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Apogee Physicians™ Provider Portal Terms and Conditions of Use

Thank you for registering to access and use this Provider Portal.

“You” herein refers to the physician or Nurse Practitioner who is treating an Apogee Physicians’ patient. The patient’s discharge ends Apogee Physicians’ care of each patient.

Importantly, please note that Apogee Physicians does not own or maintain your patient’s entire designated record set. The medical records in this Portal are the hospital’s property, and the hospital has the entire designated record set for each hospitalization. To obtain the entire designated record set of medical records, you must access or contact Thank you for registering to the hospital’s medical records office.

Your Agreement to these Terms of Use.

By registering with and accessing this Portal, You agree to these Terms and Conditions of Use (“Terms of Use”). Specifically, creating a username and password and clicking “Yes” each time You access this Portal confirms that You understand and agree to these Terms of Use. Your access to this Portal is subject to and conditional upon these Terms of Use.

Disclosure of Patient Information is for Treatment and Healthcare Operations Only.

Access to protected health information is provided to You as a medical provider for your treatment of an Apogee Physicians’ patient and for healthcare operations purposes only. With respect to your use and disclosure of protected health information, You are responsible for compliance with applicable HIPAA Privacy and Security Rules, and applicable federal and state laws.

Portal Access and Security

You may access and use this Portal solely in connection with treatment of your patient and your related healthcare operations. You may not use any device, software, routine, or agent to interfere or attempt to interfere with the proper working of this Portal. You may not take any action, which imposes an unreasonable or disproportionately large load on this Portal or infrastructure. You may not disclose or share your password to or with third parties, or use your password, or allow your password to be used, for any unauthorized purpose. You shall take reasonable precautions to secure your password from any unauthorized use. You may not attempt to log in with a username or password other than your own. Continuous, uninterrupted access to the service is not guaranteed. Numerous actions beyond our control may interfere with the service.

Use of Portal and Content Ownership

All content included on this Portal is and shall continue to be the property of Apogee Physicians and is protected under applicable copyright, patent, trademark, and other proprietary rights. Apogee Physicians grants You a personal, nontransferable, nonexclusive, revocable, limited license (the “License”) to view the content on this Portal, subject to these Terms of Use and applicable privacy and security laws.

No ownership interest is transferred to You or any user of this Portal through the granting of the License. Unauthorized use of this Portal may result in a violation of this License, and may violation copyright, trademark, and other laws.

Intended Audience. This Portal is intended to be used by licensed healthcare professionals for the treatment of patients. This portal is not intended to be used by patients, family, employers, non-healthcare professionals, government agents, or any users for whom access or use of the Portal or information made available on this Portal would be inappropriate. This Portal is not intended for any use outside the treatment of current patients. This portal is intended for adult use only and not intended for any children under the age of 18.

Health Insurance Portability and Accountability Act’s Privacy and Security Requirements and Other Applicable Laws

As stated above, You are required to comply with all applicable federal law regarding the protection, security, and confidentiality of Protected Health Information (PHI). The Health Insurance Portability and Accountability Act (HIPAA) allows for electronic PHI (e-PHI) to be sent over an electronic open network if it is adequately protected. E-PHI is prohibited from being made available or disclosed to unauthorized persons or uses.

User agrees to comply with the requirements set forth in the HIPAA Privacy Rules at 45 CFR Part 160 and Subparts A and E of Part 164, and the Security Rules at 45 CFR Part 160 and Subparts A and C of Part 164.

User warrants that the information contained herein will be downloaded only to systems with encryption that meets the U.S. Department of Health and Human Services Guidance Specifying the Technologies and Methodologies that Render Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals for Purposes of the Breach Notification Requirements under Section 13402 of HITECH Act. With respect to other information and data, such references mean the process of transforming information (referred to as plaintext) using an algorithm (cipher) to make the information unreadable except to those possessing special knowledge, usually referred to as a key, and encryption must meet or exceed standards, guidelines and best practices issued by the National Institute of Standards and Technology (NIST), as in effect from time to time.

