Privacy Policy

TERMS AND CONDITIONS OF USE (“TERMS OF USE”)

Welcome to HospiceMD.com. You are currently viewing a page of the hospicemd.com website or a related website (the “Site”) belonging to HospiceMD, Inc. and/or its affiliates (“HospiceMD”) which provides website features and services to you when you visit HospiceMD.com, use HospiceMD services on desktops or mobile devices (“HospiceMD Services”). HospiceMD (or "us," "We," "we," "Our," or "our") maintains this site on the Internet (the "Site") as a service for hospices, hospice care providers, and hospice health care professionals.  HospiceMD requires that all the visitors to our Site adhere to the following conditions.  By accessing the Site, you indicate your acknowledgment and acceptance of these Terms of Use ("Terms").  Please read them carefully.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

DEFINITIONS

“you” = the entity, its affiliates, parents and subsidiaries.

"Terms" = Terms of use + any Additional Terms, , and other terms, conditions, and policies incorporated by reference.

“Additional Terms” = The Services may have additional or different terms and conditions, such as end user license agreements, or other agreements or terms, that apply to your access or use of HospiceMD and related services.

“Services” = all HospiceMD products, services and offerings available from HospiceMD, including but not limited to the use of HospiceMD’s websites or networks (the “Site”), and any Content available through, with, or related to the Services.

“Content” = includes, but is not limited to, any HospiceMD API, documentation, data (including PHI), scripts, algorithms, applications, insights, results, outputs, reports, code, software, and other materials or information.

The contents of the Site including its text, source code, software, graphics, images, music, sound, logos, button icons, photographs, video, editorial content, notices, overall appearance, functionality, overall content and other material — are protected under United States copyright and/or other intellectual property laws.  The contents belong to HospiceMD, its affiliates, or to others as indicated.  You agree that the Site is the exclusive property of HospiceMD, its affiliates, or others as indicated, and you agree that the Site is proprietary and confidential. 

The Site may be used for the sole purpose as agreed to via your Software Service Agreement.

The information and materials contained in the Site may not be copied, displayed, conveyed, communicated, reverse engineered, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, supplemented, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes without the express written permission of HospiceMD.  You agree to protect the information and materials accessed through the Site from unauthorized disclosure and use.  This confidentiality obligation will survive the termination of your use of the Site.  Pursuant to the Digital Millennium Copyright Act, you agree to report any claims of copyright infringement on or through the Site to us at:  HospiceMD, Inc., Attn: President, 100 N. Citrus Street, Suite 225, West Covina, CA 91791.  You agree that your use of the Site may be terminated for infringing any copyrighted material on or through the Site.

The Site may contain links to websites controlled or offered by third parties. HospiceMD hereby disclaims liability for any other company’s website content, security or policies.

If you have good faith reason to believe that content available on a HospiceMD site infringes upon your copyright, you (or your agent) may send written notice to us to remove the content or block access to it.

Your right to use the Site is personal to you.  If we give you the authority to create assign user accounts for the Site, you agree to assign such only to users who have a need to access the Site.  You agree to ensure that users with id’s and passwords will not share such with any other persons, and you are responsible for maintaining the confidentiality of your user id’s and passwords and for any and all activities that occur under your passwords or accounts.  You agree that HospiceMD may terminate your password(s), account(s) and your use of the Site in our sole discretion for any reason. You agree to notify us of any unauthorized use or disclosure of your account or any other breach of security known to you.  You agree to counsel and instruct your employees and contractors not to disclose to unauthorized persons any individually identifiable information with respect to any person or entity to which you or your employees have access as a result of your work with the records obtained through the Site.  You agree to reasonably instruct and train your employees on the proper use and care of the Site.  You will be solely responsible for your actions and the contents of your transmissions through the Site and your use of any correspondence or other forms provided by the Site or by us.  You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes the Site or use of or access to the Site or any information or technology obtained from the Site.

If you have an account with HospiceMD or are set up as an account user, you agree that your account will be created using accurate, true, current and complete information about you and your business as requested by the account set up or registration set screens. The registration information that you provide will be protected according to our privacy policy.

If you are using this Site to store patient health information (or “PHI”), you agree that you are responsible for taking the steps necessary to protect the confidentiality, integrity, and availability of health information you provide in compliance with all federal, state and local rules and regulations. You agree that you will enter information that is true and correct.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or the content contained herein without our prior express written permission.  You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on our Site. You agree to take feasible steps to prevent transmission over the Site of any virus or other software routine designed or likely to permit unauthorized access to the Site or to disable, erase or otherwise harm any software, hardware or data accessible over the Site.

