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1. Patient Portal Software and Services. Pursuant to the terms of this Service Schedule, Company shall provide to Customer Company’s Patient Portal software, which provides secure, web-enabled, remote user access for patients and their designated representatives (“Patient Users”) to view their medical record, appointments and statements, and communicate securely with Customer’s Providers.
2. Patient Portal Software License. Customer is granted access to the Patient Portal pursuant to the terms of the Subscription Software License. Notwithstanding anything to the contrary in the Subscription Software License, Customer is permitted to provide its Patient Users with access to the Patient Portal pursuant to the terms and conditions set forth in this Service Schedule and such Patient Users shall be considered Users for purposes of the Subscription Software License.
3. Company Responsibilities. Provided that Customer pays all Fees when due, Company shall provide Customer and Patient Users with access to the Patient Portal, provide standard maintenance for the Patient Portal and, if applicable, maintain certification of the Patient Portal in accordance with the Certification of Electronic Health Record Technology standards, as amended.
4. Customer Responsibilities.
a. Patient Access. Customer is solely responsible for inviting individuals to become Patient Users; properly identity proofing and authenticating such individuals before providing them with access to the Patient Portal; and providing technical support to Patient Users with respect to their use of the Patient Portal.
b. Compliance with Laws. Customer understands and agrees it is responsible for compliance with applicable federal, state and local laws, rules and regulations as it relates to its use of the Patient Portal and its provision of access to the Patient Portal to Patient Users, including but not limited to the Children’s Online Privacy Protection Act (“COPPA”) and the Health Insurance Portability and Accountability Act (“HIPAA”). Customer shall not provide access to any Patient Users who reside outside of the United States and its territories. If Customer becomes aware of any allegation that the Patient Portal violates any privacy or security law or of any risk to the privacy and security of information available through the Patient Portal, Customer shall immediately notify Company. Customer shall cooperate with Company’s reasonable requests related to the investigation of, response to or mitigation of any risks associated with such notification.
c. Available Content. Customer is responsible for defining what clinical content will be available to Patient Users through the Patient Portal and making such content available.
d. Patient User Terms of Use. Customer understands and agrees that Patient Users will be required to register to be able to access the Patient Portal. During the registration process or anytime thereafter, Patient Users may be asked to accept terms of use and a privacy policy related to their access to the Patient Portal (collectively, the “Patient Portal Terms”). At a minimum, the Patient Portal Terms must include those provisions which are pre-populated in the Patient Portal Terms by Company and which Company may change from time to time. Customer is fully and solely responsible for including any additional terms and maintaining such additional terms; provided, however, that such terms shall not conflict with this Agreement or the Company pre-populated Patient Portal Terms or impose any obligations on Company.
e. Unauthorized Use. Customer shall promptly notify Company of any unauthorized use or infringement of the Patient Portal or any other Company’s intellectual property by Patient Users or others, of which Customer becomes aware. Company shall have the right, at its expense, to bring an action on account of such unauthorized uses or infringements. Customer shall cooperate with Company in such action in such manner as Company may reasonably request, at Company’s cost and expense.
