Texas Children's EpicCare Link and Tapestry Link: Terms and Conditions for Use

Texas Children's Hospital, Texas Children's Pediatrics, Texas Children's Urgent Care, and Texas Children's Health Plan (hereinafter collectively referred to as "Texas Children's"), now offer EpicCare Link and Tapestry Link (hereinafter collectively referred to as "Epic") and grants limited and conditional rights of access and use to individuals involved in treatment, payment, and / or healthcare operations. (each a "User" and collectively the "Users"). As a User, you ("You" and "Your") must agree electronically to these Terms and Conditions for Use prior to accessing Epic.

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR UNDERSTANDING OF THIS INFORMATION, YOUR AGREEMENT THAT YOU WILL FOLLOW ALL INSTRUCTIONS GIVEN, AND YOUR ACCEPTANCE OF THE TERMS, CONDITIONS, AND LIABLITY PROVISIONS OUTLINED BELOW. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, TEXAS CHILDREN'S DOES NOT AUTHORIZE YOU TO ACCESS EPIC AND YOU SHOULD IMMEDIATELY EXIT THIS SITE.

If you are a health care provider or an authorized representative of a health care provider, and are accessing clinical information for patient care provided by Texas Children's, you are subject to the terms and conditions under the heading "Texas Children's EpicCare Link Terms and Conditions for Use."

If you are an individual and are accessing for payment and/or other healthcare operation, you are subject to the terms and conditions under the heading "Texas Children's EpicCare Link Terms and Conditions for Use."

If you are an in-network health care provider of Texas Children's Health Plan or an authorized representative of an in-network health care provider of Texas Children's Health Plan and are accessing member information for a member enrolled with Texas Children's Health Plan, you are subject to the terms and conditions under the heading "Texas Children's Health Plan Tapestry Link Terms and Conditions for Use."

If you are an in-network health care provider of Texas Children's Health Plan or an authorized representative of an in-network health care provider of Texas Children's Health Plan and accessing clinical information for patient care provided by Texas Children's, all of these terms and conditions apply to you.

Texas Children's EpicCare Link Terms and Conditions for Use

Texas Children's has a responsibility to safeguard the privacy of all Texas Children's patients and to protect the confidentiality of patient health information.

Texas Children's may permit individuals involved in treatment, payment, billing, approved research, and/or healthcare operations to use Texas Children's EpicCare Link, the access portal to Texas Children's electronic medical record, as long as such individuals comply with all applicable legal requirements. Accordingly, and as a User, you agree to and are bound by, the following Terms and Conditions for Use:

All data viewed, printed, or entered into Texas Children's EpicCare Link is Protected Health Information ("PHI").

You, and any employer You are acting on behalf of, are legally responsible for the access and use of patient data obtained via Texas Children's EpicCare Link. You will have access to software systems where the information is confidential according to the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) and HIPAA standards.

Any misuse of confidential data obtained from Texas Children's EpicCare Link is a violation of the Terms and Conditions for Use, will result in termination of your access to EpicCare Link, and may result in referral to the appropriate government agency(ies).

Your EpicCare Link access may be revoked or changed at any time without prior notice at the sole discretion of Texas Children's.

You shall not access patient data unless You have a treatment, payment, billing, approved research, and/or healthcare operations related need for such patient's data (a "Permissible Purpose").

You shall limit your access of data to the "minimum amount necessary" to complete your Permissible Purpose. If Your Permissible Purpose requires downloading or printing material, only the "minimum amount necessary" should be printed, and only when absolutely necessary for the Permissible Purpose.

Access to Texas Children's EpicCare Link is established through the use of an individual security code assigned to Users by Texas Children's. You shall not share your individual security code with any other individual or allow any other individual to use Texas Children's EpicCare Link. If you have reason to suspect that the confidentiality and security of Your individual security code has been compromised, You shall report that information to the Texas Children's Administrator as soon as possible to 832.824.2273 and writing to infosec@texaschildrens.org and compliance@texaschildrens.org..

By use of Your individual security code to access and use Texas Children's EpicCare Link, You acknowledge and agree that you understand these terms and conditions and the consequences of any misuse.

You are ethically and contractually bound to preserve the confidentiality of PHI obtained from medical records at Texas Children's.

You shall not use, download or print material from Texas Children's EpicCare Link for any personal, public, or commercial purpose, including distribution, selling, using, modifying or transmitting information contained on Texas Children's EpicCare Link, without the prior express written consent of Texas Children's.

You shall not change or delete proprietary notices from material downloaded or printed from Texas Children's EpicCare Link.

You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, harmful, pornographic or profane material, any proprietary information belonging to others or any material that could be deemed to encourage criminal activity, give rise to civil liability or otherwise violate law.

Your individual security code will be treated as a written signature and confirms Your agreement to comply with all the ethical, business and legal obligations.

You shall maintain insurance policies sufficient to protect against all applicable risks and shall provide evidence of insurance at the request of Texas Children's.

