TERMS AND CONDITIONS OF USE

Owensboro Health, Inc. (“Owensboro Health”), Owensboro Health Regional Hospital (“OHRH”), Owensboro Health Medical Group (“OHMG”), clinics affiliated/owned by OH and OHMG, and private practices listed on the Epic Provider Directory (each a “Provider” and collectively, the “Providers”) are pleased to offer you access to portions of your health information and the ability to communicate with your health care team at our facilities via a Web-based version of our electronic medical records system called MyChart. In addition, you can access your health information on your smartphone by downloading the MyChart app from the App Store for iPhone, iPad or Apple Watch or from Google Play for Android. We also are pleased to ensure your health information is available for you (or your authorized representative) to access using any third-party application of your choice that is configured to meet the technical specifications of MyChart’s Application Programming Interfaces (API), as explained in the section below titled “Third Party Applications”.

By clicking on the “Accept” button below, you agree to these Terms and Conditions of Use and acknowledge that you have read and understand them. Your continued use of MyChart will indicate your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not use MyChart and exit this site. As used in these Terms and Conditions of Use, the words “you”, “me”, “my” or “I” refer to you, the MyChart user.

We think it is important for you to know how we handle information we communicate via the Internet. This Terms & Conditions statement, together with the Notices of Privacy Practices you receive from your Provider(s),outlines our practices governing MyChart and our sensitivity to your right to privacy. Notices of Privacy Practices may differ from one Provider to another. We reserve the right to revoke access to MyChart at any time for any reason.

Electronic Communications and E-Mail Privacy –Providers will use reasonable efforts to provide a timely response to electronic inquiries. In some cases, the clinical staff that needs to respond to an electronic inquiry or other communication may not be immediately available so a patient should allow at least three (3) business days for a response. Accordingly, I understand that I should not submit questions electronically about emergency situations requiring immediate attention. If I have a medical emergency or an urgent matter that I believe may immediately affect my health or well-being, I will, without delay, contact my health care provider by phone, go to a hospital emergency department, or dial 911. If there is a medical emergency or an urgent matter that I believe may immediately affect the health or well-being of another person that I am concerned about and that I feel I need to act on, I will, without delay, contact that person’s health care provider by phone, go to a hospital emergency department, or dial 911.

Furthermore, with respect to any electronic communications sent by me, I understand that the Providers are only able to respond to such communications based on the information provided by me. If there is insufficient information provided, the Providers will be unable to provide accurate and reliable services.

I understand that Providers may send me messages via MyChart. These messages may contain information that is important to my health and medical care. It is my responsibility to monitor these messages. By entering my valid and functional email address, I have enabled Providers to notify me of messages sent to my MyChart Inbox. I understand that I will be notified via e-mail when there is new medical information to be viewed on MyChart. This means that any person with access to my e-mail will be able to see this notification. This could include my spouse, my employer or anyone else that can access my e-mail account. Although no private medical information will be sent, the notification that new medical information is available by accessing MyChart may be information that I would not want others to know. Thus, I understand that I should take this into account when providing an e-mail address for MyChart notifications.

By accepting these Terms and conditions, I understand that I am requesting that my laboratory results from Owensboro Medical Center Laboratory,Inc.(OMCL)be automatically delivered to my account with the exception of sensitive results(including genetic testing, AIDS/HIV testing, pregnancy testing, sexually transmitted disease testing, drug and alcohol screening, and tumor markers, except for prostate specific antigen).

I agree to update my email address on MyChart if it changes.

I agree not to hold any of the Providers or any of their managers, directors, officers, members, employees or agents, liable for any loss, injury or claims of any kind resulting from MyChart messages that I fail to read in a timely manner. I understand that if I send a Provider an e-mail or MyChart communication, it may be shared with staff that assists in providing my medical care. I further understand that if a provider is out of the office or unavailable, messages sent via MyChart may be routed to other caregivers to facilitate a timely response to my message.

Except as provided below with respect to (1) minors and (2) proxy access, I agree that all communication through MyChart will be in regard to my own health condition(s). I understand that the contents of any message may be stored in my permanent medical record or in the permanent medical record of a person for whom I have proxy access. Except as provided below with respect to (1) minors and (2) proxy access, I understand that asking for advice on behalf of another person could potentially be harmful and is a violation of the MyChart Terms and Conditions of Use. No Provider assumes any responsibility for health information or services used by persons other than the MyChart enrollee.

MyChart ID and Password - I understand that I will create a unique identification (ID) code and password to be used to access my health information or to obtain proxy access via MyChart. I understand that this ID and password are unique codes that identify me in the MyChart computer system. Inquiries and entries that I make via MyChart will be logged with my identity.

