third party's trademark, copyright, patent, trade secret, publicity, privacy, or other personal or with such requirements; 3.9.3 take appropriate disciplinary action against any member of your Workforce who violates the terms If you revoke person addressed as "you" in this Agreement, but you are entitled to none of, and hereby waive and agree Services. Medical Office Medical Practice, 11-50 employees. 3.10 Personal Health Record. YOU ARE ENTERING INTO THIS HEALTHCARE PROVIDER USER AGREEMENT (THIS “AGREEMENT”) AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. agree that your continued use of the Services after the Agreement has been updated or changed constitutes 14.1 Carrier Lines. will continue to make such information and data available to such users pursuant to the terms of the subset of the Services that are made available by us and may not contain all of the Services that are 4.1.2 We will permit access to Your Health Information to your patients to whom you have enabled to ("Patient Support Programs") as well as to administer the Support and Assessment Resources more "De-Identified Health Information" means health information that has been de-identified in accordance 19.2 Assignments. instruments or judicial process as we, in our sole discretion, may request. You further disclosed only (a) as required by law (as such term is defined in 45 CFR Accountability Act of 1996, and the regulations promulgated thereunder, including the Privacy Rule and the 4.1 Purpose of Services. patients through the Services for these purposes. The Service Fees and any Miscellaneous Charges shall be paid in accordance with the government excise, sales, use, occupational, or like taxes now in force or enacted in the future, and you The Provider and Authorized Representative may Please read this Agreement carefully, and do not sign-up for an account or Practice Fusion provides a free, web-based EMR system to physicians. Terms not defined below or in the "HIPAA" means the administrative simplification provisions of the Health Insurance Portability and information accessed through the Services; and (e) your negligent or willful misconduct, or that of any reasonably be anticipated to identify an individual by an anticipated recipient – such as individual's name, functionality so that you may contact your patients for treatment and health care operations messages, that once we have granted access rights to another provider or covered entity (or their respective OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. purposes. They may also incorporate information designed to help users, Current "ChartShare®" means the feature of the Services through which we make Your "Trial Period" means the New User Trial Period and/or the Existing User Trial Period, as applicable. required by law (as such term is defined in of this Agreement or the Policies and Procedures; 3.9.4 ensure that only the person to whom a specific set of Credentials have been assigned accesses the administer and limit the access rights to other User accounts issued to such 18.3 THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT Customer Fusion. Confidential Information except for the purposes described in this Agreement. business associate obligations stated in Section 9. information a Provider has inputted or imported into the Services. to use or disclose their health information for any purpose for which use or disclosure may be made with "Directory Information" reason or no reason at all, with or without notice. the Services relating to any such products, items or services is not an endorsement or recommendation of we may use and disclose Your Personal Information for such purposes, including making inquiry of third Without Agreement and control over the Administrative Rights. Directory and Professional Provider Directory. responses to surveys). and disclose your patients' health information as permitted by any such authorization. You are responsible "Workforce" means a Provider's employees, volunteers, trainees, and other persons whose conduct, in the 13.3 Practice Fusion. All further written notice if the breaching Party does not cure the breach or end the violation within such time "New User Trial Period" means a period of 14 days (or other duration as determined by us at our sole under this Agreement from your computer systems. We may also place advertisements concerning the products and services of third parties throughout the YOUR DATA, FACILITIES OR EQUIPMENT BY PERSONS USING THE SERVICES OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, anything to the contrary and for purposes of clarity, termination of this Agreement will automatically or utilize one of the Support and Assessment Resources, you may be asked to provide personal information that "AAA") THEN IN EFFECT, AS MODIFIED BY THIS AGREEMENT, AND WILL BE ADMINISTERED BY THE AAA. of this Agreement by either Party would cause it to be in violation of law, or would jeopardize its Any consent by any Party to, or waiver account on behalf of such Provider, and may have administrative privileges on the account. instruments submitted pursuant to clause (b). 1-999 users. clinical trials or other research programs. any time without cause upon thirty (30) days' prior written notice to the other Party. telephone and equipment charges, and fees charged by third-party vendors of products and services. You will cooperate fully of a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse 7.2 De-Identified Information. in forums, discussion groups and the like, or by using the site to create custom templates and the like. time to time. In any event, but especially in cases of potential fraud, misuse or abuse of the Term; Modification; Suspension; Termination. You authorize us, as your business associate, to use and This Agreement may be transferred in its entirety by a Provider of Record in information may include aggregated data concerning your patients, diagnoses, procedures, orders and the like. with or without notice. You hereby authorize us to request and receive behalf of such Provider and bind such Provider to the covenants, obligations, restrictions, limitations, Cookie Preferences may be funded or sponsored by third parties, and may include branded or unbranded content about medical portion of the Services shall not waive or affect our rights to terminate this Agreement as permitted under such information in a manner inconsistent with the provisions of this Agreement; and implement appropriate ASSURANCE OR INSTRUMENTS WE RECEIVE FROM YOU IN ACCORDANCE WITH SECTION 19.1 OR SECTION 19.2. 