Effective Date: October 11, 2018
- MyDerm Services
- Eligible Users
- Eligible Patients
- Information Submitted by User
- Privacy and Security
- Intellectual Property
- Limitations on Use of MyDerm
- Warranty Disclaimer
- Limitation of Liability
- Incorporated Documents
2.2 TERMS AND CONDITIONS
CHOP PROVIDES MyDerm SOLELY ON THESE TERMS AND CONDITIONS AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. BY USING MyDerm YOU (A) ACCEPT THESE TERMS AND CONDITIONS AND OUR NOTICE OF PRIVACY PRACTICES; AND (B) REPRESENT AND WARRANT THAT YOU ARE EITHER THE PARENT/LEGAL GUARDIAN OF THE PATIENT WITH AUTHORITY TO CONSENT FOR HIS OR HER MEDICAL CARE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CHOP WILL NOT AND DOES NOT LICENSE MyDerm TO YOU AND YOU MUST NOT USE MyDerm.
YOU MAY NOT USE MyDerm FOR ANY EMERGENCY CONDITION. IT IS INTENDED ONLY FOR NON-EMERGENCY AND NON-URGENT MEDICAL CONDITIONS. DO NOT USE MyDerm TO COMMUNICATE ANY MEDICAL EMERGENCY TO A CHOP PROVIDER. IF YOU BELIEVE YOUR CONDITION NEEDS EMERGENCY ATTENTION, PLEASE CALL 911 OR GO TO YOUR NEAREST EMERGENCY ROOM.
You have voluntarily sought a consultation with a Pennsylvania-licensed pediatric dermatologist and understand that there are limitations to receiving medical advice in this way which are not present when a patient is seen in-person with a physician. The MyDerm physician will decide whether the patient’s condition is suitable for diagnosis and treatment through the MyDerm.
Audio and video visits cannot be completed at this time. Only photographs and the medical information that you supply will be used for any MyDerm consultation. MyDerm physicians will determine, in their sole discretion, whether the images are of sufficient quality and whether they have sufficient information to allow them to render a diagnosis and create a treatment plan.
In order to receive services through MyDerm, you must fully complete the questionnaire, upload images of the patient’s condition, share any relevant information about the patient’s condition, and answer any questions you receive from the MyDerm physician. By using MyDerm you consent to receive medical advice through MyDerm.
CHOP reserves the right to suspend or terminate your access to MyDerm at any time, for any reason or no reason at all, in its sole discretion.
1. MyDerm Services
a. IF THE PATIENT HAS A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. MyDerm IS NOT INTENDED FOR USE WITH EMERGENCY CONDITIONS. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING CARE BECAUSE OF YOUR USE OF MyDerm.
b. The services provided by the MyDerm physicians are not a substitute for the patient’s primary care physician. The MyDerm physicians do not provide long-term preventive care, and the services you receive via MyDerm are not intended to replace in-person visits to the patient’s primary care physician or other specialists.
c. DO NOT USE MyDerm IF THE PATIENT HAS A FEVER (>100°F), CHILLS, EXTREME FATIGUE, THROWING UP, BLISTERS IN OR AROUND THE EYES, SWELLING OF THE LIPS, TONGUE OR MOUTH, OR DIFFICULTY BREATHING. IF THE PATIENT HAS ANY OF THESE CONDITIONS CALL YOUR DOCTOR OR 911 IMMEDIATELY.
2. Eligible Users
a. You must be the parent or legal guardian of the patient, with the authority to act as the patient’s legal representative.