Texas Children's EpicCare Link will maintain and log of User access to patient data. The log will include the User's name, individual security code, electronic signature (when and if applicable) and any other pertinent information necessary for Texas Children's to audit the User's activity. Texas Children's will conduct routine reviews of Texas Children's EpicCare Link user accounts and may at any time, for any reason, without prior notice, monitor Your use and activity.

You assume responsibility to be familiar with, and You shall comply at all times with all applicable federal and state laws regarding confidentiality and privacy of patient medical information, including the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and all associated rules and regulations.

All medical and/or patient information contained on Texas Children's EpicCare Link must be held in strict confidence and will not be accessed or disseminated for any purpose other than permitted by state and/or federal law. Any violation of the Terms and Conditions for Use may be a violation of state and/or federal law and may subject You to disciplinary, criminal, or civil action.

Health and health-related information contained on Texas Children's EpicCare Link should not be used as a substitute for medical treatment by a health care professional. Texas Children's EpicCare Link is not regarded by Texas Children's as the legal medical record and You should refer to Epic (including the remnant chart if/when applicable) and specific documentation contained therein for final impression and plan. While every effort is made to ensure the information contained on Texas Children's EpicCare Link is accurate, complete, and timely, Texas Children's does not guarantee the accuracy, completeness or timeliness of such information.

Health information in Texas Children's EpicCare Link may be found in various locations, fed by various systems, in both electronic and paper format. You assume total and exclusive responsibility and risk for Your use of this information and access to EpicCare Link, and You shall indemnify and hold Texas Children's and its affiliates harmless for any and all liability arising from such use, including but not limited to any misuse of Texas Children's EpicCare Link and/or use not in compliance with applicable law.

You covenant, represent, and warrant that neither You nor Your employer, employees, and/or their respective agents, officers, or directors have ever been debarred, suspended, declared ineligible, or voluntarily excluded from a federal or state health care program, including, but not limited to, Medicare, Medicaid, and Tricare programs, and further agree, represent and warrant that You will not knowingly perform any act that will cause You to be excluded while maintaining access to EpicCare Link.You shall notify Texas Children's immediately if You or Your employer, employees, and/or their respective agents, officers, directors, contractors, or subcontractors become debarred, excluded, suspended, ineligible, or voluntarily excluded from these programs while maintaining access to EpicCare Link.

Texas Children's may revise the Terms and Conditions for Use at any time. You will periodically read the Terms and Conditions for Use to determine if any changes have been made that may affect Your use. Your ongoing use of Texas Children's EpicCare Link indicates Your continued agreement to be bound by the Terms and Conditions for Use as they may be revised.

Texas Children's and its affiliates, subsidiaries, employees, agents, contractors, or any other third parties mentioned or linked to the Texas Children's EpicCare Link product are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation to, those resulting from lost profits, lost data, technical problems or business interruption) arising out of or relating in any way to Texas Children's EpicCare Link content or information contained within Texas Children's EpicCare Link, or Your use of or reliance on EpicCare Link, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Your sole and exclusive remedy for any and all claims, losses, damages, or dissatisfaction arising from or in connection with Texas Children's EpicCare Link is to stop using the website.

The Terms and Conditions for Use is governed by applicable Federal and Texas state law.

By clicking "Accept" below, You affirm that You agree to the above Terms and Conditions for Use.

Texas Children's Health Plan Tapestry Link Terms and Conditions for Use

Texas Children's Health Plan has a responsibility to safeguard the privacy of all Texas Children's Health Plan members and to protect the confidentiality of patient health information.

Texas Children's Health Plan permits in-network healthcare providers involved in treatment, payment, billing, and/or healthcare operations to use Texas Children's Health Plan Tapestry Link, the access portal to Texas Children's Health Plan's provider portal, as long as such in-network healthcare providers comply with all applicable legal requirements. Accordingly, and as a User, You agree to, and are bound by, the following Terms and Conditions for Use:

All data viewed, printed, or entered into Texas Children's Health Plan Tapestry Link is Protected Health Information ("PHI").

You, and any employer You are acting on behalf of, are legally responsible for the access and use of member data obtained via Texas Children's Health Plan Tapestry Link. You will have access to software systems where the information is confidential according to the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) and HIPAA standards.

Any misuse of confidential data obtained from Texas Children's Health Plan Tapestry Link is a violation of the Terms and Conditions for Use and will result in the termination of Your access to the system and may result in referral to the appropriate government agency(ies).

Your Texas Children's Health Plan Tapestry Link access may be revoked or changed at any time without prior notice at the sole discretion of Texas Children's Health Plan.

You shall not access member data unless You have a treatment, payment, billing and/or healthcare operations related need for such member's data (a "Permissible Purpose").

You shall limit access of data to the "minimum amount necessary" to complete the Your Permissible Purpose. If Your Permissible Purpose requires downloading or printing material, only the "minimum amount necessary" should be printed, and only when absolutely necessary for the Permissible Purpose.