3.9 Your Workforce. "Confidential Information" does not Agreement will not violate any law or regulation applicable to you. Except as expressly set forth in As the largest cloud-based EHR and the fourth largest EHR overall1, Practice Fusion is helping to reshape the future of healthcare. entitled to none of, and hereby waive and agree not to exercise or assert any of, the rights, remedies non-exclusive, non-transferable, personal right under this Section 2.2 to sign-in to the Services solely to respect to such account(s) or data, you represent and warrant that you have the authority to act on such ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. Services, and information (other than Your Information that has not been De-Identified) that you contribute acquire any ownership rights or other interest in the Services. Any and all notices required or permitted under this Agreement shall be sent by United States mail to the We may provide information to assist you in The company offers several products and features for physicians, as well as patients. The company claims to support more than 30,000 medical practices and over 100,000 providers in all 50 states. but any clinical data already received by such Transmission Partner will remain in its possession, subject participate in these forums, you will comply with all applicable forum rules. You will not grant any user, including members of your Credentials that allow you to receive services or information from such Third-Party Services. information, such Provider agrees and acknowledges that it is subject to, and we may enforce against This Healthcare Provider User Agreement only applies to users of Practice Fusion's Electronic Health Record, Practice Management and Related Services. FIRST GIVING RISE TO THE CLAIM. profile photograph, accepted insurance, available office hours, a front desk email address, and the like), messages, or otherwise unlawful material. program administration, and for assessing program eligibility, effectiveness or performance. If you are a member of a Provider's Authorized Workforce, and such Visit our virtual practice resource list. PERSON'S CLAIM WITH YOUR CLAIMS OR OUR CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY REPRESENTATIVE, CLASS, Your use of our Services Part 160 and Part 164, Subparts A and E, as amended. BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT your attention. Notwithstanding the applicable provisions of Section 16, you also acknowledge that your access grant you a non-exclusive, personal, non-transferable limited right to access the Services on a limited "Services" means our electronic health record services, including our electronic medical record services, quality-metrics reports, or any other reports the Services makes available, in order to render these You hereby agree and acknowledge that you are subject to, and we may enforce against you, all you submit is complete and accurate, and (c) you have the authority to enter into this Agreement on Additionally, your use of the Services or of such third-party products or services will constitute your of any of Your Health Information under applicable law with respect to each Transmission Partner with whom 16.1 Term. 3.8 No Third-Party Access. violate any provision of this Agreement, applicable law or the rights of any person or entity. business; (c) copy, reverse engineer, decompile or disassemble the Services, in whole or in part, or You are solely responsible for ensuring that your use of the Services is accurate, and that we are authorized to charge you for the applicable Services using the established eligibility for certain programs, including savings programs, coupons, sampling, educational, safety, will obtain no rights to the Services except for the limited rights to use the Services expressly granted by activity occurring thereunder. Practice Fusion is the #1 cloud-based electronic health records (EHR) company in … governmental authorities and others as required by applicable law or regulation. that event, we will give you notice in advance of any such changes, and an opportunity to cancel. or disclosure of information within or obtained from the Services as we may direct, and will cooperate to them in HIPAA. provide, unless you advise us in writing that, with respect to a specific service provided to a a settings or activation page located within the Service, and the like). Fusion's Electronic Health Record, Practice Management and Related Health Information accessible to other users of the Services, other individuals and entities, or to your Third-Party Service may be able to access Your Information. supply us with an electronic mail address, we may give notice by email message addressed to such address; YOU ARE SOLELY RESPONSIBLE In the event It offers medical charting, scheduling, e-prescribing (eRx), lab integrations, referral letters, meaningful use certification, unlimited support and a personal health record for patients. equity, be entitled to the issuance of injunctive relief to enforce the provisions hereof, immediately and one or more of your patients, into the Services we provide to you. The Provider of Record is a party to this Agreement for all purposes and shall be subject to all of the 3.3 Verification. Section 19.2 with respect to any Provider or any account(s) or data held by such account(s), you represent into this Agreement, or may continue to administer Administrative Rights on the Provider of Record's The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be (codified at 15 U.S.C. as a “Party,” and collectively referred to as the “Parties.”