My Health Record NY – Terms & Conditions

Healthix, Inc. Terms and Conditions

Please Read The Below Carefully Before Using “My Health Record NY” Patient Portal.

IF YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE CALL 9-1-1.

THIS “MY HEALTH RECORD NY” PATIENT PORTAL DOES NOT PROVIDE MEDICAL OR PROFESSIONAL ADVICE

Healthix operates a Health Information Exchange (“HIE”) that enables interoperable exchange of health data among various health care organizations, including hospitals, physician practices, health plans, and health care associations (“Participants”). A full list of Healthix participants can be reviewed here.

Healthix’s Patient Portal “My Health Record NY” (the “Patient Portal”) is an Internet application that gives you the opportunity to view or download your health information from your health care providers that are participating with Healthix.

BY USING THE “MY HEALTH RECORD NY” PATIENT PORTAL, YOU HEREBY AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS , YOU MUST NOT ACCESS OR USE THE PATIENT PORTAL.

This Patient Portal is offered and available to users who are 18 years of age or older. By using this Patient Portal, you represent and warrant that you are of legal age to form a binding contract with Healthix and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Patient Portal.

Your Responsibilities:

What you must do when using the “My Health Record NY”  Patient Portal, you agree to do the following:

What you may not do when using the “My Health Record NY” Patient Portal, you may not:

What Patient Data Is Accessible

You may only be able to view, download and transmit a subset or portion of your patient data that is available on the HIE, as determined by Healthix in its sole discretion, to the extent permitted by law. If you are concerned that information is not available or have any questions about the information, you should contact the source of the information.

You may only view, download and transmit any patient data available via the Patient Portal. You will not be able to edit, add or change any such patient data.

Denial of Access

You understand that Federal and New York State Law allows health care providers and health plans, in certain instances, to deny a request made by you to access your medical records. Accordingly, if a Healthix participant informs Healthix that access has been denied, Healthix will block your access.

Privacy Related to Use of Healthix’s “My Health Record NY” Patient Portal

Healthix considers your use of the Patient Portal to be private and is committed to protecting your privacy. However, Healthix may access or disclose information about you, your use of the Patient Portal and/or the content of your communications, in order to:

Protection of the rights, property, or safety of Healthix, its employees, Healthix participants, others, customers or the public. No Warranties

You expressly acknowledge and agree that your use of the “My Health Record NY” patient portal is completely voluntary and at your sole risk. The site is provided “as is” and “as available”, with all faults and defects, and without warranty of any kind. Healthix makes no, and hereby disclaims all, warranties and conditions with respect to the patient portal, whether express, implied or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, title, noninfringement, suitability, reliability, availability, uptime, timeliness, accuracy, currency or completeness of information, accuracy of geolocation data or driving directions, network connectivity , compatibility with your device(s), uninterrupted or error-free performance, timely transmission of information over the internet, that functionality or features will meet your requirements or expectations, or absence of harmful or malicious viruses, worms or other destructive code. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so certain of the above exclusions and limitations may not apply to you.

Furthermore, you hereby expressly and fully 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 any service related to your use of “My Health Record NY” patient portal.

Limitation of Liability

In no event will Healthix, its affiliates, directors, officers, employees, staff, volunteers, agents, suppliers or contractors (“Healthix parties”) be liable to you or anyone else for any direct, indirect, incidental, special, consequential or similar damages whatsoever, including, without limitation, damages for economic losses, loss or corruption of data, loss of use of your device, business interruption or any other damages or losses, arising out of or related to your use or inability to use the patient portal, however caused, regardless of the theory of liability (contract, tort, negligence, personal injury, wrongful death or otherwise) and even if Healthix has been advised of the possibility of such damages.  Your sole and exclusive remedy for dissatisfaction with patient portal is to stop using the site.  Your damages hereunder shall be zero dollars ($0.00), except in jurisdictions where all liability cannot be disclaimed, in which case your total direct and indirect damages shall be capped at an aggregate amount of fifty dollars ($50.00).  The foregoing limitation and exclusion of liability shall be as broad and inclusive as is permitted by local law, if applicable. All other terms shall remain in full force and effect.

Claims

Any claim related to the “My Health Record NY” Patient Portal may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. You may notify us by contacting compliance@healthix.org.

Changes to  the “My Health Record NY” Patient Portal

Healthix may change the Patient Portal or delete features at any time and for any reason. Healthix may cancel or suspend your use of the Patient Portal at any time. Such cancellation or suspension may be without cause and/or without notice. Upon cancellation, your right to use the Patient Portal ends immediately.

Assignment

Healthix may freely assign these Terms and Conditions to any of its affiliates or any other party, and any such assignment shall have no impact on your continued obligations hereunder.  You may not assign or delegate any of your rights, duties or obligations under these Terms and Conditions, and any attempt to do so shall be null and void.

Changes to the Terms and Conditions

Healthix may change this these Terms and Conditions at its discretion by posting new terms on the Patient Portal website. If you do not agree to the changes, then you must stop using the Patient Portal. If you do not stop using the Patient Portal, then your use of the Patient Portal will continue under the revised Terms and Conditions

Location and Governing Law

The “My Health Record NY” Patient Portal is operated by Healthix from its offices in the State of New York. The law of the State of New York shall govern these Terms and Conditions, without reference to its choice of law rules. Healthix makes no representation that the information in the Patient Portal is appropriate or available for use in other locations, and access to the Patient Portal from territories where the content of the Patient Portal may be illegal is prohibited. Those who choose to access the Patient Portal from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Intellectual Property Rights

All content of this website is protected by U.S. and foreign copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in the Patient Portal without our prior written permission except for your own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in this website shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Healthix or any third party. Unauthorized use of any Healthix trademark, service mark or logo may be a violation of federal and state trademark laws.

Indemnity

You agree to indemnify and hold Healthix harmless as well as our directors, officers, members, managers, employees and independent contractors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions.  We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Severability

If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions shall remain in full force and effect. Any provision of these Terms and Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

Contact

If you have questions or requests regarding these Terms and Conditions, you may direct them to us by writing to compliance@healthix.org or calling our corporate office at 877-695-4749.

TERMS LAST UPDATED:  October 2, 2023