Statement of Participation – By accepting this agreement, I acknowledge that I am requesting access to portions of my electronic record and the ability to communicate with my St. Luke’s healthcare team concerning my electronic record via the Internet using an electronic application called MyChart. In addition, I understand that by signing this agreement, I will become a user of MyChart and agree to be bound by these terms and conditions (“Terms”). I will read these Terms carefully. If I do not agree to the Terms, then I understand that I should not sign this agreement or use MyChart. Pursuant to Idaho Code § 28-50-102 and Oregon Revised Statutes § 81.004, an “electronic record” is defined as a record created, generated, sent, communicated, received or stored by electronic means.
I understand that St. Luke’s has the right to and may revise the Terms at any time. By using MyChart, I agree to be bound by the then current form of the Terms. I acknowledge that it is my responsibility to review the Terms from time to time to ensure I understand the most current terms and conditions. St. Luke’s does not and will not assume any obligation to notify me of changes to the Terms.
Use of MyChart for Healthcare Services - I understand that MyChart should never be used in the case of an emergency. If I have an emergency, I will call 911 and/or proceed to the nearest emergency department. In addition, for all urgent matters that I believe may immediately affect my health or well-being, I will, without delay, contact St. Luke’s by phone, and/or go to the emergency department or dial 911.
I understand that my St. Luke’s healthcare team may send me messages via MyChart. These messages may contain information that is important to my health and medical care. It is my responsibility to monitor these messages. By entering my valid and functional email address I have enabled St. Luke’s to notify me of messages sent to my MyChart Inbox. I will update my email address on MyChart as needed. I agree not to hold St. Luke’s liable for any loss, injury or claims of any kind resulting from MyChart messages that I fail to read in a timely manner.
I agree not to use MyChart to (a) harass, stalk or bully another person; (b) post or transmit content or information that is offensive, hateful, threatening or defamatory, or that creates a risk to anyone’s privacy or safety; (c) upload or transmit unsolicited commercial messages, junk mail, pyramid schemes, chain letters or other similar materials or information, or viruses, worms or other malicious code; or (d) interfere with, circumvent, disable or attempt to interfere with, circumvent or disable MyChart, the proper working of MyChart, security features of MyChart, the equipment connected to MyChart or any service provided on or through MyChart.
MyChart ID and Password - I understand that I will create a unique identification (“ID”) code and password to be used to access my health information via MyChart. I understand that this ID and password are unique codes that identify me in the MyChart computer system. Inquiries and entries that I make via MyChart will be logged with my identity.
I understand that it is my responsibility to keep the ID and password that I use to access MyChart completely confidential and not to share the ID and password with anyone. I also understand that I will be solely responsible for all activities that occur using my ID and password. If at any time I feel that the confidentiality of my password has been compromised, I will change it by going to the Password link on the MyChart website. I further agree not to access anyone else’s MyChart account without proper and valid proxy authorization. I understand that St. Luke’s takes no responsibility for and disclaims any and all liability or consequential damages arising from a breach of medical record confidentiality resulting from my sharing or losing my password. If St. Luke’s discovers that I have inappropriately shared my password with another person, or that I have misused or abused my MyChart access privileges in any way, my participation in MyChart may be discontinued at the sole discretion of St. Luke’s.
Response to Electronic Communication - St. Luke’s will make its best effort to provide a timely response to electronic inquiries from MyChart. In some cases, the clinic staff that needs to respond to an electronic inquiry or other communication may not be immediately available so a MyChart patient, or authorized proxy, should allow at least two (2) business days for a response. Accordingly, emergency or urgent situations requiring immediate or prompt attention should not be submitted electronically.
Furthermore, with respect to any electronic communications that I send, I understand that St. Luke’s can only respond to such communications based on the information I provide. If there is insufficient information provided in my communications, St. Luke’s will be unable to provide an accurate and reliable response.
Disclaimer -I agree that I will use MyChart at my own risk. I UNDERSTAND THAT MYCHART DOES NOT WARRANT THAT MYCHART WILL BE AVAILABLE TO ME ALL OF THE TIME DUE TO SYSTEM FAILURES, BACK-UP PROCEDURES, MAINTENANCE OR OTHER CAUSES BEYOND THE CONTROL OF ST. LUKE’S. ACCESS IS PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS AND ST. LUKE’S DOES NOT WARRANT OR GUARANTEE THAT I WILL BE ABLE TO ACCESS MYCHART AT ANY PARTICULAR TIME.
