TERMS AND CONDITIONS OF USE
 
Welcome to Mediconecta a website owned and operated by Mediconnect Health USA LLC (“Mediconnect Health”).

By accessing and using this website, you agree to the following terms and conditions of use concerning telephone and videoconference-based telemedicine consultations (collectively, “Telemedicine Consultations”) provided by Florida licensed physicians to whom Mediconnect Health provides access to its clients’ employees and their dependents.

Mediconnect Helath USA, LLC has partnered with Virtual Health USA, LLC to provide online medical consultation services through virtualhealthusa.mediconecta.com.
Virtual Health USA, LLC is not a health care provider and does not employ any physician who provides services though this website.  VHU is a marketing company only and does not provide any representations or warranties, express or implied, as to the fitness or suitability of the physicians you interact with through this website.  VHU is not responsible for the health care advice or any other health-related treatment you receive from the physicians through this website.  By using this website, you agree to fully release VHU from any and all liability whatsoever which may arise from any health care advice and health-related treatment provided to you by the physicians with whom you interact pursuant to this website.
 
TELEMEDICINE CONSULTATIONS

Prior to accessing Telemedicine Consultations, you represent and warrant that you are at least 18 years of age and possess the legal right and ability, on behalf of yourself or a minor child for whom you are a parent or legal guardian: (i) to agree to these Terms and Conditions of Use; (ii) register for Telemedicine Consultations under your own name; and (iii) use such service in accordance with these Terms and Conditions of Use and abide by the obligations hereunder.

You agree to fully, accurately and truthfully complete a medical history disclosure form that Mediconnect Health will store electronically and make available to each Florida-licensed physician who performs a Telemedicine Consultation for you or a minor for whom you are a parent or legal guardian.

You agree you are entering into a patient-physician relationship with the Florida-licensed physician providing the Telemedicine Consultation.  You acknowledge and agree that Mediconnect Health does not provide, in any way, professional medical services.  You agree that you cannot access a Telemedicine Consultation outside of the State of Florida.

Mediconnect Health is not a substitute for your primary care physician. You agree to designate the Florida licensed physician providing the Telemedicine Consultation as your physician when your primary care physician is not available.

If you are experiencing a medical emergency, you should dial “911” immediately OR GO TO YOUR LOCAL EMERGENCY ROOM. 

You agree that the Florida licensed physicians for whom Mediconnect Health provides access may not prescribe the following drugs:

·Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances  (Schedule I, II, III);

·Prescriptions for medications for psychiatric illnesses; and

·Prescriptions for lifestyle medications such as erectile dysfunction or diet drugs.

You understand and agree Telemedicine Consultations involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners located in other parts of Florida.

Consequently, you understand that you have all the following rights with respect to Telemedicine Consultations:

1.        Free Choice. You have the right to withhold or withdraw your consent to Telemedicine Consultations at any time without affecting your right to future care or treatment.

2.        Access to Information. You have the right to inspect all medical information transmitted during a Telemedicine Consultation, and may receive copies of this information.

3.        Confidentiality. You understand that the laws that protect the confidentiality of medical information apply to Telemedicine Consultations, and that no information or images from such interaction which identify you will be disclosed to other entities without your consent. 

4.        Risks. You understand that there are risks from Telemedicine Consultations, including the following: (A) loss of records from failure of electronic equipment, (B) power failures with loss of communication, and (C) invasion of electronic records by outsiders (hackers). Finally, you understand that it is impossible to list every possible risk.

5.        Benefits. You understand that you can expect the following benefits from Telemedicine Consultations but which results cannot be guaranteed or assured: 
(A)      Reduced visit time
(B)      Rapid innovation of treatments
(C)      Focused information

6.        Follow-up. In the event that the diagnosis and treatment by the Florida-licensed physician does not resolve the medical issue for which you sought a Telemedicine Consultation, you agree to consult with your primary care physician in person for follow-up treatment and/or seek treatment, if necessary, at a local hospital emergency department. 

7.        Consequences. You understand that, by having your consent to Telemedicine Consultations, the Florida licensed physician may communicate medical information concerning you to physicians and other health care practitioners located in other parts of Florida or outside Florida. 

If you are not on time for your appointment (up to 10 minutes), Mediconnect Health is entitled to cancel your Telemedicine Consultation and your payment will not be reimbursed.

You may request to reschedule your appointment with 4 hours’ notice and is subject to doctor’s availability.

If you are a dependent over the age of 18 years old and you wish to be separated from the main user account, you will have to write an email to  [email protected] requesting a separate user.

PRIVACY 

Mediconnect Health may use common Internet  technologies, such as “cookies”, to manage the information we receive from you. Mediconnect Health will not share, sell or otherwise distribute any of your personally identifiable information with third parties for their promotional or sales purposes.