I understand that it is extremely important that I keep the ID and password that I use to access MyChart completely confidential. I understand that anyone with access to my ID and password will be able to access my confidential medical information, and will be able to read my messages and send new messages as if they were me, and that they could also access the information of anyone else whose MyChart records I have access to and read and send messages about that person, such as my child. If at any time I feel that the confidentiality of my password has been compromised, I will change it by going to the Preferences > Change password link on the MyChart website. If a Provider discovers that I have inappropriately shared my ID or password with another person, or that I have misused or abused my MyChart access privileges in any way (such as by using inappropriate or abusive language), my participation in MyChart may be discontinued without prior notice.

Verification of Identity - I understand that my enrollment is contingent on verification of my identity in person by a Provider employee or physician.

Web Site Links - MyChart may offer links to related medical Web sites not managed by any Provider. These Web site link(s) are for a patient’s informational purposes only. Providers do not endorse and have not verified the accuracy of the information in/on these Web sites, and the patient should not rely on any of the information found on the Web sites for purposes of treatment or diagnosis.

HIV information - Whether any HIV test results or tests for the HIV antigen or antibody appear in any MyChart record is at the discretion of the ordering physician.

Minor Eligibility and Access to Minor’s Records - To request a personal account, an individual must: (a) be age 13 or older, (b) be an emancipated minor under Kentucky law (e.g., have been declared emancipated by a court), (c) have contracted a lawful marriage, or (d) have borne a child. Parents or guardians of minor children may request access to a minor child's account by following the terms outlined in the "Proxy Access" section of these Terms and Conditions of Use. I understand that under Kentucky law, a minor may seek treatment for certain conditions without notification of or consent by the parent or guardian. However, the treating physician, in the exercise of professional judgment, may inform the parent or guardian of such treatment if the physician believes the knowledge would benefit the health of the minor. These conditions include: outpatient mental health counseling for children ages 16-18, venereal disease, pregnancy, alcohol or other drug abuse or addiction, contraception, and childbirth. Therefore, whether this information appears in the MyChart record of a minor is at the discretion of the minor’s treating physician. Because of this law, parent or guardian access to a child’s MyChart record automatically becomes extremely limited on the child’s thirteenth birthday. However, the parent or guardian and child may choose to restore full access by completing the appropriate proxy access and authorization forms at a Provider’s office.

Proxy Access - Individuals may request proxy access to a minor’s (under the age of 18) or to another adult’s MyChart account by completing the appropriate Proxy Form and submitting it to a Provider. With respect to minors, such access will only be granted to parties with parental rights or legal guardianship over the MyChart account holder and only to the extent that the party requesting proxy access can demonstrate the legal right to account holder's medical information. With respect to other adults, full access will only be granted to parties who obtain the patient’s written consent or to persons to the extent that they can demonstrate the legal right to access the account holder’s entire medical record; otherwise, limited access will be granted only with the account holder’s consent. A MyChart account will be activated for both the proxy and the account holder, unless the account holder has been declared incompetent by a court of law. If the proxy’s legal relationship with the account holder changes, either the proxy or the account holder must inform a Provider immediately. Providers reserve the right to revoke proxy access at any time for any reason.

Security and Confidentiality - Each Provider affords the same degree of confidentiality to medical information while it is stored on MyChart as is given to medical information that the Provider stores in any other medium. Providers are committed to protecting the confidentiality of your medical information. Firewalls, passwords, encryption, and audit trails are used to safeguard your information in MyChart. We note the time and date of access each time a MyChart account is accessed. We have taken steps to make information received from our on line visitors secure against unauthorized access and use. Please note that Providers cannot ensure the confidentiality and security of medical information after you download or transmit it from MyChart to another medium or to the application of a third party over which the Provider has no control.

For other than general information viewing, MyChart must be accessed with a Secure Sockets Layer (SSL) compatible browser or terminal (Internet Explorer version 8.0 (standards mode and IE7 compatibility mode) on Windows, Mozilla Firefox 4.x and 3.6.x on Windows, Safari 5.0.2+ on Mac/Windows, Google Chrome 7.0+ on Windows). Our SSL web server uses authentication and offers the highest level of encryption technology commercially available (128-bit RC4).

You can tell when you are secure by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document comes from a secure server. This means your data cannot be read or deciphered by unauthorized individuals.

User names and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As a MyChart user, I understand that my role in maintaining the security of my medical information is: 1) Changing my password on a regular basis, and 2) Keeping my login ID and password confidential.

Restrictions on Use and Ownership - All pages within this website and any material made available for download are the property of the Provider that created the page or material. The content on the website is provided for health care providers and patients and their proxies only. The words “Owensboro Health” and its associated corporate logo are the trademarks and service marks of Owensboro Health, Inc. All other trademarks, service marks, and logos used in this site, including but not limited to MyChart and Epic, are the trademarks, service marks, or logos of their respective owners. Nothing on this site should be construed as granting any license or right to use any trademark, service mark, or logo displayed on this site without the express permission of the owner of the trademark, service mark, or logo.