You agree to abide by all applicable local, state, national and international laws and regulations and all of Our rules, policies and procedures, including those set forth in any service agreements or end user license agreements, in your use of the Site.  Our Site is available only to individuals who are permitted to use it under applicable law.  If you do not qualify, please do not use our Site. 

You agree that all access and use of the Site and its contents is at your own risk.  BY USING THE SITE, YOU ACKNOWLEDGE THAT HOSPICEMD SPECIFICALLY DISCLAIMS ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, ACTUAL, INDIRECT, INCIDENTAL, COMMON LAW, STATUTORY, REGULATORY, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY, LOST PROFITS, LOST SAVINGS, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY ASSOCIATED WITH ANY VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT.  THIS SITE, INCLUDING ALL CONTENT, SERVICES, FUNCTIONS, HYPERTEXT LINKS, AND OTHER INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE, IS PROVIDED "AS IS," AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

You will reimburse us for all losses, damages, costs and expenses (including court costs and reasonable legal fees) caused by the negligence or willful misconduct of you or your employees, contractors or agents including, but not limited to, failure to maintain confidentiality of personal information, the sending of any personal information over the Internet without encryption or without other appropriate security protections, or breach of any agreement, representation, warranty or covenant herein.  YOU WILL BE LIABLE AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HOSPICEMD AND EACH OF ITS AFFILIATES, PARENTS, OWNERS, SUBSIDIARIES, MEMBERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (THE “INDEMNITEES”) FROM AND AGAINST ANY AND ALL CLAIMS OF LIABILITY, OBLIGATION, LOSS, DAMAGE, DEMAND, COST, EXPENSE, OR DISBURSEMENT (INCLUDING COURT COSTS AND REASONABLE LEGAL FEES) OF THE INDEMNITEES, ARISING OUT OF OR RESULTING FROM ANY ACT OR OMISSION RELATED TO YOUR USE OF THE SITE. 

On this Site you may find links that will transfer you to the site of an organization that can provide you with value-added information and/or functionality.  By linking to these sites, HospiceMD does not represent or imply that there is any business relationship between us and these organizations.  HospiceMD is not responsible for the content and performance of these sites or for your transactions with them.  Furthermore, we strive to keep these links as current and accurate as possible, but we cannot guarantee and we expressly do not warrant that they point to the intended third-party site.  Links to and from this Site do not constitute an endorsement by HospiceMD.

On this Site, you may be accessing and reviewing data provided by eSolutions, Inc. with respect to specific patient Medicare eligibility by submitting an inquiry to eSolutions, Inc.’s web-based Medicare Eligibility Verification site.  By submitting this inquiry to eSolutions, Inc., you are certifying that you are either a hospice provider or hospice care professional (or are acting on behalf of a hospice provider or hospice care professional) with authority from your institution to view information on eSolutions, Inc., and that the information you access relates only to a patient who has given you authorization to access and review such data.  Use of eSolution, Inc.’s Medicare Eligibility Verification service or site in violation of this certification constitutes misrepresentation and will be considered a fraudulent act.  In all cases, by submitting this inquiry to eSolutions, you are acknowledging that the information displayed to you relates to a patient that is associated with the social security number you provided and that timeliness and accuracy of the information is the responsibility of the individual data provider.  HopsiceMD is not responsible for the content and performance of the data provided to you by eSolutions, Inc.

The Site provides you with the capability to review, perform and/or complete certain functions related to hospice provider administration.  You represent and warrant that the information you furnish in connection with your use of the Site is accurate, complete and current to the best of your knowledge and belief, and meets all requirements of all applicable laws and regulations.  You agree not to make any adjustment or modification to the Site without our prior approval. You agree that, by your electronic transmission of patient information via the Site, you are making any and all certifications required by applicable laws, regulations or our requirements, and that such electronic certifications have the same force and effect as manually signed certifications.  You further agree to use the Site only for purposes authorized by us.

You agree that if you are using this Site for the creation of patient health records, that it is your responsibility to create health records in accordance with applicable local, state and federal rules and regulations. The creation of these health records requires medical knowledge and familiarity with the specific clinical patient served by user. HospiceMD and the use of this Site should not be used for compliance, legal, clinical or medical advice in the creation of patient health records and the rules and regulations governing health care provider services.

If you are accessing the Site as a representative, employee, agent or contractor of a distinct corporate or other legal entity, you represent and warrant that you have the requisite authority to accept the Terms on behalf of such entity, and “you” shall be deemed to include such entity throughout these Terms.  You represent and warrant that you (i) have the corporate power to accept the Terms and perform your obligations hereunder, (ii) the acceptance of the Terms by use of the Site creates a legal, valid and binding agreement between you, us and our affiliates, enforceable against you in accordance with the terms hereof, and (iii) the acceptance of the Terms and performance of your obligations hereunder will not violate any of your corporate governance documents or any agreement to which you are a party or any applicable law.