3. Eligible Patients
a. The patient must be at least twenty-eight days-old and not older than 17 years-old
b. The patient must have a primary care provider at a CHOP primary care site
c. The patient must be located in Pennsylvania whenever services are requested and rendered. By using MyDerm you represent and warrant that the patient is located in Pennsylvania. In order to confirm that care may be provided, MyDerm may use your geolocation information to confirm you are located in Pennsylvania. You consent to CHOP’s use of your geolocation information for this purpose and consistent with our Notice of Privacy Practices.
a. MyDerm physicians will not prescribe controlled substances, and applicable laws and regulations may prohibit them from prescribing certain non-controlled substances.
b. If the MyDerm physician prescribes a medication, the medication must be used solely for the patient’s medical treatment. Neither you nor the patient may distribute, sell, or dispense the medication to any other person.
c. Certain over-the-counter medications, including herbal medicines, may adversely react with prescription medications. While taking medications prescribed by an MyDerm physician, the patient must not take any over-the-counter medications without consulting with a pharmacist or primary care physician.
5. Information Submitted by User
a. You must provide truthful, accurate, and complete information. Failure to do so could result in an inappropriate diagnosis or treatment.
b. You must make the MyDerm physician aware of any changes to the patient’s medical condition or any other information previously provided when you use the MyDerm.
a. I hereby consent to the care and treatment of the patient as may be deemed necessary or advisable by physicians at CHOP. I authorize CHOP to electronically share any of the patient’s information for the purposes of care, including sending electronic reports to the physician’s office, sending photographs, and/or other electronic forms of communications to allow CHOP physicians to render care.
b. I understand that CHOP and its affiliates may use the photographs of the patient for diagnosis, treatment, identification of the patient and internal purposes, such as staff training, improving the quality of care delivered to patients and other organizational activities. I understand CHOP may release images without further permission from the patient as allowed by law; for example, CHOP may release images to insurance companies to support requests for payment or may release images that do not identify the patient in connection with educational presentations.
c. I understand that the risks of receiving a medical diagnosis and treatment through MyDerm may include: (a) failures or limitations of equipment used to transmit relevant data that could cause delays in evaluation or treatment, (b) failures of security protocols, resulting in breaches of privacy of personal medical information, and/or (c) lack of access to complete medical records or the inability to conduct an in-person physical examination, which could affect the advice provided.
d. I acknowledge that I have read the above and that no guarantee or assurance has been made to me as to the results that may be obtained. I acknowledge that I am the parent/legal guardian of the patient with authority to consent for his or her medical care.
7. Privacy and Security
a. CHOP has implemented policies and procedures designed to ensure the confidentiality, integrity, and availability of all electronic protected health information that it creates, receives, or transmits. CHOP has implemented policies and procedures designed to protect against any reasonably anticipated threats or hazards to the security or integrity of such information and against any reasonably anticipated uses or disclosures of such information that are not permitted by applicable law.
b. You will not allow another person or entity to use your account, username, or password to access or use MyDerm.
c. You will notify CHOP if you have any reason to believe that your username and password have been misused in any way.
d. You should protect any personal or confidential information and should always ensure that your mobile device is used in a safe and responsible manner.
8. Intellectual Property
a. The services and content of MyDerm are protected by copyright, trademark, and other intellectual property concepts, as applicable, and are provided solely for your personal use. Subject to and conditioned upon your strict compliance with all terms and conditions set forth in these Terms and Conditions, CHOP hereby grants to you a non-exclusive, non-transferable, non-sublicensable, limited license during to use the MyDerm. CHOP reserves and shall retain all right, title and interest in and to MyDerm and all intellectual property rights arising out of or relating to MyDerm, except as expressly granted to you in these Terms and Conditions.
b. Replication, distribution, or use of MyDerm that is inconsistent with the Terms and Conditions described herein is strictly prohibited.
9. Limitations on Use of MyDerm
a. You will not use MyDerm in any unlawful way or for any unlawful purpose.
b. You will not post or transmit a message under a false name or misrepresent your authorization to act on behalf of others.
c. You will not use, modify, publish, distribute, or transfer MyDerm or any information you receive from a MyDerm physician, in whole or in part, except as expressly provided in these Terms and Conditions.
d. You will not reverse engineer, disassemble, decompile, or translate MyDerm or any information that you receive from the MyDerm physician or otherwise attempt to derive the source code of any CHOP software or CHOP information or authorize a third party to do the foregoing.
e. You will not develop, sell, or distribute applications that are capable of launching, being launched from, or are otherwise integrated with, MyDerm without the express written consent of CHOP.
a. CHOP reserves the right to suspend or terminate your access to MyDerm at any time, for any reason or no reason at all, in its sole discretion. These Terms and Conditions will survive the termination, and you will continue to be bound by them.
b. You agree that the laws and jurisdiction of the Commonwealth of Pennsylvania will apply to any matters related to your access and use of this site.
