Terms and Conditions of MyPenCare

By accessing or using MyPenCare, I agree to comply with and be bound by the following Terms and Conditions.

Introduction
MyPenCare is an Internet application that provides patients with web-based access to information from their medical records maintained in electronic format by Peninsula Regional Medical Center. Peninsula Regional Medical Center is offering this service so that patients have a convenient way to review information from their medical record and communicate with their participating healthcare providers. Because the medical record information available through MyPenCare is electronic, this presents security and privacy issues, as described below. I understand that it is my responsibility to take steps to protect the security and privacy of my information available through MyPenCare.

Use of MyPenCare
MyPenCare provides access to certain information in medical records and allows communication between patients and their participating healthcare providers. I understand that the scope of information accessible through MyPenCare is determined by my health care providers and Peninsula Regional Medical Center and may not constitute my entire medical record. I understand that to request access to my complete medical record, I may continue to contact my health care providers directly.

I understand that I am not required to use MyPenCare and may stop using it at any time. MyPenCare is being provided to me without charge and I understand that I do not have any ownership interest in MyPenCare or any other rights to MyPenCare, other than to use it in compliance with these Terms and Conditions. Peninsula Regional Medical Center may terminate my access to MyPenCare at any time and may do so immediately if it is determined that I have violated these Terms and Conditions or any condition of my utilization of MyPenCare. In addition, I understand MyPenCare is accessible to me on an "as-available" basis only, and may not always be available due to system maintenance, failures or other situations beyond the control of Peninsula Regional Medical Center.

MyPenCare is designed to enable me to send requests, questions and other health care related communications electronically to my health care providers. I understand that my communications will be routed to an appropriate individual within my health care provider's department or practice. Authorized individuals other than my health care provider may review my medical record information in order to address my request. I acknowledge that messages exchanged between me and my healthcare provider through MyPenCare may become part of my official medical record. I understand that if my communication contains sensitive information that I only want shared with my health care provider, I should contact the provider directly, not use MyPenCare for this.

I understand that I should not expect an immediate response and that the average turnaround time for responding to requests through MyPenCare is approximately two business days. I agree that I will only use MyPenCare for communications of a non-urgent, routine nature. When in doubt, I will contact my healthcare provider directly by telephone. If I have a medical emergency, I will dial 911, and will not use MyPenCare to communicate a medical emergency to my healthcare provider.

Communications from healthcare providers through MyPenCare will contain important information regarding my health care. I understand that my healthcare providers may decide not to communicate with me by any other means if they have communicated through MyPenCare. Therefore, I understand it is important for me to regularly monitor my message inbox in MyPenCare and my personal email for message notifications. I agree I will not hold Peninsula Regional Medical Center liable for loss, injury or claims resulting from my failure to access and read messages in a timely manner.

Security and Privacy
I understand that I will have a unique username and password to access MyPenCare, and these are for my use only (except as described below under "Minors" and "Proxy Access"). I understand I should not share my user name or password with anyone. I may change my password or user name at any time through MyPenCare, and I agree to change them if I have reason to believe either or both of them have been compromised.

I understand that I will receive messages in my personal email account that may contain information I would not want others to know (for example updates to my medical record information available on MyPenCare or other information). I agree to take this into consideration when sharing any information required to access my personal email account with anyone else, since they will also have access to these emails.

I understand Peninsula Regional Medical Center will use security measures within the scope of MyPenCare, such as identity verification using specific activation codes. Once I access information through MyPenCare, I am solely responsible for maintaining the security and privacy of my information. I am also responsible for protecting my username, password, and activation code used to access MyPenCare. I also understand I am responsible for the results or consequences when I share my information accessed through MyPenCare.

Minors
An individual must be age 18 or older to request a personal MyPenCare 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 below. However, the full spectrum of MyPenCare services will not be available for the records of minor children. Under applicable law, there are certain types of medical information that the parent or guardian of a minor patient may not view without consent of the minor patient. When a minor patient reaches age 12, restrictions will be placed on parents' or guardians' MyPenCare access until the minor reaches age 18. At age 18, a child is no longer a minor and access by parents will be terminated automatically. If after age 18, there is a legal guardianship in place, the guardian will need to re-apply for access as described in the Proxy Access section, below.

