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TERMS AND CONDITIONS OF USE

Nemours is pleased to offer our patients access to portions of their medical records via a Web-based version of our electronic medical record called MyNemours. MyNemours is a free, secure internet portal that allows current Nemours patients and/or their legal guardians to view select areas of their electronic medical records currently maintained by Nemours, request appointments and send non-urgent medical questions. MyNemours also offers links to certain medical information related to the patient’s medical diagnosis and conditions available through Kidshealth.org. MyNemours is a courtesy service that Nemours makes available to patient families for their ongoing medical needs and is intended for their personal use and for non-urgent medical communication only.

We think it is important for you to know how Nemours handles information we communicate via the Internet. This Terms & Conditions statement outlines Nemours’ practices and our sensitivity to your right to privacy. It also outlines our expectations on how MyNemours will be used.

Limitations on Use
MyNemours should never be used in place of 911 or a phone call to your physician during an emergency. Please note the medical or health care information provided via MyNemours is not a replacement for proper medical attention. The portions of a patient’s electronic record visible through MyNemours are the property of The Nemours Foundation and do not represent the patient’s complete medical record. In addition, some medical information will not be available via MyNemours. Medical information available via the MyNemours service is solely intended for the patient and/or patient’s legal guardian(s) and is not intended as a method to transfer or provide medical records to other medical facilities or medical providers. Any requests for copies of medical records for the purpose of continuity of care should be directed to the Health Information Management Department of the Nemours site(s) where the patient has received treatment.

Response to Electronic Communication
MyNemours offers patients and their families the opportunity to submit general healthcare questions regarding the Nemours patient’s medical condition via email. If you submit a question to a Nemours healthcare provider via MyNemours, appropriate Nemours staff will use their best efforts to provide a timely response within approximately three (3) business days. MyNemours users should not submit questions related to an acute or emergent medical situation via MyNemours; rather they should make a phone call to their healthcare provider or visit an emergency room for emergency treatment.

Nemours staff will respond to questions received via MyNemours based solely on the information provided by the patient or their legal guardian. If there is insufficient information provided, Nemours will be unable to provide an appropriate response. Nemours will assume that all communications submitted via MyNemours are in regard to the enrolled patient's health condition. Asking for healthcare advice on the behalf of another person could potentially be harmful. All communications through MyNemours will be saved as a permanent part of the patient's medical record. Nemours does not assume any responsibility for health information or services used by persons other than the MyNemours user. Your use of MyNemours represents your acceptance of electronic communication from Nemours, and you are encouraged to discuss any complex medical issues directly (whether on the phone or in person) with your treating healthcare providers. Further, if you do not understand any electronic communication received via MyNemours related to a patient’s medical condition, you should contact the patient’s healthcare provider directly to clarify the information received. You understand that Nemours is not responsible for any loss, injury or claims of any kind resulting from misuse of MyNemours communications, or for responses based on incomplete or inaccurate information submitted by the patient via MyNemours.

E-mail Privacy
Information you send via MyNemours may be shared with the Nemours staff assisting the physician in providing the patient’s medical care. Patient's confidential medical information on MyNemours will be accessible only to appropriate personnel in accordance with HIPAA, HITECH, privacy and security policies.

MyNemours users will be notified via e-mail when there is new medical information available regarding the patient on MyNemours. This means that any person with access to a patient’s e-mail will be able to see this notification. Although no private medical information will be sent via e-mail, the notification that new medical information is available by accessing MyNemours may be information that you would not want others to know. Thus, you should be aware of this notification feature when providing Nemours an e-mail address.

Security and Confidentiality
Nemours adheres to all applicable federal and state laws regarding the confidentiality of patients’ medical records, including the Health Insurance Portability and Accountability Act (HIPAA). We afford the same degree of confidentiality to medical information stored in our electronic medical record as is given to medical information stored in any other medium. Nemours is committed to protecting the confidentiality of your medical information. Firewalls, passwords, encryption, and audit trails are further used to safeguard patient information. Nemours shall identify the records released and note the time and date of access each time an enrolled user accesses MyNemours. If Nemours discovers that a MyNemours user has inappropriately shared a password with another person, or that the system privileges have been misused or abused in any way, that patient’s access MyNemours will be discontinued without further notice, and Nemours will take appropriate legal steps to remedy such security breach. MyNemours information and communication is for the personal use of Nemours patients and families only, and such information may not be copied or transmitted for any other purpose, including but not limited to email, social media sites, blogs, message boards or any other web applications.

Computer Capability Required for Access
Nemours has taken steps to protect all information received from enrolled MyNemours users against unauthorized access and use. For other than general information viewing, MyNemours must be accessed with a Secure Sockets Layer (SSL) compatible browser or terminal (Netscape or Internet Explorer versions 5.0 or greater). Our SSL web server uses authentication and offers the highest level of encryption technology commercially available (128-bit RC4). Secure access can be confirmed 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 your data cannot be read or deciphered by unauthorized individuals.

User names and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As a MyNemours user, your role in maintaining the security of your medical information is: 1) Changing your password on a regular basis, 2) Keeping your login ID and password confidential; and 3) Ensuring any information printed or stored on your computer is secure. Nemours is not responsible or liable for disclosures of medical information obtained through unauthorized use of a MyNemours user’s password or the sharing of this information with individuals not legally authorized to view a patient’s medical information. It is your responsibility to safeguard your password so that the patient's medical information remains confidential. Each individual approved for MyNemours access will receive their own individual login and password, even if multiple users reside together.

MyNemours Availability
MyNemours may not be available to you at all times due to system failures, procedures, maintenance or other causes beyond the control of Nemours. Access is provided as an "as-is, as-available" basis and Nemours cannot guarantee that users will be able to access MyNemours at all times. If MyNemours is unavailable, other communication methods (e.g., telephone) should be used to communicate questions or obtain information regarding their medical care or condition.

Parents/Legal Guardian Access
A Nemours’ patient’s legal parents or guardians may request access to their child’s MyNemours account. Nemours cannot grant access to MyNemours to any individual who is not the legal parent or legal guardian of a child, even if that individual is the primary caregiver for the child (this may apply to stepparents, grandparents, etc.). Nemours reserves the right to collect, examine or make copies of any information it considers necessary to determine the legal parents and/or legal guardianship of a patient. Patients ages 12-17 may have the legal right to consent to certain types of medical treatment themselves, without the necessity of parental or guardian consent. While parents and legal guardians will always have the right to request copies of complete medical records for their children as permitted by law, Nemours respects the rights of these adolescents to confidentiality regarding their medical care. Therefore we ask that patients ages 12-17 complete a form indicating their assent to Nemours granting their parents/legal guardians access to viewing the medication portion of their medical information online via MyNemours. This access can be revoked at any time the adolescent patient requests. Parent/Legal Guardian access will be terminated when the patient turns 18 years old.

Nemours reserves the right to revoke a MyNemours user’s access at any time for any reason. You can choose to disenroll from your use of MyNemours at anytime by sending an online request to mynemours@nemours.org or calling 1-877-696-3668 (1-877-MYNEMOURS). In addition, a user's access to MyNemours will be terminated if Nemours determines, in its sole discretion, that a user has misused the system, inappropriately accessed or disclosed confidential patient information, violated any applicable terms of use, or used the system for purposes other than those for which it is intended.

Nemours may modify this Terms and Conditions Statement and/or the User Agreements at any time.