You agree to take necessary steps to adequately document, store and duplicate all of your files and data.  HospiceMD will not be responsible for the cost of reconstructing files or data lost or destroyed.  You agree that, despite our reasonable security measures, we cannot guarantee that electronic communications over the Internet will be completely secure.  HospiceMD’s System Requirements are posted on this Site.  By using this Site, you acknowledge these System Requirements and agree that HospiceMD is not responsible for your failure to abide by these System Requirements.  You are responsible for acquiring, installing and maintaining any products (such as equipment, software and communication line access) furnished by third party suppliers that are necessary to access this Site.  We will provide reasonable assistance according to our then current policies and procedures.

During your use of this Site or our Services, you may provide us with feedback regarding the Services. If you do provide us with feedback, comments or suggestions for service improvement, we have to be free to use that feedback without restrictions. HospiceMD’s incorporation of your feedback, comments or suggestions does not give you any right to or ownership of HospiceMD’s proprietary services.

HospiceMD reserves the right to modify these Terms of Use at any time without notice, but with the most current version of the Terms of Use will be available to you by clicking the link at the bottom of the Site. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services after the date of any changes to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement.

If any part of this agreement is deemed to be unenforceable or invalid the remainder will continue to be valid and enforceable.

These Terms of Use shall be governed in all respects by the substantive laws of the State of California, without regard to its provisions relating to conflict of laws, and you agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts within Los Angeles County, California.  Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.  You agree that, regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.  In no event shall we be liable for damages or loss caused by third parties not under our control or by other causes beyond our reasonable control, including, but not limited to, damages or loss caused by third party telecommunications service providers.  You agree that these Terms of Use (including any other agreements referenced herein) comprise the entire agreement between you and us and supersede all prior agreements between the parties regarding the subject matter contained herein.

PRIVACY POLICY

This Privacy Policy Statement explains the policies of HospiceMD, Inc. ("HospiceMD " or "us," "We," "we," "Our," or "our") regarding your interaction with HospiceMD, Inc. or any of its subsidiaries (“HospiceMD”, “we”, “us”, “our”) and any personal identifying information you might supply to us at any online or mobile site that we own and control (“Site”). 

By using this Site or interacting with a HospiceMD page, you consent to this Policy, including your consent to our use and disclosure of information about you in the manner described in this Policy.

HospiceMD respects the privacy of our customers/users and visitors to this site, and we are committed to protecting user privacy on the Internet.  We will protect personal information you share with us through this site in the same way that we protect your personal information in all the other ways in which we interact with you.

We may offer you the ability to register/set up a user account online. Information that we may collect about you includes information that you input:

• Contact information, such as your name, address, e-mail address or telephone number (land-line or cellular) or other contact information.  Unique identifiers such as user name, account number and password. We may use this information for authentication purposes or, for example, to send you information that you request or to contact you about your accounts, or to provide customer service assistance with logging into or maintaining your account. 

• Identification information, such as social security number, discipline, title, mother’s maiden name, name of your first pet, or other security type information.  This information helps us, for example, identify you as our customer and prevent unauthorized use of your account or unauthorized disclosure of your information and your patient information.

• Health Information. Patient health information entered by User (if legally and expressly authorized to do so by patient), medical record number or other health record number, patient health and demographic and treatment information entered by User.

• Data Resulting From Activity, such as user activity and location information; type of device and browser you are using, IP address of your device, operating system device information, and additional device related information. Information through cookies, tags, and other technologies may also be gathered.

Cookies are pieces of data that are placed on your device upon your visit to the site.  The cookies that we place on your hard drive allow us to immediately know who you are when you return to the site.  They are not used to collect any nonpublic personal information.

We maintain logs that record data about all account users and visitors who use the site and we store this information. Logs recognize and store your domain name and IP address, your browser type and operating system, the date and time you visited, the screens viewed, the actions taken on this site.  We do not collect nonpublic personal information from visitors to our sites unless you expressly provide it to us.  The logs of information we do collect from this site and other sites owned by HospiceMD (such as domain name, number of hits, pages visited and length of user session, IP address) may only be used by HospiceMD employees or designees on a need-to-know basis for a specific purpose. The log information may be used to resolve user software issues, or to make the site more useful and for security reasons.

