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MyChart ® Epic Systems Corporation

Community Medical Centers

Terms and Conditions for the MyChart Web Site

The use of MyChart is completely voluntary and is not required to receive health care from Fresno Community Hospital and Medical Center, dba Community Medical Centers (“CMC”) or from CMC affiliated physicians. CMC is sometimes referred to as “we”, “us”, or “our” in these terms and conditions.

For all medical or psychiatric emergencies, go to the nearest Emergency Department or dial 911. MyChart should not be used to communicate urgent matters to your health care provider. Please call your physician's office if you have an urgent question or concern.

MyChart Capabilities

CMC provides the website MyChart ("MyChart") to allow CMC patients and authorized patient representatives to access certain portions of the patient's medical record. MyChart also may be used to view health care information, communicate with the patient's health care providers and staff, arrange for clinical services, and access additional information.

The information provided on MyChart is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay seeking it because of something you have read on MyChart.

Response to Electronic Communication

If you send a message to your health care provider, it may be accessed by, or shared with the CMC staff or the employees in your provider’s private practice, who assist the provider with your medical care. Your confidential medical information on MyChart will be accessible only to appropriate CMC staff, your physician, or the staff in your physician’s office.

CMC will make its best effort to provide a timely response to electronic inquiries or other communication submitted through MyChart to CMC. In some cases, CMC staff may not be immediately available, so you should allow at least two (2) business days for a response. If you require a quicker response, please call your health care provider. Matters requiring immediate attention should not be submitted through MyChart.

Each affiliated Physician Office develops internal processes for managing communication via MyChart. If you have questions or concerns about the timeliness of responses from your physician, please contact their office for clarification.

Types of Access

Under State and Federal law, there are certain types of medical information that a parent or guardian of a minor patient may not view without the consent of the minor.

Child Eligibility – Parents or guardians of a child under the age of 12 may request access to their child’s MyChart account, except in instances where the child is authorized by law to consent for his/her own medical treatment.

Adolescent Eligibility – Adolescent patients 12 to 17 years old may request a personal MyChart account. When you reach the age of 12, any previous parental and guardian MyChart access will be stopped. Except in instances where an adolescent patient is authorized by law to consent for his/her own medical treatment, parents or guardians may still be able to legally access an adolescent patient’s medical record by contacting CMC’s Health Information Management Department.

Adult Access – Adult patients 18 years and older may request a personal MyChart account. Adult patients may grant Proxy Access to an authorized representative who would also have access to their MyChart account.

Proxy Access - A “proxy” is a person you allow to look at your MyChart information. A “proxy” may also be a person who has the legal right to look at your medical information. If you have granted access to a Proxy and you no longer want the Proxy to be able to access your MyChart account, you can revoke proxy access directly in MyChart. CMC reserves the right to revoke access to a patient's MyChart account at any time for any reason.

Services Available on MyChart - MyChart displays certain information from your medical record, but it does not display all information in your medical record. By accessing the information in MyChart you acknowledge that you are requesting to review your results and are aware that your care provider(s) may not have had an opportunity to review them. Please note that not all results will display on this portal. Please contact your healthcare provider if you believe that any of the data is incorrect, incomplete or if you have any questions or concerns. Results within the normal range do not ensure health; results that fall outside the normal range may not indicate disease. Lab tests are not a substitute for a checkup. Some positive reports must be reported to the health department due to specific regulations.

MyChart also provides you with a number of interactive online services to help you better manage your health. These services include the ability to e-mail your health care provider and make appointment requests.

Notification messages regarding information in MyChart may be sent to your e-mail address. Any person with access to your e-mail account will be able to see this notification. Although no medical information will be sent, notification that new medical information is available on your MyChart account will be sent. Please take this into consideration when providing an e-mail address.

Limitations on Use of MyChart

You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that may infringe upon, misappropriate or violate any rights of any party. You agree that the following actions shall constitute a material breach of these Terms and Conditions:

CMC expressly reserves the right, in its sole discretion, to terminate a user's access to any interactive services and/or to any or all other areas of MyChart due to any act that would constitute a violation of these Terms and Conditions.

