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Arkansas Children's MyChart: Terms of Use

Arkansas Children's Hospital and Arkansas Children's Northwest (together, "Arkansas Children's") is pleased to offer you information via MyChart, a Web-based version of our computer charting system. MyChart is not a complete copy of the patient's medical record. It is a subset of some information that the patient might find helpful. We are committed to protecting the privacy of our patients. MyChart is intended for use by adults and young adults age 13 and over. It is not intended for or designed to attract persons under the age of 13. We do not permit registration by, nor do we collect personally identifiable information from, any person we actually know to be under the age of 13.

These Terms of Use outline how Arkansas Children's handles the information that we communicate with you over the internet and through your mobile device. These Terms of Use also outline your responsibilities when using MyChart. By clicking "Accept" at the end of these Terms of Use, you acknowledge that you understand the Terms of Use described below, you have been informed of the risks of using MyChart, you accept those risks, and you agree to follow these Terms of Use. If you do not understand or do not agree to comply with these Terms of Use, please select "Decline" at the end of this document. By doing so, you will not be permitted to access MyChart. If you have any questions, Arkansas Children's will gladly provide more information.

Emergency Care

MyChart is not designed to be used in an emergency. If you or the person for whom you are a Proxy experiences a medical problem, you should call your personal physician, go to the nearest hospital emergency room, or call 9-1-1 for assistance.

MyChart Online and MyChart Mobile

MyChart is available in two formats - MyChart Online and MyChart Mobile (collectively referred to as the "MyChart System"). MyChart Online includes online access to portions of clinical and financial records of a patient, as those records exist in Arkansas Children's patient care systems, as well as online communication functions to facilitate the patient's or his/her Proxy's non-urgent interactions with Arkansas Children's. MyChart Mobile is a secure mobile application that allows access to portions of clinical and financial records of a patient from any compatible mobile phone, tablet, e-reader, or internet/wi-fi capable mobile device. Arkansas Children's reserves the right to deny, suspend, or revoke access to MyChart Online and/or MyChart Mobile at any time, for any reason.

MyChart System Enrollment Eligibility

We encourage mature teenagers to take control of their medical care; therefore, a patient 13 or older may request a personal MyChart System account. Parents or guardians of minor children may request access to the minor child's account by following the terms outlined in the "Proxy Access" section of these Terms of Use.

Proxy Access

Proxy access allows you access to the MyChart System account of someone other than yourself ("Proxy Access"). Such access will only be granted to persons with parental rights or legal guardianship over the patient and only to the extent that the party requesting Proxy Access can demonstrate the legal right to that patient's medical information. Proxy Access will only be granted with respect to accounts for patients age 14 and over if the patient is present at the time of such request and the patient executes an acknowledgement form with respect to the Proxy Access.

If you have Proxy Access and your legal right to obtain Proxy Access for the patient changes, you must notify Arkansas Children's immediately of that change and must not access that patient's MyChart System account at any time after your legal rights to the patient's personal or health information have expired or been terminated. Any attempt to access information you are not entitled to receive is a breach of these Terms of Use, and Arkansas Children's reserves the right to revoke or suspend your access to the MyChart System and to take any appropriate legal action. Arkansas Children's reserves the right to revoke Proxy Access at any time for any reason. Minor patients who have a personal MyChart System account do have the ability to terminate Proxy Access in the patient's MyChart System account settings.

Arkansas Children's reserves the right to collect, examine or make copies of any information it considers necessary to determine whether legitimate proxy rights exist and to deny eligibility if this information is lacking. Arkansas Children's reserves the sole right to determine whether proxy eligibility exists and to whom it will grant Proxy Access rights.

When the patient reaches the age of 18 or obtains a court order of emancipation, all Proxy Access will be discontinued and/or denied. At that point, the patient is an adult and may request access to his/her own MyChart System account.

There are certain types of medical information that a parent or legal guardian of a minor may be restricted from viewing under various State and Federal laws, and Proxy Access to this medical information may be denied. The posting of medical information to MyChart Online or MyChart Mobile is at the discretion of the patient's individual physician(s).

Privacy, Security and Confidentiality

Our patients' privacy is very important to us. Arkansas Children's uses its patient's confidential medical information in order to provide healthcare services. Please refer to the Arkansas Children's Joint Notice of Privacy Practices for detailed information about Arkansas Children's use or disclosure of protected health information to provide medical treatment, to collect payment for services provided, and to facilitate Arkansas Children's healthcare operations. All messages within the MyChart System that contain medical information are subject to State and Federal laws governing the security and confidentiality of medical records.