Proxy Access (Requests for Access by Someone Other Than the Patient)
Individuals age 18 or older may request proxy access to another individual's MyPenCare record. Proxy access will be granted only to parties with parental rights or legal guardianship only to the extent that the party requesting proxy access can demonstrate the legal right to that medical information to Peninsula Regional Medical Center. Proxy access may be requested by completing the Authorization to Release Medical Information form in-person at Peninsula Regional Medical Center's Health Information Management office. Parents or legal guardians must supply copies of supporting legal documentation. If the proxy's legal relationship with the patient changes, the proxy must inform Peninsula Regional Medical Center immediately by contacting the MyPenCare Help Desk. Peninsula Regional Medical Center reserves the right to revoke proxy access at any time for any reason.

Disclaimer of Liability
I ACKNOWLEDGE THAT MYPENCARE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, AND PENINSULA REGIONAL MEDICAL CENTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO MYPENCARE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. PENINSULA REGIONAL MEDICAL CENTER IS NOT LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT OR INDIRECT DAMAGES, LOSS OR RELATED EXPENSES WHICH MAY ARISE FROM THE USE (OR INABILITY TO USE) MYPENCARE. PENINSULA REGIONAL MEDICAL CENTER IS NOT RESPONSIBLE FOR AND DISCLAIMS LIABILITY FROM: (A) ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORKS, THE WEB OR INTERNET; (B) MY INTERNET SERVICE PROVIDER, ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE OR ANY OTHER SERVICE OR DEVICE THAT IS USED TO ACCESS MYPENCARE; OR (C) LOSS OR INACCURACY OF DATA OR INFORMATION OF ANY KIND; WHETHER OR NOT PENINSULA REGIONAL MEDICAL CENTER IS ADVISED OF THE POTENTIAL FOR SUCH DAMAGES.

I UNDERSTAND I MAY CONTINUE TO USE ALTERNATIVE METHODS OF COMMUNICATION TO CONTACT MY HEALTHCARE PROVIDER AT ANY TIME. I ACKNOWLEDGE THAT MYPENCARE WILL NOT BE USED TO MAKE HEALTHCARE DECISIONS OR DIAGNOSES, AND THAT PENINSULA REGIONAL MEDICAL CENTER SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, ARISING FROM MY USE OR MISUSE OF MYPENCARE OR ANY OF ITS INFORMATION OR CONTENT. I UNDERSTAND THAT PENINSULA REGIONAL MEDICAL CENTER IS NOT RESPONSIBLE FOR, AND DISCLAIMS LIABILITY FROM, ANY RESULTS OR CONSEQUENCES FROM MY INTENTIONAL OR UNINTENTIONAL SHARING OF, PROVISION OF ACCESS TO OR DISCLOSURE OF MY USERNAME, PASSWORD, ACTIVATION CODE OR MEDICAL RECORD INFORMATION AVAILABLE THROUGH MYPENCARE.

I ACKNOWLEDGE THAT MY INFORMATION WILL BE TRANSMITTED OVER THE INTERNET AND THAT THERE IS NO GUARANTEE OF ACCURACY OR SECURITY. PENINSULA REGIONAL MEDICAL CENTER DOES NOT GUARANTEE THAT MYPENCARE WILL BE FREE FROM SERVICE DISRUPTIONS, UNAVAILABILITY OF INFORMATION, DOWNTIME, INTENTIONAL OR INADVERTENT INTRUSIONS, VIRUSES OR WORMS OR OTHER MECHANISMS THAT MAY ATTACK MY COMPUTER. I AM SOLELY RESPONSIBLE FOR ENSURING THAT MY COMPUTER HAS ADEQUATE PROTECTIONS AGAINST THEM.

Third-Party Content Disclaimer
MyPenCare may offer links to related medical Web sites not managed by Peninsula Regional Medical Center. These Web site link(s) are meant to be informative and are for patient or proxy informational purposes only. Peninsula Regional Medical Center does not endorse and has not verified the accuracy of the information in or on these Web sites, and I understand I should not rely on any of the information found on the web sites for purposes of treatment or diagnosis. I understand I should consult with my physician or other qualified health care provider about specific health care concerns. Peninsula Regional Medical Center advises users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.

Amendments to the Terms and Conditions
These Terms and Conditions may be modified at any time by Peninsula Regional Medical Center, and such modifications become effective immediately upon the posting of the revised Terms and Conditions and no additional notice will be given.

Governing Law
These Terms and Conditions will be governed by Maryland Law. THE MARYLAND UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT OR ANY VERSION THEREOF ("MUCITA") SHALL NOT APPLY TO THESE TERMS AND CONDITIONS AND, TO THE EXTENT THAT MUCITA IS APPLICABLE, THE PARTIES AGREE TO OPT-OUT OF THE APPLICABILITY OF MUCITA PURSUANT TO SECTION 22-104 OF THE COMMERCIAL LAW ARTICLE OF THE ANNOTATED CODE OF MARYLAND.