Security and Confidentiality

CMC is committed to protecting the confidentiality of your medical information. Any personal information you submit or that is maintained on MyChart is governed by CMC's privacy and security practices. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. We have taken steps to make MyChart secure against unauthorized access and use.

Passwords

You are responsible for taking all reasonable steps to ensure that no unauthorized person has access to your MyChart password or account. It is your responsibility to (1) control the disclosure and use of your login ID and password; (2) authorize, monitor, and control access to and use of your MyChart account and password; and (3) promptly inform the Health Information Management department at CMC of any need to deactivate a password. CMC recommends that you change your password on a regular basis.

Web Site Revisions

We may revise the information on MyChart, or otherwise change or update MyChart, including these Terms and Conditions, without notice to you. CMC may also make improvements and/or changes in products and/or services described on MyChart or add new features at any time without notice. We encourage you to periodically read these Terms and Conditions to see if there have been any changes to our policies that may affect you. Your continued use of MyChart will signify your continued agreement to these Terms and Conditions as they may be revised.

Customer Service Information

To deactivate your MyChart account, please contact Health Information Management at (559) 459-3925.

If you need information or technical assistance regarding MyChart, please contact mychart@communitymedical.org.

Disclaimer

I UNDERSTAND THAT CMC TAKES NO RESPONSIBILITY FOR AND DISCLAIMS 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 OR DEVICE THAT I USE TO ACCESS MYCHART. I UNDERSTAND THAT MYCHART MAY NOT BE AVAILABLE TO ME AT ALL TIMES DUE TO SYSTEM FAILURES, BACK-UP PROCEDURES, MAINTENANCE, OR OTHER CAUSES. ACCESS IS PROVIDED ON AN "AS-IS, AS-AVAILABLE" BASIS AND CMC DOES NOT GUARANTEE THAT I WILL BE ABLE TO ACCESS MYCHART AT ANY PARTICULAR TIME. DURING TIMES WHEN MYCHART IS UNAVAILABLE, OTHER COMMUNICATION METHODS (E.G., TELEPHONE) SHOULD BE USED TO CONTACT CMC AND/OR MY HEALTH CARE PROVIDER.

MYCHART, ITS CONTENT AND ALL SITE-RELATED SERVICES ARE PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF MYCHART, ALL SITE-RELATED SERVICES, AND THIRD PARTY WEB SITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CMC, AFFILIATED PHYSICIANS, OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON MYCHART DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY CMC, OR AFFILIATED PHYSICIANS, UNLESS SPECIFICALLY STATED OTHERWISE.

Limitation of Liability; Choice of Law

CMC AND ITS AFFILIATES, AFFILIATED PHYSICIANS AND THEIR STAFF, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON MYCHART ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO MYCHART, SITE-RELATED SERVICES AND PRODUCTS, CONTENT OR INFORMATION CONTAINED WITHIN MYCHART, AND/OR ANY THIRD PARTY WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH MYCHART, SITE-RELATED SERVICES, AND/OR THIRD PARTY WEB SITES IS TO STOP USING THE WEB SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THESE TERMS AND CONDITIONS ARE GOVERNED BY CALIFORNIA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF CALIFORNIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.

Copyrights

Except as otherwise indicated, all content on MyChart, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of CMC or its licensors and is protected by United States and international copyright laws. CMC allows you to view or download a single copy of the material on MyChart solely for your personal, noncommercial use.

The compilation of all content on MyChart is the exclusive property of CMC and is protected by United States and international copyright laws. Unless specifically authorized in writing by CMC, any use of these materials, or of any materials contributed to MyChart by entities other than CMC, on any other Web site or networked computer environment for any purpose is prohibited.

Any rights not expressly granted by these Terms and Conditions or any applicable end-user license agreements are reserved by CMC. Content and features are subject to change or termination without notice in the editorial discretion of CMC.

Trademarks and Service Marks

Use of the CMC logo or name without authorization is prohibited by California law. "MyChart" and the MyChart logos are registered service marks. Other proprietary marks of CMC or third parties may be designated as such from time to time on MyChart through use of the TM, SM, or ® symbols. Users of MyChart are not authorized to make any use of the Community name, CMC marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by CMC or the applicable third party.