We afford the same degree of confidentiality to medical information stored on the MyChart System as is given to medical information stored in medical charts at Arkansas Children's and other medium. Arkansas Children's is committed to protecting the confidentiality of our patients' medical information. We limit Arkansas Children's employees' access and ability to enter or view information based on their role in the patient's care. Firewalls, passwords, encryption and audit trails are further used to safeguard patient information. We will identify the records accessed in the MyChart System to note the time and date of such access. We have taken steps to make all information received from our online visitors as secure as possible against unauthorized access and use. Arkansas Children's uses and will continue to use industry standard methods to protect the confidentiality and security of its patients' personal information and to meet applicable State and Federal regulations related to privacy and information security, including the Health Information Portability and Accountability Act ("HIPAA").

MyChart Availability

The MyChart System may not be available at all times due to system failures, procedures, maintenance, or other causes beyond the control of Arkansas Children's. Access is provided on an "as-is, as-available" basis and without warranty of any kind. Arkansas Children's cannot guarantee that users will be able to access the MyChart System at all times. If the MyChart System is unavailable, parents should call their child's health care provider with any questions they may have or to obtain information about their child's medical care or condition.

Information Accuracy

Arkansas Children's will engage in commercially reasonable efforts to accurately collect, store and display through the MyChart System data that is collected from or about you, the patient, or the Proxy in the course of your relationship with Arkansas Children's. Arkansas Children's will also make reasonable efforts to correct erroneous data on file when notified of the error. Arkansas Children's does not and cannot guarantee that all information collected from or about you, the patient, or the Proxy in the course of your relationship with Arkansas Children's is true and correct, and by accepting these Terms of Use, you acknowledge and accept that errors related to your personal data may occur.

Governing Law

These Terms of Use are governed by the laws of the State of Arkansas and applicable federal laws of the United States of America, without giving effect to conflict of laws principles, and you agree to be bound and shall be subject to the exclusive jurisdiction of the local, state, or federal courts located in Pulaski County, Arkansas.

Limitation of Liability

YOUR USE OF THE MYCHART SYSTEM IS AT YOUR OWN RISK. ARKANSAS CHILDREN'S SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) YOUR USE OR MISUSE OF MYCHART OR THE CONTENT THEREOF; (II) YOUR INABIILTY TO ACCESS MYCHART OR THE CONTENT THEREOF; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED BY YOU; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY MYCHART; OR (V) A BREACH OF MEDICAL RECORD CONFIDENTIALITY RESULTING FROM A PATIENT OR PROXY'S SHARING OR LOSING HIS OR HER MYCHART USERNAME AND/OR PASSWORD.

Web site links

The MyChart System may offer links to medical web sites not managed by Arkansas Children's. These web site link(s) are for your informational purposes only. Arkansas Children's is not responsible for, does not endorse and has not verified the accuracy of the information in/on these web sites, and you should not rely on any of the information found on the web sites for purposes of treatment or diagnosis.

Changes and/or Termination

At any time and without notice to you, Arkansas Children's may change or modify the MyChart System, or any features or functions thereof, or may suspend or discontinue the MyChart System, or stop supporting the MyChart System, or any aspect thereof. Any such termination, suspension or discontinuance shall be without liability to you.

Modified Terms

These Terms of Use may be modified at any time and without notice to you. Your continued use of the MyChart System after any such changes to these Terms of Use are made available through the MyChart System will constitute your acceptance of those changes.

MyChart System Member Responsibilities:

Information Accuracy: You are responsible for ensuring that all information you provide during sign up and continued use of the MyChart System is accurate and true at the time you provide the information. Any deliberate falsification of information that you provide is a breach of these Terms of Use, and Arkansas Children's reserves the right to revoke or suspend your access to MyChart Online and/or MyChart Mobile and to take any appropriate legal action.

You are able to upload other medical information to the MyChart System. Uploading information does not make it part of the patient's Arkansas Children's health care record and does NOT mean that it will be reviewed by a health care provider. If you have information that must be reviewed by a health care provider, please contact the provider to discuss your concern.

You acknowledge that you assume all responsibility related to the security, privacy, and confidentiality risks inherent in sending any content to Arkansas Children's over the internet. Arkansas Children's does not warrant or safeguard against the interception or other compromises to information you send over an internet connection.

