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MyOchsner™ Terms and Conditions

These Terms and Conditions constitute a binding agreement between the user (“you”) and Ochsner Health System, its subsidiaries, and affiliates, employees, officer, and directors and physicians (together “Ochsner”). By agreeing to these Terms and Conditions, you acknowledge that you are at least 18 years of age, or legally emancipated, and that you are requesting access to portions of your personal health information and the ability to communicate with your Ochsner health care team via the Internet using an electronic application called MyOchsner™. You acknowledge that MyOchsner™ is offered as a courtesy to Ochsner’s patients and agree that Ochsner may limit or discontinue your use of MyOchsner™ at any time for any reason.

Minimum User Requirements and Security

1. This Web site uses encryption software. In order to use MyOchsner™, you must have:

A personal computer equipped with an Internet browser that has 128-bit encryption enabled and configured to accept cookies.

Internet access and a valid email account supported by software to enable you to receive email messages and spam filters adjusted to accept email from ochsner.org

Adobe Reader installed (To download a copy of Adobe Reader, please go to products/acrobat/readstep2.html

2. While Ochsner uses state-of-the-art security, no system can guard against risks of intentional intrusion or inadvertent disclosure of information. When using MyOchsner™, information will be transmitted over a medium that is beyond the control of Ochsner Health System and its contractors. YOU HEREBY EXPRESSLY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE. Once information is received by us, your medical information will be treated as confidential and given the same protection that all other Ochsner medical records are given.

Security, Confidentiality and Usage Guidelines for MyOchsner™

1. MyOchsner™ is designed as a secure Internet-based environment through which you may receive confidential medical information about yourself. Once you sign up for MyOchsner™, an email notification will be sent to the email address you provided on registration to confirm your request to set up a new account. You will be given a one-time-only MyOchsner™ access code to use to activate your account. You will then create your own MyOchsner™ username, password and password hint. Please DO NOT SHARE your password with anyone. The individual MyOchsner™ username and password you choose when you first login to MyOchsner™ are the keys to protecting the confidentiality of your information. You are responsible for remembering your MyOchsner™ username and password and for keeping them confidential. We strongly suggest writing down your MyOchsner™ username, password and password hint and keep them in a safe place for future reference. Please activate your account as soon as possible so that you may begin using the services immediately. If you lose or forget your username or password, please use the link provided on the Login Screen to recover your password.

2. Verification of Identity and Proxies. You may request a MyOchsner™ account for yourself, for your minor children, any any other person who has given you written authority (a “Proxy”). You may not request or access a MyOchsner™ account for anyone else. By accepting these Terms and Conditions, you certify that you are authorized to open or access the account you are requesting and that all information you have provided to Ochsner is true and correct to the best of your knowledge. You further agree that in the event you request a MyOchsner™ account or information on behalf of a Proxy you will be required to provide documentation of your authority (for example, a durable healthcare power of attorney) before you can receive an access code to complete registration or access that person’s health information.

3. Once you have activated your MyOchsner™ account, the MyOchsner™ Message Center will become the primary vehicle to receive important messages from your participating provider(s) and other personal medical information. You MUST provide us with your email address when activating your MyOchsner™ account and keep your email address current via the Preferences Menu, Notifications in MyOchsner to ensure that you receive notification of newly released information in a timely manner. You will continue to receive communications via the United States Postal Service or other means from Ochsner.

4. YOU MUST NOT SEND ANY MESSAGES REQUIRING URGENT ATTENTION USING MyOchsner™. Doing so may create a delay in your receiving necessary medical treatment and could result in loss of life, organ or limb and could cause significant deterioration in your health. If you believe you have an urgent medical matter, you should call 911 immediately or proceed to the nearest emergency room. If the matter is not urgent but requires a timely response, please contact your physician’s office by telephone.

5. Our regular business hours are Monday through Friday, (excluding holidays) from 8 a.m. to 5 p.m.

FOR ALL MEDICAL EMERGENCIES, IMMEDIATELY CALL 911.

How Ochsner Protects Your Personal Health Information

1. Notice of Privacy Practices. Ochsner considers the privacy of your health information to be one of the most important elements in our relationship with you and one Ochsner takes very seriously. By accessing or using MyOchsner™, you acknowledge that you have received a copy of Ochsner Notice of Health Information Privacy Practices, which may be accessed by clicking https://secure.ochsner.org/myochsner/privacy_practices.pdf

2. MyOchsner™ Privacy Statement. Ochsner is committed to protecting the privacy of the information you send and receive through the MyOchsner™ patient portal. This Privacy Statement applies to the MyOchsner™ patient portal and governs data collection and usage. By using MyOchsner™, you consent to all terms and conditions described in this Privacy Statement, which can be access by clicking https://secure.ochsner.org/myochsner/privacy_statement.pdf

3. All communications between you and your Ochsner health care team using MyOchsner™ are carried over a secure, encrypted connection directly into the Ochsner electronic medical record. While you may receive Internet e-mail messages notifying you of new messages in your MyOchsner™ Inbox, these e-mails will not contain any personal health information. It is your responsibility to login to your MyOchsner™ account and read the messages promptly.

