's medical information), or (2) to other parties, such as spouses, family members or other caregivers to whom the patient has consented to give proxy access. A KHNMyChart account will be activated for both the proxy and the patient account holder. If the proxy's legal relationship with the patient account holder changes, the proxy must inform KHN immediately. KHN reserves the right to revoke proxy access at any time for any reason.

Web Site Links

KHNMyChart may offer links to medical websites that are not part of KHN. These website links are provided for general information purposes only. KHN does not endorse and has not verified the accuracy of the information on these websites, and you should not rely on the information for purposes of treatment or diagnosis.

Response to Electronic Communication

Never send any message requiring urgent attention using KHNMyChart. KHN will make reasonable efforts to provide a timely response to electronic inquiries (emails and other electronic communication) through KHNMyChart, but cannot guarantee a specific time frame for a response or that any response will be provided. Delays can occur based on the volume of messages, complexity of your condition, technology outside of KHN's control, and availability of staff. At times, the clinic staff or personnel that needs to respond to an electronic inquiry or other communication may not be available so you should allow at least two (2) business days for any response. For these reasons, you should not use KHNMyChart to communicate with KHN or your physician or healthcare provider in urgent situations. For all urgent medical matters, contact your physician's office directly, or go directly to an emergency room or call 911. For non-emergency situations, support, or other questions, contact your physician's office directly during regular office hours.

KHN is only able to respond to electronic communications based on the information you provide. If you provide insufficient information, KHN will be unable to provide an accurate or reliable response.

E-Mail Privacy

You must provide us with your email address when activating your KHNMyChart account and keep your email address current via the Personal Preferences link in KHNMyChart. No confidential information will be sent to your email, but as a user of KHNMyChart, you will be notified via email when there is new medical information to be viewed via KHNMyChart. This means that any person with access to your email will be able to see this notice. This may include your family members, employer or anyone else who has access to your email account. Although no private medical information will be sent to you via email, you may wish to keep the notification that new medical information is available via KHNMyChart private. You should consider this when providing us your email address or using KHNMyChart.

You will receive an email notification whenever a new result has been released to your KHNMyChart account. You may also receive from time to time important email notices from the KHNMyChart team. For this reason, you MUST verify and update your email address via the Personal Preferences link to ensure you receive notice of newly released information in at timely manner. You also agree to monitor these messages in a timely manner.

Security

KHNMyChart IDs and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As a KHNMyChart user, your role in maintaining the security of your medical information is to change your password on a regular basis and to keep your KHNMyChart ID and password confidential. This is part of your KHNMyChart Agreement and Authorization contained in this document. This website uses encryption software, and KHN has implemented reasonable and appropriate security measures to protect your medical information. When using KHNMyChart, information will be transmitted over the Internet medium that is beyond the control of KHN and its contractors. You are responsible for ensuring that your computer system(s) you use to access KHNMyChart have the appropriate security controls enabled.

Confidentiality

We give the same degree of confidentiality to medical information stored on KHNMyChart as we give to medical information stored by KHN in your medical record or in any other medium. KHN limits KHN employees' access and ability to enter or view information based upon our role in your care. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. We will identify the records released and note the time and date of access each time a patient accesses KHNMyChart. We have taken steps to make all information received from our online visitors secure against unauthorized access and use consistent with KHN's policies for medical record information.

Your Agreement and Authorization

By accessing or using KHNMyChart, you agree to be bound by these Terms and Conditions, the following Agreement and Authorization, and KHN's Notice of Privacy Practices, which is posted on our website, www.ketteringhealth.org/privacy.cfm.

The following is your Agreement and Authorization, please read it carefully:

I understand that I will create a KHNMyChart ID and password to be used to gain access to my health information via KHNMyChart. I understand that this ID and password are unique codes that identify me in KHN's computer system. I understand that it is extremely important that I keep the ID and password completely confidential. If at any time I feel the confidentiality of my password has been compromised, I will change it by going to the "Password" link on the KHNMyChart Web site. I understand that KHN takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of medical record confidentiality resulting from my sharing, failing to protect, or losing my password. If KHN discovers that I have inappropriately shared my password with another person, or that I have misused or abused my KHNMyChart access privileges in any way, my participation in KHNMyChart may be discontinued.

I authorize Kettering Health Network (KHN), to use KHNMyChart to disclose personal health information to me and to any person to who has Proxy Access for me (as described in the Terms and Conditions of Use). If signing as a proxy, I will state my relationship to the patient below. The type of information to be disclosed to me via KHNMyChart includes medications, immunizations, diagnoses, test results, radiology and lab results, and other information collected by KHN pertaining to my medical care. The purpose for the disclosure is ongoing communication between KHN and me concerning my medical care. By clicking "accept" below, I am agreeing to this ongoing communication of elements of my medical care. I understand that I am under no obligation to sign this form, and that with certain exceptions, health care providers may not condition treatment, payment, or enrollment or eligibility for health plan benefits on obtaining an authorization. A consequence of failing to sign this authorization is that information will not be released via KHNMyChart.

Copyright and Trademark

All content included on KHN websites, including but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the "Content"), in any form including the compilation thereof, are protected buy U.S. and international copyright law and conventions. The Content include both Content owned or controlled by KHN, and Content owned or controlled by third parties and licensed to KHN. Except as indicated below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without the express written consent of KHN.

Site Access and Licenses

KHN grants a limited license to each user to make personal use only of the website and the associated services in accordance with these terms and conditions of use. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale, or together commercial use of the website and the associated services, making any derivative of the website or the associated services, the collection and use of the user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever. Through this License, you may be able to upload third party data into KHNMyChart or download limited medical information from KHNMyChart to select third party sites.

No Warranties

This website and all other websites hosted by KHN and the content contained herein and therein are provided by KHN on an "AS-IS" basis. KHN makes no representations or warranties of any kind, express or implied, as to the operation of this sites, or the content, products and/or services included therein. To the fullest extent permissible by applicable law, KHN disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and/or infringement. KHN is not responsible for any action taken by you in reliance upon the information provided through KHNMyChart and this service.

Limitation of Liability

Some of the material on the KHN site is provided by third parties and KHN shall not be held responsible for any such third-party material. KHN disclaims any responsibility for or liability related to such third-party material. Any questions, complaints, or claims related to any third party product should be directed to the appropriate third party.

Governing Law

The laws of the State of Ohio govern these Terms and Conditions of Use.

MyChart is a registered trademark of EPIC SYSTEMS CORPORATION