Our system allows you to create and store patient health information (“PHI”) for the operation of your business as a health care provider in accordance with the terms of the software services agreement entered into between you and HospiceMD. You are responsible for creating patient health care records in a manner that is compliant with applicable rules and regulations and in accordance with your company’s policies and procedures.

The types of personally identifiable information and patient health information that you may create, upload, submit or store on this site and other sites owned by HospiceMD may include information such as (but not limited to) the following: patient name, address, phone numbers, diagnosis (health information), social security number (SSN), plan of care, health care notes, insurance information (medicare/policy numbers), and authorized representative contact info.  This information may be used, for example, to process insurance verifications, or to submit billing claims to Medicare, Medi-Cal or private insurance according to the specific software agreement and business associate agreement entered into between the user and HospiceMD.

HospiceMD carefully limits and controls how we share personally identifiable information (“PII”) and patient health information (“PHI”) that you may enter on this site and other sites owned by HospiceMD.  The Site has security measures in place that are intended to help protect against the loss, unauthorized access, alteration or misuse of information under our control. These measures may include the encryption of data using the Secure Socket Layer (SSL) system.

• With an affiliated organization. Affiliates of HospiceMD may change from time to time due to acquisitions and divestitures.

• With other companies. To improve efficiency with which we provide you service, HospiceMD has contracted with other companies and organizations to perform various business operations or provide services on our behalf.  These various contracted companies are not affiliated with HospiceMD. We require these contracted companies to comply with strict standards of security and confidentiality, and they are not permitted to release, use or transfer any personal information to any other party for their own use.  HospiceMD also requires these various contracted companies to maintain controls to protect your privacy including physical, electronic and procedural safeguards that comply with regulations.

• In general. HospiceMD does not sell customer lists or individual customer information. Unless prohibited by law, you have the right, upon reasonable notice, to view any personally identifiable information collected from you through your visits to or use of this site and other sites owned by HospiceMD, and to make corrections to such information, if necessary.  You may do so by contacting us at the address indicated at the end of this Privacy Policy Statement.

• By HospiceMD. Patient information entered by the user is made available on the HospiceMD site to said authorized user. HospiceMD may access patient information entered into the site in order to provide services to the users for example, billing service, process checks for insurance eligibility, to produce reports (including place of service report and quality assessment reports). Patient information may also be accessible by HospiceMD IT support staff for the purposes of providing customer service support and in order to provide you with the service agreed to. All patient information collected by HospiceMD is transmitted to, backed-up and stored with and at a third-party company that adheres to administrative, physical and technical safeguards.

• By the user. Patient information entered by a user is accessible by said user through their account. HospiceMD’s Terms of Use restrict the sharing of user accounts to prevent unauthorized access of patient information.

• With other companies. Personally identifiable patient information entered by the user may be shared with other companies for the purposes of storage, insurance verification and making claims to Medicare, Medi-Cal and private insurance. These contracted companies are not affiliated with HospiceMD. We require these companies to comply with strict standards of security and confidentiality, and they are not permitted to release, use or transfer any patient information to any other party for their own use.  HospiceMD also requires these contracted companies to maintain controls to protect the privacy of your patient information including physical, electronic and procedural safeguards that comply with federal regulations.

It is also important to remember that, if you link to a non-affiliated site from our site, that party's privacy policy and its terms and conditions will apply to you.  We encourage you to learn about each third party's privacy policy before sharing personal information with them.

HospiceMD does not knowingly collect, maintain or use personal information from this site about children under age 13.  If a child whom we know to be under age 13 sends personal information to us online, we will use that information only to respond directly to that child, to notify parents or to seek parental consent.  We are not, however, responsible for the collection and use of information by non-affiliated companies and organizations that may be linked to this site.

Please remember that this Privacy Policy Statement applies only to HospiceMD or other sites owned by HospiceMD only.  Our site may also permit you to access non-affiliated sites directly from our site to provide you with value-added information, functionality or services.  If you provide personal information via these sites, your information may be shared with these third-party entities. This Privacy Policy does not apply to sites that may be linked to or from our sites to any other company or organization.  If you link to a non-affiliated site from our site, that party's privacy policy and its terms and conditions may apply to you.  We encourage you to learn about each third party's privacy policy before giving personal information to them.

This Privacy Policy replaces all prior Privacy Policy Statements issued by HospiceMD or any of its affiliates.  We reserve the right to change our Privacy Policy Statement.  Any such changes will be reflected in the updated version displayed on this site.

For additional information about this Privacy Policy Statement, please write: HospiceMD, Inc., Attn: President, 100 N. Citrus Street, Suite 225, West Covina, CA 91791.