The LymphCare Web Site (the "Site") is an online information service where registered users can communicate with therapists and other registered users, and can measure, record and document Lymphedema treatment, condition and status. The Site is provided by LymphCare GmbH ("LymphCare"), and is available subject to your compliance with the terms and conditions set forth below.
The Site DOES NOT OFFER MEDICAL ADVICE OR MEDICAL SERVICES. If this is an emergency, call 911 or visit a hospital emergency room immediately.
3. HIPAA. You represent and warrant that you will use the Site in compliance with all legal requirements, without limitation, and you specifically agree to comply with the Health Insurance Portability and Accountability Act of 1996, as amended (including amendments by the Health Information Technology for Economic and Clinical Health Act) and the implementing regulations. You, and not LymphCare, are solely responsible for obtaining all appropriate patient consents. LymphCare has established reasonable safeguards and procedures to protect the security of individually identifiable health information, but you must also take steps to protect your privacy and confidentiality that of your patients.
4. Business Associate Agreement. Under the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA), a HIPAA business associate agreement (BAA) is a contract between a HIPAA-covered entity and a HIPAA business associate (BA). The contract is designed to ensure protection of personal health information (PHI) in accordance with HIPAA guidelines. Effective Feb. 18, 2010, in accordance with the Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009, a BA's disclosure, handling and use of PHI must comply with HIPAA Security Rule and HIPAA Privacy Rule mandates. Under the HITECH Act, any HIPAA business associate that serves a healthcare provider or institution is now subject to audits by the Office for Civil Rights (OCR) within the U.S. Department of Health and Human Services (HHS) and can be held accountable for a data breach and penalized for noncompliance.
6. Services; Licensure. You accept responsibility for your patients as well as yourself in your use of the Site. You are solely responsible for the information, advice and communications and quality of the services you provide whether through your use of the Site or otherwise. You are solely responsible for complying with all applicable laws in connection with your use of the Site. For example, you are responsible for obtaining and maintaining any and all Federal, State and local licenses and certifications which may be required to practice your profession when using the Site, and maintaining malpractice and liability insurance in compliance with regulatory and local requirements.
As such, you represent and warrant that you are licensed and in good standing with your respective licensure board[s], including but not limited to any required telemedicine license[s]. You also represent and warrant that the information you provide to LymphCare on or through the Site or in any other communication with LymphCare is complete and accurate. You must notify LymphCare immediately in the event of any change in that information, including but not limited to the name of your employer, your licensure status, and other credentials.
LymphCare makes no representations regarding your ability to bill third-party payors for the services you provide using the Site. You are responsible for complying with all laws in billing for the services you provide.
7. Site User Information Sharing with Designated Healthcare Professionals Each site user, and not LymphCare, will determine whether to share and disclose information to one or more designated healthcare provider sand, if so, which information each site user wishes to share from their Profile or their Diary. If a site user elects to connect with a healthcare provider user, the Site will automatically make the information the site user provided upon registration available to the healthcare provider user. If a site user elects to share information with a designated healthcare provider user, that healthcare provider user may make comments upon that information. The site user can stop sharing with a healthcare provider user at any time, but the site user will be able to retain any comments that the healthcare provider user made prior to the date when the site user elected to stop sharing.
9. Lost Passwords. In the event your password is lost or stolen it is your responsibility to notify LymphCare at the address listed in the “Contact Us” section. You can reset your password at any time by using the “password reset” at the Site.
10. Retention of Data. The Site will retain your data for 6 years unless
- You terminate your account with the Site
- Your account is terminated in accordance with the process described below.
11. Non-Use of Account. If there has been no activity in your account for 24 consecutive months, LymphCare will contact you via the e-mail address you provided. In the event that you do not reply within 15 business days, LymphCare will terminate your account.
12. Account Termination. You agree that LymphCare may suspend or terminate your account or access to the Site with or without notice or cause, for any reason or no reason, and without liability to you.
You may terminate your account at any time by selecting the “Unregister” button If you confirm that you wish to leave the Site, LymphCare will erase the data you provided in your professional profile and your private messages. Any comments you provided in any patient diary entries will remain available to that site user. Any comments you made in the Community will remain visible to all users of the community features such as message boards. In addition, the Site will generate an e-mail to each site user to which you are connected as of the date of termination of your account, letting the site user(s) know that you have terminated your account. Your connection to them will be automatically severed.