Geisinger Clinic and its affliated hospitals, clinics, and health plans (collectively referred to herein as "Geisinger," "us," "our," and "we") are pleased to provide you with the MyChart Patient Portal.
Terms and Conditions
Your use of our patient portal, which includes MyChart, MyChart Bedside, and others (collectively referred to as the "Portal" or the "Patient Portal"), is subject to the following Terms and Conditions. By signing up for or using the Portal, you agree to these Terms and Conditions.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, WAIVES YOUR RIGHT TO TRIAL BY JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS SET OUT IN MORE DETAIL BELOW.
The Terms and Conditions are subject to change at Geisinger's sole discretion without prior notice to you. Any changes made are effective upon posting. It is your responsibility to review these Terms and Conditions because you will be bound by any changes made.
What is Patient Portal Medical Record Access?
Patient Portal Medical Record Access comprises Internet and related applications that enable patients and/or their personal (legal) representative (as applicable) to have web-based access to portions of their electronic medical records and billing records and allow convenient communications with your care providers for non-urgent messages. Use of these services is optional. Your login name and password or personal identification number (known as a "PIN") is essential to accessing your information. It is your responsibility to keep your password or PIN confidential. Your password or PIN are only known by you and you can change them online at any time. You should not share your password or PIN with anyone. Geisinger will not use or access your password or PIN.
Messaging Rules
The Portal uses secure electronic messaging as the standard method of communication. This allows you to communicate directly with your care team.
The following rules apply to all messages sent through the Patient Portal:
Communication Service
The Portal is a communication service offered as a convenience to you and is provided "as is" with no warranties or representations of any kind including but not limited to its fitness for a particular purpose.
Discontinuing Use of Patient Portal Medical Record Access
Governance
Except as set out in the Dispute Resolution Section below, this Agreement, your access to the Patient Portal, as well as any dispute between you and Geisinger related to the Patient Portal shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts-of-laws principles.
Use of Third Party Applications and Software
You may have the option of accessing your portions of your electronic medical record using third party applications and software. These applications communicate with our electronic systems using an industry standard application programming interface (API). Use of these services involves providing your user name and password to the application or software.
Important notice to patients who are not Residents of the United States
CONSENT TO PROCESSING YOUR INFORMATION IN THE UNITED STATES
The "covered entities" (as such term is defined in the Health Insurance Portability and Accountability Act) of Geisinger only provide services in the United States. United States laws and regulations that govern the privacy and security of patient healthcare information apply, as well as consumer protection laws and regulations of the United States and its individual states, as applicable. If you are a citizen or resident of a different country, the data protection laws of your country may differ as to how your personal information is protected. We want you to understand that when you provide your personal information to us, or direct your healthcare provider to provide your information to us, your personal information will be transmitted to and processed in the United States. In doing that, you will be giving the covered entities of Geisinger your consent to process your information in the United States, in accordance with United States law, for our legitimate purpose in fulfilling your request or addressing your healthcare needs.
If you would like information about how the covered entities of Geisinger process your personal information, please address your request to our System Privacy Officer at 570-271-7360 or at systemprivacyoffice@geisinger.edu. We will respond to your request in accordance with applicable US laws.
Consent to sharing third party information.
In some instances, we have affiliations with other healthcare providers who may also be involved in your care, or the care of the patient whose Patient Portal you are accessing. This allows the Geisinger medical team and the affiliated healthcare providers to coordinate medical care using the shared healthcare information posted to the Patient Portal. By using the Patient Portal, you understand that your Geisinger medical team may see your appointments at the affiliated healthcare providers and you consent to the sharing of this information in a manner that is consistent with our Notice of Privacy Practices. If you would like a copy of the Geisinger Notice of Privacy Practices, please contact:
System Privacy Office
MC 40-38
100 N. Academy Ave.
Danville, PA 17822
570-271-7360
systemprivacyoffice@geisinger.edu
WARRANTY DISCLAIMER
YOU UNDERSTAND AND AGREE THAT WE DO NOT PROVIDE ANY WARRANTY WITH RESPECT TO THE PATIENT PORTAL. INSTEAD, YOU AGREE THAT THE PATIENT PORTAL IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AS WELL AS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PORTAL. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PORTAL. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GEISINGER OR GEISINGER’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
WAIVER, RELEASE AND LIMITATION OF LIABILITY
IN ADDITION, YOU AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER GEISINGER, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE PORTAL OR ANY RELATED APPLICATIONS. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST GEISINGER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE PORTAL.