Username and Password Protection: Your username and password provide access to your personal records or the records of the patient for whom you are a Proxy. You should not share this information with anyone else. Furthermore, if you believe or learn that this information has been or may have been obtained by anyone other than you, you should promptly notify Arkansas Children's at 501-364-1152 so that your access information may be changed.

Electronic Communications: Arkansas Children's healthcare team members may communicate electronically with patients or their Proxies only on request. Your use of the MyChart System represents your request for such communication. You must notify Arkansas Children's if you withdraw your approval for electronic communication. Not all healthcare providers at Arkansas Children's communicate with patients or their Proxies electronically. Healthcare personnel may choose to respond to electronic communications from you by other means (for example, by telephone).

As a MyChart System member, you may receive electronic notices to the e-mail address(es) you provide to Arkansas Children's in connection with your enrollment and continued membership in the MyChart System. These notices will let you know when new information is in your MyChart System account or the account(s) for which you have Proxy Access. These notices will not include private medical information. You are responsible for keeping your email address(es) current. We will not use your e-mail address for any marketing purposes, such as eNewsletters.

Arkansas Children's healthcare providers may communicate with you through your MyChart System Inbox. While the notices to your email account will not include private medical information, the messages in your MyChart System Inbox may contain detailed health and medical care information. It is your responsibility to monitor the messages in your MyChart System Inbox. Additionally, Arkansas Children's healthcare providers are able to respond to communications that you send through the MyChart System based only on the information you provide. If you do not provide enough information, your healthcare providers may not be able to provide an accurate response. You agree that you will not hold Arkansas Children's liable for any loss, injury, or claims of any kind resulting from MyChart Online and/or MyChart Mobile messages 1. that you do not read in a timely manner, or 2. that are in response to insufficient or inaccurate information provided by you. MyChart System communications are part of the patient's official medical record and other healthcare providers may read the communications.

You agree that you will use the electronic communication privileges of the MyChart System in a courteous, respectful, efficient and informative manner, and that you understand that this service is not for social dialogue. You are responsible for all information you send to the MyChart System. You may not post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, invades the privacy of another person or any other information or materials that constitute a crime, give rise to a civil action or otherwise violate any law or confidentiality agreement. Arkansas Children's reserves the right to refuse to post any such message, to revoke or suspend your access to MyChart Online and/or MyChart Mobile, and/or to take any appropriate legal action related to any inappropriate use of the MyChart System or the information it contains.

Arkansas Children's does not encourage or condone the copying and pasting or otherwise posting of information from your MyChart System account into any other form of electronic communication, including but not limited to e-mail, social media sites (such as Facebook, Twitter, Instagram, for example), blogs, message boards, or any other Web 2.0 applications. Arkansas Children's will not be liable for improper disclosure of confidential information that results from such activity.

Member Acknowledgement and Agreement

I UNDERSTAND THAT ARKANSAS CHILDREN'S 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 THE MYCHART SYSTEM.

I acknowledge that I have read and fully understand the information provided herein. I understand the risks associated with using electronic systems to contact and receive information from Arkansas Children's. I agree to the terms listed above, in addition to the terms and conditions of the archildrens.org Terms and Conditions of Use and Joint Notice of Privacy Practices. I agree to the instructions outlined here, as well as any other instructions that any Arkansas Children's representatives may create pertaining to electronic communications between Arkansas Children's and its patients or their Proxies.

I understand that Arkansas Children's may discontinue this service at any time. All of my questions about the MyChart System have been answered.

I understand that I may "Decline" these Terms of Use and that my declining these Terms of Use will not affect the patient's ability to obtain treatment or payment or the patient's eligibility for benefits. My declining these Terms of Use will deny me access to the MyChart System. I understand that Proxies I have requested and authorized via "Authorization to Access to Your/Your Child's Arkansas Children's MyChart Record Non-Guardian Access" form and/or "Authorization for Access to Your/Your Child's MyChart Record" form will have access to view patient protected health information contained in the patient's Arkansas Children's MyChart.

I understand that Proxy Access will expire on the patient's 18th birthday.

I understand that I may remove Proxy Access and/or discontinue use of the MyChart System at any time. To remove a Proxy's access please call 501-364-1152 or email MyChart@archildrens.org.

I understand that if I share information from the MyChart System with another person or entity that that is not a health care provider or health plan covered by federal privacy regulations, the information may be re-disclosed and no longer protected by such regulations.