You agree to Mediconnect Health’s Privacy Notice, the terms of which are incorporated herein by reference

EXTERNAL LINKS

This Website may include links to other sites that are not owned by or under Mediconnect Health’s control and Mediconnect Health is not responsible for, and makes no representations, warranties or recommendations with respect to the usefulness, availability or content of any such sources, and you assume all responsibility with respect to the use of such sites and any and all information or services furnished through such sites.  

ADVERSE TECHNICAL EVENTS

All information is transmitted over a medium which is beyond our control and jurisdiction.  Accordingly, Mediconnect Health assumes no responsibility for, or relating to, delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website or sites accessed through this site.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEDICONNECT HEALTH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE WEBSITE OR ENGAGING IN A TELEMEDICINE CONSULTATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. MEDICONNECT HEALTH IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE USE OF THIS WEBSITE AND/OR ANY MATERIAL LINKED THROUGH THE WEBSITE.  

COPYRIGHT AND TRADEMARKS

All content included on the Website including, but not limited to, text, photographs, video, documents, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the "Content"), in any form including the compilation thereof, are proprietary to Mediconnect Health and protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by Mediconnect Health and Content owned or controlled by third parties and licensed to Mediconnect Health.  Except as set forth below, direct or indirect reproduction of the Content, in whole or in part, by any means, is prohibited without our express written consent.  You are authorized only to use the Website for personal use and are not authorized to reproduce, sell or exploit the Website or content of the Website for commercial purposes.

INDEMNIFICATION

You agree to indemnify and hold harmless Mediconnect Health and its officers, directors, employees, agents, developers, vendors, affiliates, third party information providers, licensors and others involved in the development or the delivery of products, services or information over the Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions of Use or your use of the Website or any products, services or information obtained from the Website.

AMENDMENT OF TERMS AND CONDITIONS OF USE

Mediconnect Health has the right to amend these Terms and Conditions of Use at any time without notice to you by posting the revised Terms and Conditions of Use on this Website.  You agree that you are bound by those changes by continuing to use the Website.

CHOICE OF LAW

By using the Website, you agree that the laws of the state of Florida without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute that might arise between you and Mediconnect Health.  You agree and expressly consent to the exercise of personal jurisdiction in the courts of Dade County, Florida, in connection with any claim involving the Website.    
Revised August 6th, 2015

Please be sure to read this HIPAA Privacy Notice before using Mediconnect Health USA, LLC (“Mediconnect Health”) or submitting information to us. By using Mediconnect Health, you accept and agree to our privacy practices. Our HIPAA Privacy Notice may change from time to time and your continued use of Mediconnect Health means that you accept such changes, so please check this page periodically for updates to this HIPAA Privacy Notice.

In addition, to reading this HIPAA Privacy Notice, you must review and agree to our Terms and Conditions of Use as they provide other useful and important information regarding your use of Mediconnect Health.

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.  PLEASE REVIEW IT CAREFULLY.

INTRODUCTION

This Notice is being provided to you on behalf of the Florida licensed physicians (the “Physicians”) providing telephone and videoconference-based telemedicine consultations (collectively referred to herein as “We” or “Our”).  We understand that your medical information is private and confidential.  Further, we are required by law to maintain the privacy of “protected health information.” “Protected health information” or “PHI” includes any individually identifiable information that we obtain from you or others that relates to your past, present or future physical or mental health, the health care you have received, or payment for your health care.  We will share protected health information with one another, as necessary, to carry out treatment, payment or health care operations relating to the services to be rendered by the Physicians.

As required by law, this notice provides you with information about your rights and our legal duties and privacy practices with respect to the privacy of PHI.  This notice also discusses the uses and disclosures we will make of your PHI.  We must comply with the provisions of this notice as currently in effect, although we reserve the right to change the terms of this notice from time to time and to make the revised notice effective for all PHI we maintain.  You can always request a written copy of our most current privacy notice from our website at [email protected].

PERMITTED USES AND DISCLOSURES

We can use or disclose your PHI for purposes of treatment, payment and health care operations.  For each of these categories of uses and disclosures, we have provided a description and an example below.  However, not every particular use or disclosure in every category will be listed.

Treatment means the provision, coordination or management of your health care, including consultations between health care providers relating to your care and referrals for health care from one health care provider to another.

Payment means the activities we undertake to obtain reimbursement for the health care provided to you, including billing, collections, claims management, determinations of eligibility and coverage and other utilization review activities.  For example, we may need to provide PHI to your Third Party Payor to determine whether the proposed course of treatment will be covered or if necessary to obtain payment.  Federal or state law may require us to obtain a written release from you prior to disclosing certain specially protected PHI for payment purposes, and we will ask you to sign a release when necessary under applicable law.