I further agree that St. Luke’s does not warrant the accuracy, completeness, reliability, security or currency of MyChart or the information available on MyChart, and St. Luke’s does not warrant the reliability of, or guarantee or endorse any advice, opinion, statement, or other information displayed on or distributed through, MyChart. I understand that St. Luke’s takes no responsibility for and disclaims any and all liability arising from any inaccuracies or defects in software, communication lines, virtual private network, the Internet or my Internet service provider, access system, computer hardware or software, or any other service or device that I use to access MyChart. During times when MyChart is unavailable, I will use other communication methods (e.g., telephone) to communicate with St. Luke’s.
Intellectual Property Ownership and Licenses-I understand and agree that MyChart and all content provided on MyChart, such as text, graphics, logos, icons, tags, images, audio-visual works, videos, information, data, photographs, graphs, typefaces, music, sounds, features, software and other material (the “Materials”), is the property of St. Luke’s, its affiliates or its licensors and is protected by copyrights, trademarks, trade secrets, patents and other proprietary rights in all forms whether existing now or hereinafter developed. MyChart is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. § 101, et seq.) and international treaty provisions, and St. Luke’s, or its licensors, owns a copyright in the selection, coordination, arrangement and enhancement of the Materials, and in the look and feel of MyChart. All software used on MyChart is the property of St. Luke’s or its licensors and is protected by U.S. and international copyright laws. All trademarks, service marks, names and logos located on MyChart are the property of St. Luke’s or its licensors. My use of any mark, name or logo located on MyChart without express permission of St. Luke’s, or the trademark owner, is strictly prohibited.
I understand that St. Luke’s grants me a limited, revocable, nonexclusive, nontransferable, personal license to access and display the Materials on MyChart for personal, noncommercial use only, for the sole purpose of viewing the Materials and information provided on or through MyChart, and subject to and conditioned on my continued compliance with the terms and conditions in the Terms. This license is granted solely to allow me to use and enjoy MyChart as permitted by the Terms. I agree not to remove, alter or obscure any proprietary notices provided in or with the Materials. All rights not expressly granted in the Terms are reserved.
Proxy Access -Proxy access allows individuals 18 years or older to access the account of an individual who is a minor or an individual who has granted permission for such person to have access. Individuals requesting access to a MyChart account of someone else will only be granted access where the account holder has completed a Proxy Access Authorization Form allowing such access and upon demonstration of the legal right to access the account holder’s medical information. A parent’s or guardian’s access to a minor’s account will automatically expire when the minor reaches the age of 14. I understand proxy access is also governed by St. Luke’s Proxy Access Disclaimer, which is incorporated herein for all purposes.
Privacy and Security -St. Luke’s affords the same degree of confidentiality to medical information stored on MyChart as is given to medical information stored by St. Luke’s in any other medium. St. Luke’s is committed to protecting the confidentiality of this medical information. I understand that St. Luke’s will treat my medical information in accordance with the terms of its then current Notice of Privacy Practices located on St. Luke’s website, which is incorporated herein for all purposes. I agree to St. Luke’s use of my medical information in accordance with such Notice of Privacy Practices. I understand that due to medical safety reasons or state or federal law, medical providers may not be permitted to release certain information about HIV status, mental health, genetics or drug and alcohol abuse via MyChart, even though a patient may authorize its release. Information about these conditions and treatments, including results from tests, may be made available through other means where required and appropriate, such as but not limited to telephone, written and in-person communication. I understand that access to my health information is for my use only, and that I may call St. Luke’s for a more detailed explanation of laboratory test results received via MyChart.
St. Luke’s limits employees’ access and ability to enter or view information based upon their role in a patient’s care. Firewalls, passwords, encryption and audit trails are further used to safeguard medical information. St. Luke’s will identify the records released and note the time and date of access each time a user and/or proxy accesses MyChart. St. Luke’s has taken steps to make all information received from its online visitors as secure as possible against unauthorized access and use.
I understand that MyChart must be accessed with a Secure Sockets Layer (“SSL”) compatible browser or terminal (Netscape or Internet Explorer versions 3.0 or greater). St. Luke’s SSL web server uses authentication and offers the highest level of encryption technology commercially available (128-bit RC4).