Your Responsibilities

1. MyOchsner™ is a communication service offered as a convenience to Ochsner patients. By accessing or using MyOchsner™, you agree to be bound by all the terms and conditions of this Agreement including but not limited to Ochsner’s Privacy Statement as posted. Ochsner reserves the right to change the terms, conditions, and notices under which MyOchsner™ is offered. By accessing or using MyOchsner™, you further agree that any and all such modifications are effective and binding upon you immediately upon posting of the modified version. Currently MyOchsner™ is offered at no cost to you. However, Ochsner reserves the right in the future to charge a fee for the use of MyOchsner™. You will be notified of this change and asked to re-apply if you agree to the fee and wish to continue with this service.

2. You understand that MyOchsner™ provides you with online access to some clinical information about you. You are solely responsible for any sharing of MyOchsner™ content that you intentionally or unintentionally communicate to others. It is extremely important that you keep your MyOchsner™ username and password in a secure location and completely confidential. Anyone with access to your MyOchsner™ username and password will be able to view your personal medical information and communicate with your health care team as if that person were you. It is your responsibility to prevent disclosure of your access code and password and change your password and password hint if you feel that your security has been compromised. You can change your password and password hint online at any time under the preferences menu, change password link.

3. MyOchsner™ Messaging

a. By using MyOchsner™, you acknowledge and agree that this messaging service is intended to facilitate dialogue regarding personal health matters. You agree not to use MyOchsner™ to post or send any illicit or offensive material.

b. You understand that not all Ochsner physicians participate in sending and receiving electronic communications. If one of your physicians is not listed as a potential recipient of email through MyOchsner™ do not use MyOchsner™ Messaging to contact him/her electronically. You should call to make an appointment or to speak with that physician.

c. While MyOchsner™ supports many different types of communication, it is best for you and your health care provider to agree on the type of communication most appropriate in your particular case. Ochsner physicians/providers reserve the right to decline email correspondence with patients for any reason. If your request to correspond by email is declined, then call your healthcare provider to make an appointment or to speak with that physician.

d. You understand that messages will be routed to the appropriate department as necessary for handling, and therefore Ochsner employees, other than your healthcare provider (physician, nurse practitioner and/or physician’s assistant), may be involved in addressing your request. If your physician is out of the office or unavailable to respond, messages sent via MyOchsner™ may be routed to other authorized healthcare providers within Ochsner to facilitate a timely response to your request. Therefore use of MyOchsner™ may not be appropriate if there is sensitive information that you want to discuss directly with your healthcare provider.

e. You understand that your Ochsner health care team may send you messages, test results, and other communications via MyOchsner™ as authorized in the sole discretion of your physician. These messages may contain information important to your health and medical care. It is your responsibility to monitor these messages. By entering your valid and functional e-mail address at registration, you have enabled Ochsner to notify you of messages sent to your MyOchsner™ Inbox. You further agree that Ochsner will not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your failure to timely read messages and take appropriate action when warranted based on the messages you may receive through MyOchsner™.

4. MyOchsner™ Health Diary. Your MyOchsner™ Health Diary a general note-taking program that provides you with space to keep and maintain notes and records on your personal health. Health Diary is provided for your convenience only. Health Diary is not accessible by your healthcare providers and is not part of your medical record. You agree that MyOchsner™ Health Diary should NOT be relied upon to communicate with your health care provider. By using MyOchsner™ you agree that it is your responsibility to contact your health care provider regarding any health concerns that you may have.

Discontinuing Use of MyOchsner™

1. You may discontinue your use of MyOchsner™ at anytime by submitting an online request through customer service or calling the MyOchsner Patient Support number 1-877-339-2637.

2. Ochsner reserves the right, in its sole discretion, to limit or discontinue your use of MyOchsner™ at any time and for any reason, including but not limited to your use of MyOchsner™ on behalf of another person. You will be notified if your MyOchsner™ service is discontinued.