Health care operations means the support functions of the Physicians, related to treatment and payment, such as quality assurance activities, case management, receiving and responding to patient comments and complaints, physician reviews, compliance programs, audits, business planning, development, management and administrative activities.  For example, we may use your PHI to evaluate the performance of our staff when caring for you.  We may also combine PHI about many patients to decide what additional services we should offer, what services are not needed, and whether certain new treatments are effective. We may also disclose PHI for review and learning purposes.  In addition, we may remove information that identifies you so that others can use the de-identified information to study health care and health care delivery without learning who you are.

OTHER USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION

We may also use your PHI in the following ways:

• To provide appointment reminders for treatment or medical care.
• To tell you about or recommend possible treatment alternatives or other health-related benefits and services that may be of interest to you.
• To your family or friends or any other individual identified by you to the extent directly related to such person’s involvement in your care or the payment for your care.  We may use or disclose your PHI to notify, or assist in the notification of, a family member, a personal representative, or another person responsible for your care, of your location, general condition or death.  If you are available, we will give you an opportunity to object to these disclosures, and we will not make these disclosures if you object.  If you are not available, we will determine whether a disclosure to your family or friends is in your best interest, taking into account the circumstances and based upon our professional judgment.
• When permitted by law, we may coordinate our uses and disclosures of PHI with public or private entities authorized by law or by charter to assist in disaster relief efforts.
• We may use or disclose your PHI for research purposes, subject to the requirements of applicable law.  For example, a research project may involve comparisons of the health and recovery of all patients who received a particular medication.  All research projects are subject to a special approval process which balances research needs with a patient’s need for privacy.  When required, we will obtain a written authorization from you prior to using your health information for research.
• We will use or disclose PHI about you when required to do so by applicable law.
• In accordance with applicable law, we may disclose your PHI to your employer if we are retained to conduct an evaluation relating to medical surveillance of your workplace or to evaluate whether you have a work-related illness or injury.  You will be notified of these disclosures by your employer or the Physicians as required by applicable law.

Note: incidental uses and disclosures of PHI sometimes occur and are not considered to be a violation of your rights.  Incidental uses and disclosures are by-products of otherwise permitted uses or disclosures which are limited in nature and cannot be reasonably prevented.


SPECIAL SITUATIONS

Subject to the requirements of applicable law, we will make the following uses and disclosures of your PHI:

Organ and Tissue Donation.  If you are an organ donor, we may release PHI to organizations that handle organ procurement or transplantation as necessary to facilitate organ or tissue donation and transplantation.

Military and Veterans.  If you are a member of the Armed Forces, we may release PHI about you as required by military command authorities.  We may also release PHI about foreign military personnel to the appropriate foreign military authority.

Worker’s Compensation.  We may release PHI about you for programs that provide benefits for work-related injuries or illnesses.

Public Health Activities.  We may disclose PHI about you for public health activities, including disclosures:

• to prevent or control disease, injury or disability;

• to report births and deaths;

• to report child abuse or neglect;

• to persons subject to the jurisdiction of the Food and Drug Administration (FDA) for activities related to the quality, safety, or effectiveness of FDA-regulated products or services and to report reactions to medications or problems with products;

• to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition;

• to notify the appropriate government authority if we believe that an adult patient has been the victim of abuse, neglect or domestic violence.  We will only make this disclosure if the patient agrees or when required or authorized by law.

Health Oversight Activities.  We may disclose PHI to federal or state agencies that oversee our activities (e.g., providing health care, seeking payment, and civil rights).

Lawsuits and Disputes.  If you are involved in a lawsuit or a dispute, we may disclose PHI subject to certain limitations.

Law Enforcement.  We may release PHI if asked to do so by a law enforcement official:

• In response to a court order, warrant, summons or similar process;

• To identify or locate a suspect, fugitive, material witness, or missing person;

• About the victim of a crime under certain limited circumstances;

• About a death we believe may be the result of criminal conduct;

• About criminal conduct on our premises; or

• In emergency circumstances, to report a crime, the location of the crime or the victims, or the identity, description or location of the person who committed the crime.

Coroners, Medical Examiners and Funeral Directors.  We may release PHI to a coroner or medical examiner.  We may also release PHI about patients to funeral directors as necessary to carry out their duties.

National Security and Intelligence Activities.  We may release PHI about you to authorized federal officials for intelligence, counterintelligence, other national security activities authorized by law or to authorized federal officials so they may provide protection to the President or foreign heads of state.

Inmates.  If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release PHI about you to the correctional institution or law enforcement official.  This release would be necessary (1) to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution.