Accuracy and Integrity of Information - Although Providers attempt to ensure the integrity of this site, they make no guarantees whatsoever as to the correctness or accuracy of the site. It is possible that the site could include typographical errors, inaccuracies or other errors. In the event that an inaccuracy arises, I will inform my health care providers so that it can be corrected. Information contained on the site may be changed or updated without notice.

Surveys - I understand that from time to time I may be asked to complete patient satisfaction surveys via MyChart, including but not limited to satisfaction with MyChart, satisfaction with overall care, satisfaction with my physician, and satisfaction with a single visit. Providers may analyze information submitted via MyChart as part of quality improvement studies and reports.

Third Party Applications - If you as a patient would like to use a third party application not affiliated with Owensboro Health or MyChart (“Third Party App”) to access your health information in MyChart, you may do this as long as the Third Party App is configured to meet the technical specifications of MyChart’s Application Programming Interfaces (“API"). Unless you have already done so, you must establish a MyChart patient portal account to use the Third Party App. Your MyChart security credentials – consisting of your unique user name and password – will be used to verify your identity when you access your health information using the Third Party App. This is because the MyChart credentials are necessary to verify your identity when accessing health information in MyChart through your Third Party App.

Please note: When authorizing a Third Party App to access your health information in MyChart, your health information will no longer be subject to the privacy policies of Owensboro Health but to the privacy policies of that Third Party App. Third Party Apps may not be obligated to protect the privacy and security of your health information under the same privacy laws and regulations that apply to Providers. Some Third Party Apps might use your data for advertising, research or for other secondary purposes. You should carefully review the Third Party App’s terms of use and privacy policies. Third Party Apps are not created, supplied or supported by Owensboro Health unless specifically stated otherwise. Owensboro Health reserves the right to disable any Third Party App that accesses MyChart when necessary to maintain the integrity of MyChart. Owensboro Health does not in any way require that you make your health information available to us through a Third Party App.

DISCLAIMER

I understand that MyChart may not be available to me all the time due to system failures, back-up procedures, maintenance, or other causes beyond the control of Providers. Access is provided on an “as-is, as-available” basis and Providers do not guarantee that I will be able to access MyChart at any particular time. When access to MyChart is unavailable, this could impact access to some or all of your health information that you normally access in a Third Party App.

I UNDERSTAND THAT PROVIDERS TAKE NO RESPONSIBILITY FOR AND DISCLAIM ANY AND ALL LIABILITY ARISING FROM HOW I USE THE INFORMATION I OBTAIN FROM MyChart. I understand that MyChart contains selected, limited medical information from a patient’s medical record and that MyChart does not reflect the complete contents of the medical record. I understand a paper copy of a patient’s medical record may be requested from the patient’s provider(s). I understand I should consult with a physician or other health care provider regarding my own condition and how MyChart content may or may not apply to me. I understand I should never change or stop any course of treatment prescribed by a physician without first consulting him or her.

I UNDERSTAND THAT PROVIDERS TAKE NO RESPONSIBILITY FOR AND DISCLAIM ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR MY INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE, THIRD PARTY APP OR DEVICE THAT I USE TO ACCESS MyChart. During times when MyChart is unavailable, other communication methods (e.g., telephone) should be used to contact my health care providers. I understand that if I have a problem accessing MyChart, I can contact the Owensboro Health Information Technology Service Desk at (270) 691-8317 or at mychart.support@owensborohealth.org. I consent to Owensboro Health’s Information Technology Service Desk accessing my computer remotely upon my verbal consent to assist me in connecting with and using MyChart.

I UNDERSTAND THAT PROVIDERS TAKE NO RESPONSIBILITY FOR AND DISCLAIM ANY AND ALL LIABILITY ARISING FROM A BREACH OF MEDICAL RECORD CONFIDENTIALITY RESULTING FROM MY SHARING OR LOSING MY PASSWORD.

I further understand that Providers cannot be held responsible for: (a) absolute security of all electronic communication transmissions between me and any Provider; (b) unauthorized disclosure resulting from my failure to log out of an active session; (c) unauthorized disclosures resulting from a lost or stolen user ID and password; (d) unauthorized disclosure resulting from someone other than me reading information printed by me from MyChart; (e) unauthorized disclosure resulting from personal computer settings or installed software products that may compromise information security; (f) my use of a Third Party App, including but not limited to any disclosures I may make to third parties when using a Third Party App, that is not provided or supported by the Providers; or (g) similar events outside the control of the Provider(s).