11. Warranty Disclaimer
a. MyDerm IS PROVIDED “AS IS.” CHOP AND ITS AFFILIATES, AGENTS, AND LICENSORS: (A) CANNOT AND DO NOT WARRANT THE SEQUENCE, ACCURACY, COMPLETENESS, CURRENCY, RESULTS FROM, OR NON-INFRINGEMENT OF THE MyDerm; AND (B) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
b. CHOP DOES NOT WARRANT THAT YOUR USE OF MyDerm WILL BE ERROR-FREE OR UNINTERRUPTED.
c. IN THE EVENT CHOP CANNOT WAIVE ANY WARRANTY, THE DURATION AND SCOPE OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
12. Limitation of Liability
a. IN NO EVENT WILL CHOP OR ANY PHYSICIAN OR OTHER MEDICAL PROVIDER PROVIDING TREATMENT THROUGH THE MyDerm BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF MyDerm, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE LICENSOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU HAVE ANY PROBLEMS WITH MyDerm, YOU AGREE THAT YOUR SOLE REMEDY IS TO STOP USING MyDerm AND THE SERVICES PROVIDED BY MyDerm PHYSICIANS.
b. CHOP, ITS AGENTS AND CONTRACTORS, AND ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK OR CODE FOR MyDerm WILL NOT BE LIABLE FOR YOUR USE OF MyDerm, INCLUDING ANY OMISSIONS CAUSED BY MyDerm, ANY INFRINGEMENT OR ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF MyDerm.
c. You agree to hold CHOP harmless from any and all claims, demands, and damages arising out of your use of the MyDerm.
d. You agree that CHOP’s agents, licensors, suppliers, and other third parties who facilitate and/or promote the MyDerm services (not including health care providers) are not engaged in the practice of medicine, are not determining or recommending medical treatment, and disclaim liability from the delivery of health care through the MyDerm.
a. The services provided through MyDerm may not be a covered service under your health insurance policy because either your insurance policy does not include coverage for this service, this service is not preauthorized by your insurer, CHOP is not a participating provider with your insurer or there are other reasons in your policy that your insurer with not pay for this service.
b. Whether or not your health insurance policy will reimburse you for the services provided through MyDerm, you must pay upfront for these services in order to receive care.
c. Your insurer may pay different providers for this type of service and you may obtain this service from another participating provider.
d. This notice contains CHOP’s opinion; it is not an official decision from your insurer. If you have other questions about your coverage, please follow up with your CHOP care team and/or with your insurer.
e. The cost of this service is $125 per consultation. Please note that in some cases CHOP provides financial assistance to eligible families who are unable to pay for services. For more information, the Financial Assistance Policy is available on the CHOP website.
f. Review the above information about payment so that you can make an informed decision about this service. If you need to ask questions about this service, its cost, financial assistance or anything related to payment for MyDerm you may call 267-426-8342 during business hours.
g. By completing and submitting a MyDerm encounter you agree to pay for this service even though it is not currently covered under your health insurance and you accept full responsibility for the payment.
a. In the event that any of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. These Terms and Conditions, together with all incorporated documents, constitute the entire agreement between CHOP and you pertaining to the subject matter hereof. CHOP may revise these Terms and Conditions from time-to-time in its discretion by updating this posting, so you should review these Terms and Conditions often so you are aware of the terms by which you will be bound.
15. Incorporated Documents
a. You acknowledge receipt of the following CHOP document, which is incorporated by reference in their entirety to these Terms and Conditions: Notice of Privacy Practices.