Serious Threats.  As permitted by applicable law and standards of ethical conduct, we may use and disclose PHI if we, in good faith, believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public or is necessary for law enforcement authorities to identify or apprehend an individual.

Note:  HIV‑related information, genetic information, alcohol and/or substance abuse records,  mental health records and other specially protected health information may enjoy certain special confidentiality protections under applicable state and federal law.  Any disclosures of these types of records will be subject to these special protections.

OTHER USES OF YOUR HEALTH INFORMATION

Certain uses and disclosures of PHI will be made only with your written authorization, including uses and/or disclosures: (a) of psychotherapy notes (where appropriate and applicable); (b) for marketing purposes; and (c) that constitute a sale of PHI under the Privacy Rule.  Other uses and disclosures of PHI not covered by this notice or the laws that apply to us will be made only with your written authorization.  You have the right to revoke that authorization at any time, provided that the revocation is in writing, except to the extent that we already have taken action in reliance on your authorization.

YOUR RIGHTS

You have the right to request restrictions on our uses and disclosures of PHI for treatment, payment and health care operations.  However, we are not required to agree to your request unless the disclosure is to a health plan in order to receive payment, the PHI pertains solely to your health care items or services for which you have paid the bill in full, and the disclosure is not otherwise required by law.  To request a restriction, you may make your request in writing to the Privacy Officer.

You have the right to reasonably request to receive confidential communications of your PHI by alternative means or at alternative locations.  To make such a request, you may submit your request in writing to the Privacy Officer.

You have the right to inspect and copy the PHI contained in the Physicians records, except:

• ​for psychotherapy notes, (i.e., notes that have been recorded by a mental health professional documenting counseling sessions and have been separated from the rest of your medical record);

• for information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding;

• for PHI involving laboratory tests when your access is restricted by law;

• if you are a prison inmate, and access would jeopardize your health, safety, security, custody, or rehabilitation or that of other inmates, any officer, employee, or other person at the correctional institution or person responsible for transporting you;

• if we obtained or created  PHI as part of a research study, your access to the PHI  may be restricted for as long as the research is in progress, provided that you agreed to the temporary denial of access when consenting to participate in the research;

• for PHI contained in records kept by a federal agency or contractor when your access is restricted by law; and

• for PHI obtained from someone other than us under a promise of confidentiality when the access requested would be reasonably likely to reveal the source of the information.

• In order to inspect or obtain a copy your PHI, you may submit your request in writing to the Medical Records Custodian.  If you request a copy, we may charge you a fee for the costs of copying and mailing your records, as well as other costs associated with your request.

We may also deny a request for access to PHI under certain circumstances if there is a potential for harm to yourself or others. If we deny a request for access for this purpose,  you have the right to have our denial reviewed in accordance with the requirements of applicable law.

You have the right to request an amendment to your PHI but we may deny your request for amendment, if we determine that the PHI or record that is the subject of the request:

• was not created by us, unless you provide a reasonable basis to believe that the originator of PHI is no longer available to act on the requested amendment;

• is not part of your medical or billing records or other records used to make decisions about you;

• is not available for inspection as set forth above; or

• is accurate and complete.

In any event, any agreed upon amendment will be included as an addition to, and not a replacement of, already existing records.  In order to request an amendment to your PHI, you must submit your request in writing to Medical Record Custodian at the Physicians, along with a description of the reason for your request.

You have the right to receive an accounting of disclosures of PHI made by us to individuals or entities other than to you for the six years prior to your request, except for disclosures:

• to carry out treatment, payment and health care operations as provided above;

• incidental to a use or disclosure otherwise permitted or required by applicable law;

• pursuant to your written authorization;

• to persons involved in your care or for other notification purposes as provided by law;

• for national security or intelligence purposes as provided by law;

• to correctional institutions or law enforcement officials as provided by law;

• as part of a limited data set as provided by law.

To request an accounting of disclosures of your PHI, you must submit your request in writing to the Privacy Officer at Mediconnect Health.  Your request must state a specific time period for the accounting (e.g., the past three months).  The first accounting you request within a twelve (12) month period will be free.  For additional accountings, we may charge you for the costs of providing the list.  We will notify you of the costs involved, and you may choose to withdraw or modify your request at that time before any costs are incurred.

You have the right to receive a notification, in the event that there is a breach of your unsecured PHI, which requires notification under the Privacy Rule.

COMPLAINTS
If you believe that your privacy rights have been violated, you should immediately contact the Mediconnect Health Privacy Officer at [email protected].  We will not take action against you for filing a complaint.  You also may file a complaint with the Secretary of the U. S. Department of Health and Human Services.

CONTACT PERSON

If you have any questions or would like further information about this notice, please contact the Mediconnect Health Privacy Officer at [email protected]