CarePoint Medical Web Site Terms and Conditions
DISCLAIMER. THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CarePoint MEDICAL MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
EXCLUSION OF DAMAGES. IN NO EVENT SHALL CarePoint MEDICAL BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), EXEMPLARY, PUNITIVE, CONSEQUENTIAL (INCLUDING PERSONAL INJURY/WRONGFUL DEATH) OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS INTERNET SITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEB SITE, REGARDLESS OF WHETHER CarePoint MEDICAL HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
YOUR USE. You understand, acknowledge and agree to the following:
By using this Site, you agree not to disrupt or intercept our electronic information posted on this Site or any of our servers. You also agree not to attempt to circumvent any security features of our Site, and to abide by all applicable local, state, federal and international laws, rules and regulations.
INTELLECTUAL PROPERTY. The materials on this web site (“Information”) are the sole property of CarePoint Medical, except for information provided by third-party providers under contract to CarePoint Medical. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Site are used separate from accompanying text. CarePoint Medical is not responsible for content provided by third-party providers, and you are prohibited from distribution of such material without permission of the owner of the copyright therein. Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other proprietary right of CarePoint Medical.
MEDICAL DISCLAIMERS. CarePoint MEDICAL DOES NOT GIVE MEDICAL ADVICE, NOR DO WE PROVIDE MEDICAL OR DIAGNOSITC SERVICES. The materials on this Site are for your general educational information only. Information you read on this Site cannot replace the relationship that you have with your health care professional. CarePoint Medical does not practice medicine or provide medical services or advice and the information on this web site should not be considered medical advice. You should always talk to your health care professional for diagnosis and treatment. Your reliance upon content obtained by you at or through this Site is solely at your own risk.
Health information changes quickly. Therefore, it is always best to confirm information with your health care professional if you have questions regarding a medical condition. IN A MEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.
This Site contains information about products and therapies authorized in the United States, and is intended for a United States audience. If you live outside the U.S., you may see information on this web site about products or therapies that are not available or authorized in your country.
LIMITATION OF LIABILITY. You agree that neither CarePoint Medical nor any person or company associated with CarePoint Medical shall be liable for any damage resulting from your use or inability to use this web site or the materials on this web site. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers CarePoint Medical, its officers, directors, employees, agents, and suppliers mentioned on this web site. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption.
The total liability of CarePoint Medical, its officers, directors, employees, agents, suppliers, if any, for losses or damages shall be limited to the amount of your actual damages, not to exceed U.S. $ 100.00. The limit of liability may not be effective in some states. In no event shall CarePoint Medical, its officers, directors, employees, agents, or suppliers be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the web site or materials are excluded even if CarePoint Medical has been advised of the possibility of such damages.
OUTSIDE THE U.S. CarePoint Medical makes no claims that the Site is appropriate for access or use outside the U.S. Your access and/or use of our Site is at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
You agree that these Terms and Conditions describe the entire relationship between CarePoint Medical with respect to its subject matter. CarePointmedical.com was created and is operated under the laws of the State of Virginia. The laws of the State of Virginia will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to CarePointmedical.com or these Terms and Conditions more than one (1) year after such claim or cause of action arose.
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED OR DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
At CarePoint Medical, we are committed to using your health information responsibly and in compliance with the law. This Notice of Privacy Practices explains how we will meet the requirements of the Privacy Regulations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). This Notice is intended to help you understand how we collect, use and disclose your health information.
WHO MUST ABIDE BY THE NOTICE
All employees, staff and other personnel who provide services must abide by this Notice.
The people and organizations to which this Notice applies may be referred to as “CarePoint Medical,” “we,” “our” or “us.” We provide services and products to individuals throughout the United States. We may share your information with each other for the purposes of treatment and as necessary for payment and operations activities as described below.
UNDERSTANDING YOUR PROTECTED HEALTH INFORMATION
This Notice applies to your protected health information. When you receive medical supplies or care from a healthcare provider like CarePoint Medical, a record of that care is made. This record contains information on your diagnosis, treatment, medical supplies needed, prescriptions and future plan of treatment. This record is used to plan your care and to communicate with other healthcare providers about your care. Your health information is protected by HIPAA.
OUR LEGAL DUTIES
We are required by law to maintain the privacy of your health information. We are required to provide this Notice to any patient who asks for it. We are required to abide by the terms of this Notice until we adopt a new one. We are required to post our current Notice on our web site: www.CarePointmedical.com.