Your Clinical Information

1. As we provide your health care, we are required to maintain documentation of your medical history, current conditions, treatment plan and all treatments given, including the results of all tests, procedures and therapies. MyOchsner™ is an Internet application that enables a patient to have secured Web-based access to personal clinical information, as released by the treating physician, and allows secure electronic messaging with participating Ochsner physicians. By using MyOchsner™, you understand that not all of your Ochsner medical record will be accessible through your MyOchsner™ account. Posting of information to your MyOchsner™ account is at the sole discretion of your of Ochsner and/or your healthcare provider.

2. Messages you send or receive via MyOchsner™ become part of your permanent medical record; they will be accessible to current and future Ochsner staff members who are involved with your care.

3. All Ochsner-generated electronic medical records are subject to state and federal regulations governing the security and confidentiality of medical records.

Copyright and Trademarks

All content included in MyOchsner™ and on all Ochsner web sites, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data ("Content"), in any form are protected by U.S. and international copyright law and conventions. The Content includes both Content owned or controlled by Ochsner, its subsidiaries or affiliates (“Ochsner”) as well as Content owned or controlled by third parties and licensed to Ochsner. Reproduction of any Content, in whole or in part, by any means, is prohibited without the express written consent of Ochsner Health System.

Site Access and Licenses

1. Ochsner grants a limited license to each user to make personal use only of the Web site 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 other commercial use of the Web site and the associated services, making any derivative of the Web site or the associated services, the collection and use of user email addresses or other user information, including, without limitation, health information or any data extraction or data mining whatsoever.

2. Failure to comply with any of the Terms and Conditions contained herein may result in revocation of a user’s license and cancellation of a user’s MyOchsner™ account including the right to access information through MyOchsner™ on behalf of any proxies. Ochsner reserves the right to report violations of law to appropriate law enforcement agencies and to pursue all other rights and remedies available to it under civil or criminal law.

Links to Third Party Websites

This Web site and the MyOchsner™ contain links to Web sites operated by other parties which might have information on health topics of interest to you. These links are provided for your general information and education only, and should NOT be relied upon for personal diagnosis or treatment. Ochsner does not sponsor or endorse any of these sites, nor does Ochsner make any guarantee, warranty or representation regarding the accuracy of the information contained on the Web sites. Ochsner has no control over the security or privacy practices of these external Web sites. Use of other sites is strictly at your own risk including, but not limited to, any risks associated with destructive viruses. You are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the other Web sites.

Disclaimers of Warranties: MyOchsner™ Health Content Module & Ochsner.org

1. The MyOchsner™ Health Content Module provides access to an online medical library and articles on a variety of health-related topics. Information in the Health Content Module and on Ochsner’s website (Ochsner.org) is based on current medical literature and on physician review. Although we may update the content on this service from time to time, please note that medical information changes rapidly. The information on this site is provided AS-IS. Ochsner makes no representations or endorsements about the suitability for any purpose of products, information or services available through the Health Content Module or Ochsner’s website. Ochsner does not guarantee the timeliness, validity, completeness or accuracy of information made available to you for any particular purpose. Ochsner and its suppliers disclaim all warranties, conditions, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular use, title, and non-infringement, with regard to the products, information and services contained or made available through the Health Content Module or Ochsner.org, including but not limited to the availability of this service, lack of viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties, or any failure to provide the service.

2. Use of the MyOchsner™ Health Content Module and information contained on Ochsner.org is intended for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. The Health Content Module and Ochsner.org should not be relied upon to replace the advice of a physician. You expressly acknowledge and agree that Ochsner Health System, its subsidiaries, affiliates, employees, its suppliers, licensees and sublicensees are not responsible for the results of your decisions resulting from the use of the Health Content Module or Ochsner.org, including, but not limited to, your choosing to seek or not to seek professional medical care, or your choosing or not choosing specific treatment based on the content.

Limitation of Liability

1. Some of the material on Ochsner’s website and in the MyOchsner™ patient portal is provided by third parties and Ochsner shall not be held responsible for any such third-party material. Ochsner 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.

2. Ochsner shall not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your failure to timely read messages and take appropriate action when warranted based on messages you may receive through MyOchsner™.

General

By using Ochsner’s website including but not limited to MyOchsner™, you agree that the laws of the state of Louisiana, 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 Ochsner, its doctors, nurses, staff or other affiliates. You expressly agree that exclusive jurisdiction for any dispute with Ochsner Health System, its affiliates, employees, subsidiaries, contractors, officers and directors, resides in the courts of Jefferson Parish, Louisiana and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Jefferson Parish, Louisiana in connection with any claim involving Ochsner Health System, its affiliates, employees, subsidiaries, contractors, officers and directors. Use of Ochsner’s Web site is unauthorized in any jurisdiction that does not give effect to the terms and conditions set forth herein.