I understand that I can tell when a website is secure by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document comes from a secure server. This means my data cannot be read or deciphered by unauthorized individuals. I understand that I can tell whether I am truly connected to St. Luke’s by viewing the digital certificate. This certificate verifies the connection between the St. Luke’s server’s public key and the server’s identification.
I understand that a MyChart application may be available for my phone and/or mobile device. If such an application is available I understand and accept that these applications are not provided or supported by St. Luke’s. I understand and accept that the use of such an application and my reliance on the security, operation, output, and/or results of the applications are at my sole risk and that the entire risk including but not limited to confidentiality, integrity, and availability of the applications performance is with me. I agree to hold harmless St. Luke’s from and against any liability, loss, costs, expenses, or damages that result from the use of such an application.
Email Privacy -I understand that notification messages regarding information in MyChart may be sent to my email address. Any person with access to this email account will be able to see this notification. This could include a patient’s spouse, employer or anyone else that can access the email account. Although no private medical information will be sent, the notification that new medical information is available by accessing MyChart may be information that a patient or a proxy would not want others to know. I will take this into account when providing an email address.
I also acknowledge that if I send St. Luke’s an email communication, it may be shared with the St. Luke’s staff that assists the physician in providing the patient’s medical care. A patient’s confidential medical information on MyChart will be accessible only to appropriate clinical staff.
My Representations and Warranties
By using MyChart, I represent and warrant that:
St. Luke’s Rights
St. Luke’s reserves the following rights:
I agree that the foregoing are rights of, but not obligations of, St. Luke’s and that St. Luke’s may, but is not obligated to, exercise any of these rights.
Waiver of Liability - To the maximum extent permitted by law, I agree not to hold St. Luke’s or any of its directors, employees, consultants or agents liable for any loss, injury or claims of any kind resulting from messages received in connection with or through MyChart. I understand that St. Luke’s takes no responsibility for and expressly disclaims any and all liability, including direct, consequential, indirect and punitive damages, arising from breach of health record confidentiality resulting from me sharing, not adequately protecting or losing my password.
Limitation of Liabilities -TO THE MAXIMUM EXTENT PERMITTED BY LAW, I AGREE THAT ST. LUKE’S AND ITS PROVIDERS SHALL NOT BE LIABLE TO ME OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR EXPENSE OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF INFORMATION, EMOTIONAL DAMAGE, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO (1) MY POSSESSION OR USE OF THE MATERIALS, CONTENT, PRODUCTS OR INFORMATION PROVIDED ON OR THROUGH MYCHART; (2) ANY OTHER PRODUCTS, SERVICES OR INFORMATION OFFERED, SOLD OR DISPLAYED ON OR THROUGH MYCHART; (3) MY USE OF, INABILITY TO USE OR RELIANCE ON MYCHART AND/OR THE MATERIALS; (4) ERRORS, MISTAKES OR INACCURACIES IN THE MATERIALS OR INFORMATION PROVIDED ON OR THROUGH MYCHART; (5) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE; (6) ANY UNAUTHORIZED ACCESS TO OR USE OF ST. LUKE’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION CONCERNING ME STORED THEREIN; (7) ANY INTERRUPTION OR CESSATION OF MYCHART OR TRANSMISSIONS TO OR FROM MYCHART (8) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH MYCHART BY ANY THIRD PARTY; OR (9) ANY DECISION MADE OR ACTION TAKEN BY ME OR ANYONE ELSE BASED UPON INFORMATION CONTAINED OR PROVIDED ON OR THROUGH MYCHART, REGARDLESS OF WHETHER ST. LUKE’S OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. MY SOLE REMEDY FOR DISSATISFACTION WITH MYCHART PROVIDED THROUGH OR ON MYCHART IS TO STOP USING MYCHART.
Termination -Without limiting its other remedies, St. Luke’s may issue a warning or temporarily suspend, indefinitely suspend or terminate the Terms and my access to MyChart and my account, or the account for which I am a proxy holder, if I fail to comply with any term or condition of the Terms. St. Luke’s may take such actions without providing me prior notice at its sole discretion. Upon such violation, I agree to terminate access to MyChart. Upon termination, those provisions of the Terms that expressly or by their nature survive will continue in full force and effect.
If I have any questions regarding the Terms, then I understand that I can contact St. Luke’s at: 208-381-9000.