Loopback, either on its own and/or through arrangements with affiliated entities, maintains a computerized information system which maintains and permits remote access to “Protected Health Information” (PHI) under HIPAA and “Sensitive Personal Information” (SPI) which information is deemed confidential under various federal and state laws and regulations (“Confidential Medical Information”) related to the program or services for which you have been granted remote access (the “Program”).
By indicating your acceptance of this Agreement during the registration process or by utilizing the Remote Access Services in any manner, you agree to be bound by this Agreement and you also agree to abide by all applicable federal and state laws, rules and regulations (“Applicable Law”).
Loopback reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Loopback website. All material modifications will apply prospectively only. Your continued use of the Remote Access Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Remote Access Services immediately. You may receive a copy of this Agreement by contacting us at the address set forth on our website.
By using the Remote Access Services, you acknowledge and agree that you have read and understand this Agreement and its terms and conditions, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.
- Loopback Agreements. Loopback agrees to provide you remote access to certain Confidential Medical Information for the Program in accordance with the terms and conditions of this Agreement. You acknowledge that the remote access provided hereunder is being provided as a courtesy to you and Loopback may decide, in its sole discretion at any time with or without notice to you, to no longer provide such remote access. You acknowledge there may be periods of time when it may not be possible to remotely access Confidential Medical Information hereunder and Loopback is making no representations or warranties concerning your continued and uninterrupted ability to remotely access Confidential Medical Information
- Your Agreements. (a) You agree that as a condition to receiving remote access to Confidential Medical Information hereunder, you shall at all times comply with this Agreement and Applicable Law. In accordance with this Agreement, you are permitted access, only for medical care and authorized business purposes, to Confidential Medical Information of patients for whom you may properly access Confidential Medical Information related to the Program in accordance with Applicable Law (collectively “Permitted Patients”). You are responsible for the payment of all telecommunication and related expenses (e.g., phone line installation, toll charges, Internet charges, etc.) incurred by you in order to receive remote access
- The remote access to Confidential Medical Information of Permitted Patients is limited to your need to know such Confidential Medical Information, to the minimum extent necessary, to perform your duties for the Program. You agree not to access or attempt to access any Confidential Medical Information of patients unless they are Permitted
- You may access Confidential Medical Information of Permitted Patients by using an individual identification number that will be assigned to you. You understand that when an authorized individual’s identification number is used to gain access to Confidential Medical Information of Permitted Patients, the identification number, time of access, and the name of the patient whose medical record was accessed will be recorded. You will be assigned an individual password in order to access Confidential Medical Information of Permitted Patients. You agree that you will not authorize any other individuals to have access to Confidential Medical Information or for individuals to use a password not specifically assigned to that
- You agree and acknowledge as follows:
- You will practice good workstation security measures such as properly safeguarding or securing your computer, using screen savers with activated passwords appropriately, and position screens away from public view.
- You will practice secure electronic communications by transmitting Confidential Medical Information only to authorized entities, in accordance with approved security
- You will (i) use only Loopback assigned User-ID and passwords, PINs and access codes, (ii) use only approved licensed software, and (iii) use a device with up-to-date virus protection
- You will not (i) disclose passwords, PINs, or access codes, (ii) use tools or techniques to break or exploit security measures, or (iii) connect to unauthorized networks through the systems or
- You will (i) properly safeguard and secure any devices (computers, laptops, tablets, smart-phones, etc.) used to access Confidential Medical Information hereunder, (ii) properly safeguard and secure all Confidential Medical Information downloaded, printed or otherwise accessed hereunder, and (iii) acknowledge that accessing Confidential Medical Information, including without limitation, printing Confidential Medical Information accessed hereunder, may cause the Confidential Medical Information to be saved on the hard drive or other storage mechanism of the device (computers, laptops, tablets, smart-phones, etc.) used to access Confidential Medical Information hereunder and will take all necessary steps to properly safeguard and secure such Confidential Medical
- You will immediately notify Loopback if any passwords, PINs, or access codes have been seen, disclosed, or otherwise compromised, and will immediately report to Loopback any violations of this Agreement or any other incident that could have any adverse impact on Confidential Medical
- By accessing a patient’s Confidential Medical Information, you affirmatively represent to Loopback at the time of each access that you have the requisite medical and/or business need to know and appropriate consent, and Loopback may rely on that representation in granting such access. As a further condition to remotely accessing the Confidential Medical Information hereunder, you shall indemnify and hold Loopback harmless from any damages, claims or losses it might suffer or any liability it might incur to any person as a result of the intentional or negligent acts or omissions of you and/or the breach of this Agreement by
- You shall be bound by all policies, rules and regulations of Loopback concerning Confidential Medical Information, including the confidentiality of such medical record information. You shall not disclose or release such medical record information in any manner except in accordance with this Agreement and Applicable Law. Any breach of medical record confidentiality or Applicable Law may result in the immediate termination of this Agreement by Loopback, without prior notice to you, as determined in Loopback’s sole
- Termination Matters. This Agreement may be immediately terminated in the sole discretion of Loopback, with or without prior notice to you, upon the occurrence of any of the following: (i) any violation by you of this Agreement or Applicable Law; (ii) any unauthorized use of the software or remote access services by you; or
(iii) Loopback determines, in its sole discretion, to suspend, terminate, modify or change the remote access of Confidential Medical Information and desires to terminate this Agreement.
- HIPAA and Texas Law Matters. You agree to comply with all Applicable Law, including without limitation, the applicable provisions of (i) the Health Insurance Portability and Accountability Act of 1996 (“HIPAA), as amended and supplemented by the American Recovery and Reinvestment Act of 2009 and all regulations promulgated thereunder, as either have been amended by the Health Information Technology for Economic and Clinical Health Act, (ii) the Texas Health & Safety Code Section 181 (sometimes commonly referred to as the Texas Medical Records Privacy Act), (iii) the Texas Business & Commerce Code Section 521 (sometimes commonly referred to as the Texas Identity Theft Enforcement & Protection Act), and (iv) all other applicable federal and state laws and regulations addressing patient and individual confidentiality. You will implement appropriate safeguards to prevent the use or disclosure of an individual’s Protected Health Information under HIPAA and Sensitive Personal Information under the Texas Identity Theft Enforcement & Protection Act other than as provided for by this Agreement or by Applicable
Miscellaneous. This Agreement constitutes the entire agreement and understanding of the parties with respect to the matters contained herein and supersedes all prior agreements and understandings. This Agreement shall be governed by, and interpreted in accordance with, the internal laws of the State of Texas, without giving effect to its conflict of laws provisions