Common use of E-Mail Communications Clause in Contracts

E-Mail Communications. (a) Unless advised otherwise in writing, Program Member authorizes the Physician and Physician’s staff and designees to communicate with Program Member by e-mail regarding Program Member’s personal health information (as such term is defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations; “PHI”) at Program Member’s e-mail address shown on the signature page of this Agreement. (b) Program Member acknowledges and agrees that: (i) e-mail may not be a secure medium for sending or receiving PHI; (ii) although the Physician and Physician’s staff and designees will make reasonable efforts to keep e-mail communications among Program Member, the Physician and Physician’s designee(s) (and their employees, agents and representatives) confidential and secure, Program Member understands that they cannot assure or guaranty the confidentiality of e-mail communications; (iii) in the discretion of Physician, e-mail communications may be made a part of Program Member’s permanent medical record; and (iv) e-mail is not an appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information. (c) Program Member further acknowledges and agrees that: (i) Program Member will not use e-mail for communications regarding emergencies or other time-sensitive issues, or for communication regarding sensitive information; (ii) If Program Member does not receive a response to Program Member’s e-mail message within one (1) business day (or such longer time as Program Member indicates in the e-mail), Program Member will use another means of communication to contact the Physician or appropriate representative; (iii) Program Member will include Program Member’s full name and a short description of the subject matter of the e-mail (e.g., “prescription refill”, “medical advice”, “billing question”) in the “Re” or “Subject” line of the e-mail; (iv) When responding to an e-mail from the Physician or Physician’s staff or representative, Program Member will use “Reply with History” to ensure that the recipient is aware of the previous communication; and (v) Neither Physician nor any of Physician’s agents, consultants or representatives will be liable to Program Member for any loss, damage, cost, injury or expense caused by, or resulting from: (i) a delay in response to Program Member due to technical failures, including, but not limited to, technical failures attributable to internet service provider, power outages, failure of electronic messaging software, failure by Physician, or any of Physician’s agents, consultants or representatives to properly address e-mail messages, failure of computers or computer network, or faulty telephone or cable data transmission; (ii) any interception of e-mail communications by a third party; or (iii) Program Member’s failure to comply with the guidelines regarding use of e-mail communications set forth in this Section 5.

E-Mail Communications. (a) Unless advised otherwise in writing, Program Member authorizes the Physician and Physician’s staff and designees to communicate with Program Member by e-mail regarding Program Member’s personal health information (as such term is defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations; “PHI”) at Program Member’s e-mail address shown on the signature page of this Agreement.mail (b) Program Member acknowledges and agrees that: (i) e-mail may not be a secure medium for sending or receiving PHI; (ii) although the Physician and Physician’s staff and designees will make reasonable efforts to keep e-mail communications among Program Member, the Physician and Physician’s designee(s) (and their employees, agents and representatives) confidential and secure, Program Member understands that they cannot assure or guaranty the confidentiality of e-mail communications; (iii) in the discretion of Physician, e-mail communications may be made a part of Program Member’s permanent medical record; and (iv) e-mail is not an appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information. (c) Program Member further acknowledges and agrees that: (i) Program Member will not use e-mail for communications regarding emergencies or other time-sensitive issues, or for communication regarding sensitive information; (ii) If Program Member does not receive a response to Program Member’s e-mail message within one (1) business day (or such longer time as Program Member indicates in the e-mail), Program Member will use another means of communication to contact the Physician or appropriate representative; (iii) Program Member will include Program Member’s full name and a short description of the subject matter of the e-mail (e.g., “prescription refill”, “medical advice”, “billing question”) in the “Re” or “Subject” line of the e-mail; (iv) When responding to an e-mail from the Physician or Physician’s staff or representative, Program Member will use “Reply with History” to ensure that the recipient is aware of the previous communication; and (v) Neither Physician nor any of Physician’s agents, consultants or representatives will be liable to Program Member for any loss, damage, cost, injury or expense caused by, or resulting from: (i) a delay in response to Program Member due to technical failures, including, but not limited to, technical failures attributable to internet service provider, power outages, failure of electronic messaging software, failure by Physician, or any of Physician’s agents, consultants or representatives to properly address e-mail messages, failure of computers or computer network, or faulty telephone or cable data transmission; (ii) any interception of e-mail communications by a third party; or (iii) Program Member’s failure to comply with the guidelines regarding use of e-mail communications set forth in this Section 5.