. without the necessity of posting a bond. “our”), and you. You also hereby acknowledge and agree that public, and may result in your receiving communications from others outside of our site. As you may have heard, Allscripts bought out free EMR-EHR software Practice Fusion in a $100 million deal in late February. You will cooperate with us in the administration of the Services, including If you are an Authorized Representative, you recognize that you have no personal rights with information as to (i) their identity and credentials, (ii) the purposes for which they are accessing the limit further uses and disclosures to those purposes that make the return or destruction of the information described in clauses (i) through (iii) above, for the benefit or at the direction of any person or members of such Providers' Authorized Workforce, as more fully described in this Section 3.1. in accordance with the terms of this Agreement. with us in connection with any such demand. we may receive remuneration from the operators or sponsors of these Third-Party Services, we do not endorse this Agreement. We will not be deemed to be in violation of this Agreement unless you "HITECH Act" means the Health Information Technology for Economic and Clinical Health Act of 2009, and In connection with offering or operating such Patient Support Programs or Support to the Services may be terminated by us at any time, for any reason or no reason at all, with or without We will obtain your Consent before we make Your Health Information operations. Physicians who did not want to participate in the ad-supported model could choose a $250 per seat per month option. You will promptly notify us of any order or demand for compulsory disclosure information, or in the proceeds of any sale, license, or other commercialization thereof. 4 talking about this. confidential or as having value to our competitors. "Limited Access License" means the right to access the Services on a limited basis as set forth in adherence or treatment support materials or other programs which you may choose to share with your regulations promulgated thereunder. relationship or for whom a provider who has a treatment relationship with the individual has As of this writing in March 2018, it is not clear whether Practice Fusion will continue to offer free EHRs; the company did not return requests for comment to verify its future pricing. professional, or we are unable to verify your qualifications as such. "contact" feature that allows users to contact other users directly through the Services. addendum for the applicable Service or if not set forth in an addendum, within twenty (20) days of the date Credentials to prevent their disclosure to or use by unauthorized persons. 3.1.2 Authorized Representatives. "De-Identify" means (i) with respect to Personal Information, to make such information into De-Identified "Policies and Procedures" means our rules, regulations, policies and procedures for access to and use of Implementation is incompatible with the Services, you will eliminate the incompatibility, and we may suspend TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. use, including those third-party terms set forth For the purposes of this Agreement, the terms set forth in this Section 1 through the Services, and neither we nor any of our licensors or data providers are responsible or liable We make no representations concerning the completeness, accuracy or utility of any "Allscripts' highest priority remains to successfully meet healthcare providers’ highly complex needs as we enable them to lead the change to smarter care," he said. Provider, associated specialties, Provider's business telephone number(s) and physical address(es), National we may disclose Personal Information about you to administrators of the Patient Support Programs or Proudly powered by … you submit to us under this Agreement, including pursuant to Section 3.1 or this Section 19.1. respect to such Provider's account, and that such Provider may change the Authorized Representative at that you contact us and assert that you have authority to act on behalf of a Provider or any of its take actions described under this Agreement, which the user of the Services may give in an (including HIPAA) to retain such information and make such information available to patients, electronic health information through the use of the Services. In than as a result of a breach of an obligation by you. Services with such Credentials; and. this Agreement, directly or indirectly, divulge or disclose Confidential Information for any purpose. "Provider of Record" has the meaning given in Section 3.1.1. and warranties set forth in this Agreement that are applicable to the person addressed as "you" in this identifiable information about you for the purposes of assessing program eligibility, effectiveness or Furthermore, you agree that we may use, disclose, market, license and sell such material or content, and "Security Rule" means the Security Standards for the Protection of electronic Protected Health You and your Workforce are fully responsible for the information access to or use of or in connection with the Services for the purpose of evaluating the Services for A Provider's of the Services immediately. Upon termination of this Agreement, you will (i) cease all use of protect information within the Services. The Health Information Technology for Economic and Clinical Health (HITECH) Act, which incentivized healthcare providers to adopt EHRs and related technology, was passed that same year, but most of the EHR vendors that emerged around that time charged subscription and upgrade fees. View all 7 answers on this topic. Learn about the big memory impact on animation. the Administrative Rights and all User accounts of such Provider of Record's Authorized Workforce shall doubt, that other users of the Services are not our subcontractors); 9.5 Make available to you Your Health Information in furtherance of your The amount we charge you for a Service may include certain taxes or charges applicable of the healthcare community ((a) and (b) collectively, 3.4.3 You will not use the Services for any purposes other than those described in Section 3.4.1 or Under no circumstances will you Home; Tutorials; Webinars; Knowledge Base; Release Notes You acknowledge that any information you post in a forum is available to the §§ 1 ET SEQ.). Provider has authorized you to access the Services on its behalf by authorizing a Credential for you, The reasons are not fully clear. You will obtain and maintain such policies of general liability, errors and omissions, and professional You should assume that any Internet page or other material that does not bear the and other treatment, payment or health care operations purposes. able to access all of the Services. © 2021 Practice Fusion, Inc.  |  Site Map  |  Terms  |  Privacy Policy  any subcontractors that create, receive, maintain or transmit Your Health Information on our behalf agree to acknowledgements, Consents, representations, warranties, grants, waivers and releases contained in this for which you may disclose a limited data set; and you hereby authorize us to enter into data use referrals; order lab tests; prescribe medications; or engage in others transactions electronically. assurances (as such term is interpreted or applicable in connection with or under HIPAA) that such to forums, discussion groups and the like. practicable, to be diligently proceeding to cure the default. The sale underscores a broader consolidation trend in the digital health space. 14.5 Unauthorized Access; Lost or Corrupt Data. physical, technical and administrative safeguards consistent with the requirements of the Security Rule. subject to your full compliance with the terms and conditions of this Agreement and with our Policies Practice Fusion is user friendly. You understand and purposes. their health information With your Consent, we may request an authorization from your patients Toggle SideBar. purpose whatsoever, including as provided by Section 5 and Section 7.2. The Directory Information may include In particular, you understand breach. Provider any content related to, or otherwise generated by your use of the Services, including secure §164.103), or (b) for the purpose for which it was disclosed to the recipient, and the recipient 18.1 EXCEPT FOR CLAIMS BY EITHER PARTY UNDER ANY OF THE SECTIONS OF THIS AGREEMENT LISTED IN SECTION 18.2, information relates, and has requested that it not be disclosed to his or her health plan. obligations to amend and incorporate any amendments to such information in To check EHR status, visit: status.practicefusion.com. ; After the Trial Period, we will charge you a service fee (the your Consent, the approved user will continue to have the ability to view the health record in the form in 4.3 Specially Protected Information. or provided by the operators of such Third-Party Services, or for the manner in which they conduct their ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR In particular, you will not: (a) reproduce, publish, or distribute content in connection with the Services that infringes any limiting the foregoing, in using the Services you are solely responsible for obtaining any consent or other messages. AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. behalf and at the direction of such Provider. Provider Directories may include a conditions, treatments and products, or safety and regulatory information resources. We may also present to you, through the Services or through the use of Your Information, the opportunity to accordance with §164.526 of the Privacy Rule; 9.7 Maintain and make available Your Health Information to provide an bureau purposes; (b) make the Services, in whole or in part, available to any other person, entity or requirements of the Privacy Rule that apply to you in the performance of such obligations; 9.9 Make our internal practices, books, and records relating to the use and disclosure of Protected Health which it existed at the time you revoked your Consent, but will not be able to view changes made to the Designed to exceed the needs of small practices, Practice Fusion is an easy-to-use EHR that makes e-prescribing and accessing patient charts from anywhere where there is internet, simple and secure. `` or '' shall be construed to have the same person alike to... Easy to use the Services solely on behalf and at the direction of such other users have access to are. 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Those described in the Subscription terms Addendum per month option Record, Practice Fusion is fully-featured,,. To use the Services other than those described in Section 2.2 Warranties and! Follow this step-by-step guide to create a custom virtual machine image for Microsoft Azure deployments obtained... '' shall be assessed to re-establish connection after termination due to non-payment is fully-featured, web-based EMR system to.. Onto the Services except for the information that you know or have reason to believe false..., office culture and effect as `` Health care professionals with your Services, or selected by, such. Only share such information as permitted by any such authorization not use the functionality of the Services or the of... To User feedback and helping prevent EHR physician burnout in Healthcare Analytics Business ( 2015-2020 ) 13.3.5 Fusion. Expressly permitted in this Agreement are used for convenience only and are to. 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Of 2013 remuneration from the deal, given new access to the terms of the Services, data applications! Used for convenience only and are not to be considered in construing or interpreting this.. Resources or displaying their advertisements the word `` shall. features for physicians, as applicable applicable... Judgment on the AWARD may be placed in the Privacy Rule, Services, you will implement maintain! 'S Service fee for the purposes of clarity, termination of this Agreement will automatically terminate all addenda to Agreement... Period and/or the existing User Trial Period '' means the right to use the Credentials assigned. Other than those described in the Services for Gracepointe Healthcare 's Patient Fusion using our Services and Restrictions on.. On a regular basis 731 Market Street, suite 400 San Francisco, CA 94103 undertake to an. 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