TO THE FULLEST EXTENT ALLOWED BY LAW, GEISINGER AND ITS AFFILIATES, SUPPLIERS, AND OTHER THIRD PARTIES MENTIONED ON THE PORTAL ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PORTAL IS TO STOP USING THE PORTAL, WHICH IS OPTIONAL AND NOT MANDATORY.
Entire Agreement; Modification
These Terms and Conditions constitute the entire agreement between Geisinger and you pertaining to the subject matter hereof. In its sole discretion, Geisinger may from time to time revise these Terms and Conditions by updating this posting, and the revised Terms and Conditions will be effective immediately upon posting. You should review these Terms and Conditions when you use the Portal. In the event of substantive changes, you may be prompted to review the Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located in the Portal. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions.
DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE PROCEDURES BY WHICH YOU AND GEISINGER CAN SEEK RELIEF.
Agreement to Arbitrate and Jury Waiver. You and Geisinger mutually agree to resolve Disputes (as defined below) with Geisinger in arbitration, as set forth in more detail below. Both you and Geisinger waive the right to a jury trial on any Disputes, to the fullest extent of the law. The word "Disputes" means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the Portal, these Terms and Conditions, and any other Geisinger websites, mobile applications, or other digital or online services, including any past, currently pending, existing, or future Disputes of any kind. "Disputes" do not include, and this arbitration and class waiver provision does not apply to, claims by or against Geisinger employees related to the terms or conditions of their employment, claims by Geisinger patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to a patient's medical care at Geisinger or by a Geisinger provider, individual actions brought in small claims court for disputes fully within the scope of such court's jurisdiction, or claims in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
Class Action Waiver. To the maximum extent allowed by applicable law, you and Geisinger agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and Geisinger each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. The arbitrator may not join or consolidate more than one person's claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Pre-Arbitration Notice and Good Faith Negotiations. You and Geisinger also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by Geisinger will be sent to you at your last known street and email addresses on file, and notice by you to Geisinger will be sent by mail to Geisinger's Legal Department, 100 N. Academy Avenue, Danville, PA 17822-4031, Attn: Chief Legal Officer. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the Sites, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a Geisinger employee, as applicable, depending on which party is initiating the Dispute. You and Geisinger then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the Dispute is noticed to the other side until the expiration of this thirty (30)-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.
Arbitration Procedures. To make arbitration as cost-efficient for the parties as possible, the parties agree to initiate any arbitration without using an arbitration service provider or administrator and to instead serve directly on the other party a written arbitration demand setting forth the relevant facts and claims. The demand will be specific and individual to you and include the information and signature set out in the Pre-Arbitration Notice provision above. The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above. The arbitrator will be selected through mutual agreement of the parties, and the arbitrator will be a licensed attorney or a retired judge. The parties may use an arbitrator from the lists of court-approved neutrals listed on the website for the U.S. District Court for the Middle District of Pennsylvania (linked here) or another mutually agreed-upon arbitrator, and the court will appoint an arbitrator under 9 U.S.C. § 5, if the parties cannot agree. The arbitration will be conducted in Montour County, Pennsylvania; your county of residence; or another mutually agreed location, and the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration. Any documents exchanged will not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Unless otherwise prohibited by law, all arbitration proceedings will be confidential to Geisinger and you, and closed to the public and anyone not a party to the proceeding. The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these Terms of Use. Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or Geisinger and only to the extent necessary to provide the relief warranted by your or Geisinger's individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Except as modified by these terms, the parties agree to conduct their arbitration pursuant to the JAMS General Arbitration Rules and Procedures, available here.
Arbitration Fees. The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for the Middle District of Pennsylvania. For individual damages claims with less than $25,000 at issue, Geisinger will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties' good faith negotiation of reasonable fees with the arbitration provider is authorized as needed. If the arbitrator determines that your or our claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse the other party for any amounts that other party paid for the arbitration.
Federal Arbitration Act. These Terms of Use affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
Forum Selection. For any dispute not subject to arbitration, you and Geisinger agree to proceed in state and federal courts covering Montour County, Pennsylvania, and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts. If Geisinger does not enforce any rights under these Terms of Use at any point, it will not be deemed a waiver of any provision or right under these Terms of Use.