Although your health record is the physical property of CarePoint Medical, the information belongs to you. Under HIPAA, you have the following rights:
WE MAY USE AND DISCLOSE YOUR HEALTH INFORMATION IN THE FOLLOWING WAYS
CarePoint Medical is required to inform you of how we may use your health information. We may use your health information for a number of purposes, including treatment, payment and healthcare operations. For each purpose, we have written a brief explanation. In some cases we have also provided examples. These examples do not include all of the specific ways we may use or disclose information.
Service and Treatment - As it pertains to CarePoint Medical, treatment means providing you with medications, supplies and durable medical equipment services as ordered by your physician. Treatment also includes coordination and consultation with your physician and other healthcare providers. For example, we may share information with your physician or other healthcare providers to determine the best medical supplies for you. Your medical record will contain information about the services and supplies that CarePoint Medical provides to you.
Payment - We will use and disclose your information as necessary to obtain payment for the services and supplies we provide to you. For example, we may use your information to obtain reimbursement from your insurance carrier for the supplies and services ordered by your physician. Payment activities include, but are not limited to, eligibility determination, pre-certification, billing and collection activities, obtaining documentation required by your insurer, providing personal health information to your insurer and when applicable, disclosure of limited information to consumer reporting agencies.
Friends and Family - We may disclose to a family member, other relative, close personal friend or any other person identified by you, the health information directly relevant to such person's involvement with your care or payment related to your health care. We will not disclose to family or friends if you tell our Privacy Officer that you object.
Healthcare Operations - We may use or disclose your health information for activities that are needed to operate CarePoint Medical. Operations can include, but are not limited to, review of your health information by our healthcare staff to ensure compliance with all federal and state regulations. For example, information may be used to improve the quality and effectiveness of the services provided to you. Healthcare operations also include business planning and management, certain marketing activities and general administrative activities.
Information to Patients - We may use your health information to provide you with information about treatment options or other health-related services that we provide.
Required by Law or Law Enforcement - We may disclose your health information to others as required by law. This may include reporting information to government agencies that monitor the health care system. This also includes providing information to locate a suspect, fugitive, missing person or in connection with suspected criminal activity. We may also disclose information in response to court orders, subpoenas or other lawful requests.
Public Health and Oversight - We may disclose health information to agencies authorized by law to conduct health oversight activities, including audits, investigations, licensing and similar activities. We may also disclose information to the Food and Drug Administration related to adverse events with respect to food, supplements, product and product defects or post-marketing surveillance information to enable product recalls, repairs or replacement.
To Report Abuse - We may disclose health information when the information relates to a victim of abuse, neglect or domestic violence. For example, we may provide limited information to a social service or protective services agency acting to protect you. We will make this report only in accordance with laws that require or allow such reporting or with your permission.
Other Specialized Purposes - We may disclose your health information for a number of other specialized purposes. We will only disclose as much information as is necessary for the purpose. For instance, we may disclose your information to coroners, medical examiners and funeral directors. We may also disclose information for organ, eye or tissue donation or for national security, intelligence and protection of the president. We may disclose the health information of members of the armed forces as authorized by military command authorities. Under certain circumstances, we may disclose information to avert a serious threat or harm. We may disclose limited information about you to notify local agencies of your need for life sustaining equipment or assistance in evacuation due to your medical condition. For example the power, gas or phone company and emergency medical services in the event of an emergency such as a flood or hurricane. We may also disclose your health information to your employer for purposes of workers’ compensation and work site safety laws.
Business Associates - We may disclose health information to attorneys, accountants and others acting on behalf of CarePoint Medical. These individuals or entities are called Business Associates and they are asked to sign written contracts agreeing to safeguard the confidentiality of the information.
CHANGES TO THIS NOTICE
Please be advised that CarePoint Medical reserves the right to change the terms of its Notice of Privacy Practices and to make those changes applicable to all health information maintained at that time. Any new or revised Notices are available upon request or by visiting www.CarePointmedical.com.
FOR MORE INFORMATION, TO REPORT A PROBLEM OR FILE A COMPLAINT
If you think your privacy has been violated, you may also file a complaint with the Secretary of the Department of Health and Human Services. We will not retaliate against you for filing a complaint.