Without limiting the foregoing: (i) User shall employ technology that is at least consistent with industry standards for firewalls and other security technology to help prevent User’s computers and systems from being accessed by unauthorized persons; (ii) User shall use the HTTPS standard for all data transmissions, and shall ensure that all PHI is Encrypted while in transmission between User's data center and Apogee's computer system or other device (as applicable) using TLS 1.0 network communications security protocol or greater if available; (iii) User shall provide and maintain the ability to transfer files via secure FTP, Encrypted email, or HTTPS; (iv) for Customer Data at rest, User shall employ an Encryption algorithm specified in NIST SP 800-111; and (v) User shall provide and maintain Encrypted passwords for access to User’s systems.

HIPAA permits health care providers to disclose PHI about an individual, without the individual’s authorization under certain circumstances including:

Disclosure to another healthcare provider for that provider’s treatment of the patient
Disclosure to another health care provider in consultation about the patient’s treatment
Disclosure necessary for payment purposes
Disclosure to a covered entity for certain health care operations of that entity
Disclosure to another health care provider for the purpose of treating another patient (with the exception of psychotherapy notes)

User agrees not to use or further disclose the PHI accessed herein other than as may be expressly permitted or required by this agreement or as Required by Law. User shall not use PHI for its personal business benefit or internal use, disclose, distribute, sell, market, aggregate, assess, evaluate, or commercialize data, create derivative works or applications using PHI or otherwise use PHI in any manner not expressly permitted in this agreement or permitted in writing by Apogee.

Patients have the right to request additional restrictions on the use or disclosure of PHI. If a provider has agreed to the requested restriction, then they are bound by that agreement and (except in emergency treatment situations) are not permitted to share the PHI.

Limitations of Liability

NO LIABILITY. APOGEE PHYSICIANS, AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING ITS DIRECTORS, OFFICERS, AND AGENTS, WILL IN NO EVENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, AND LOST PROFIT DAMAGES, INCLUDING BUSINESS INTERRUPTION AND LOSS OF DATA, IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PORTAL OR ITS CONTENT, EVEN IF WE ARE EXPRESSLY AWARE AND ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, AND/OR OTHER LEGAL THEORY.

NO WARRANTY. THIS PORTAL AND ITS CONTENT IS PROVIDED TO YOU ON AN “AS IS,” AS AVAILABLE” BASIS. THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ALL THIRD PARTIES ASSOCIATED WITH THE HOSTING AND PROVIDING OF CONTENT FOR THIS PORTAL, HEREBY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY EXPRESS, IMPLIED OR OTHERWISE; NOT INCLUDING THE WARANTIED OF MERCHANTABILITY, NONINFRINGMENT OF THIRD PARTIES, AND FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PORTAL AND/OR CONTENT IS TO CEASE ALL OF YOUR PORTAL USE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE PORTAL SHALL BE TO DISCONTINUE USING THE PORTAL

Apogee Physicians cannot guarantee the accuracy of any information available on the Portal. The Portal is a platform for hosting information generated and uploaded by individual users. It is the responsibility of the user, in their capacity as a healthcare provider, to use professional judgment when evaluating the accuracy and usefulness of any information on the Portal. Any treatment or diagnostic choices made by the user, whether informed by their use of the Portal or not, is the sole judgment and responsibility of said user. Apogee Physicians is not a healthcare provider and cannot make professional healthcare decisions.

Indemnification

You agree to indemnify, defend, and hold Apogee Physicians and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, caused by your violation of these Terms of Use or applicable Privacy and Security laws.

Severability

If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

Relationship of the Parties

Nothing contained in these Terms of Use or your use of the Portal shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

Termination

Apogee Physicians may terminate this Agreement at any time, with or without notice, for any reason.

Applicable Law

You agree that the laws of the State of Arizona without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between you and Apogee Physicians or its affiliates.

Changes to the Portal or these Terms of Use

Apogee Physicians may make written changes to the Portal or these Terms of Use, or any other policies or conditions that govern the use of this Portal at any time. You should review these terms and conditions for any updates or changes. Your continued maintenance of a valid username and login credentials, and/or continued access or use of the Portal shall be deemed notice to You and your acceptance of these changes.

Contact Us

Please contact us if you have any questions regarding these Terms or the use:
support@apogeephysicians.com

Apogee Physicians™ is a trade name. Apogee Medical Management, Inc. provides management and administrative services. Each of the Apogee Medical Groups is separately organized and is operating in its home state with its own licensed medical professionals delivering patient care bedside.