Access to Texas Children's Health Plan Tapestry Link is established through the use of an individual security code assigned to You by Texas Children's Health Plan. You shall not share Your individual security code with any other individual or allow any other individual to use Texas Children's Health Plan Tapestry Link. If You have reason to suspect that the confidentiality and security of Your individual security code has been compromised, You shall report that information to Texas Children's by calling (832) 824-2085 and writing to infosec@texaschildrens.org and compliance@texaschildrens.org.

By use of Your individual security code to access and use Texas Children's Health Plan Tapestry Link, You acknowledge that You understand these Terms and Conditions for Use and the consequences of any misuse.

You are ethically and contractually bound to preserve the confidentiality of PHI obtained from member records at Texas Children's Health Plan.

You shall not use, download or print material from Texas Children's Health Plan Tapestry Link for any personal, public, or commercial purpose, including distribution, selling, using, modifying or transmitting information contained on Texas Children's Health Plan Tapestry Link, without the prior express written consent of Texas Children's Health Plan.

You shall not change or delete proprietary notices from material downloaded or printed from Texas Children's Health Plan Tapestry Link.

You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, harmful, pornographic or profane material, any proprietary information belonging to others or any material that could be deemed as to encourage criminal activity, give rise to civil liability or otherwise violate law.

Your individual security code will be treated as a written signature and will confirm Your agreement to comply with all the ethical, business and legal obligations.

You shall maintain insurance policies sufficient to protect against all applicable risks and shall provide evidence of insurance at the request of Texas Children's Health Plan.

Texas Children's Health Plan Tapestry Link will maintain and log User access to member data. The log will include the User's name, individual security code, electronic signature (when and if applicable) and any other pertinent information necessary for Texas Children's Health Plan to audit the User's activity. Texas Children's Health Plan will conduct routine reviews of Texas Children's Health Plan Tapestry Link user accounts and may at any time, for any reason, without prior notice, monitor Your use and activity.

You assume responsibility to be familiar with, and will comply at all times with all applicable federal and state laws regarding confidentiality and privacy of patient medical information, including the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 and all associated rules and regulations.

All member information contained on Texas Children's Health Plan Tapestry Link must be held in strict confidence and will not be accessed or disseminated for any purpose other than permitted by state and/or federal law. Any violation of the Terms and Conditions for Use may be a violation of state and/or federal law and may subject You to disciplinary, criminal, or civil action.

Health and health-related information contained on Texas Children's Health Plan Tapestry Link should not be used as a substitute for medical treatment by a health care professional. Texas Children's Health Plan Tapestry Link is not regarded by Texas Children's Health Plan as the legal medical record. While every effort is made to ensure the information contained on Texas Children's Health Plan Tapestry Link is accurate, complete, and timely, Texas Children's Health Plan does not guarantee the accuracy, completeness or timeliness of such information.

Health information in Texas Children's Health Plan Tapestry Link may be found in various locations, fed by various systems, in both electronic and paper format. You assume sole and exclusive responsibility and risk for Your use of this information and access to Tapestry Link and You shall indemnify and hold Texas Children's Health Plan and its affiliates harmless for any and all liability arising from such use, including but not limited to any misuse of Texas Children's Health Plan Tapestry Link and/or use not in compliance with applicable law.

You covenant, represents and warrant that neither You nor Your employer, employees, and/or their respective agents, officers, or directors have ever been debarred, suspended, declared ineligible, or voluntarily excluded from a federal or state health care program, including, but not limited to, Medicare, Medicaid, and Tricare programs, and further agrees, represents and warrants that You will not knowingly perform any act that will cause You to be excluded while maintaining access to or use of Tapestry Link. You shall notify Texas Children's Health Plan immediately if You or Your employer, employees and/or their respective agents, officers, directors, contractors, or subcontractors become debarred, excluded, suspended, ineligible, or voluntarily excluded from these programs while maintaining access to or use of Tapestry Link.

Texas Children's Health Plan may revise the Terms and Conditions for Use at any time. You will periodically read the Terms and Conditions for Use to determine if any changes have been made that may affect Your use. Your ongoing use of Texas Children's Health Plan Tapestry Link indicates Your continued agreement to be bound by the Terms and Conditions for Use as they may be revised.

Texas Children's Health Plan and its affiliates, subsidiaries, employees, agents, contractors, or any other third parties mentioned or linked to the Texas Children's Health Plan Tapestry Link product are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation to, those resulting from lost profits, lost data, technical problems or business interruption) arising out of or relating in any way to Texas Children's Health Plan Tapestry Link content or information contained within Texas Children's Health Plan Tapestry Link, or Your use of or reliance on Tapestry Link, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Your sole and exclusive remedy for any and all claims, losses, damages, or dissatisfaction arising from or in connection with Texas Children's Health Plan Tapestry Link is to stop using the website.

The Terms and Conditions for Use is governed by applicable Federal and Texas state law.

By clicking "Accept" below, You affirm that You agree to the above Terms and Conditions for Use.