1. Property of Driscoll. User acknowledges that MyDCH is the property of Driscoll and may be updated or changed at any time. User understands that MyDCH is monitored by Driscoll's Information Technology Department and that Driscoll is able to track and monitor my access into MyDCH. User agrees not to attempt to avoid or circumvent the security measures set up to protect MyDCH from unauthorized use. User understands that s/he does not have any personal privacy rights by MyDCH.
  2. Limits on Use of MyDCH. User agrees to use MyDCH solely for professional, job-related purposes relating to patient treatment, payment or health care operations. Accordingly, user understands that s/he is not permitted access to his/her own, family member or any other individual's health information because of personal reasons. User acknowledges that unauthorized use of MyDCH is considered a violation of this Agreement and may subject user to state and federal civil or criminal fines or penalties.
  3. Minimum Necessary Guidelines. User agrees to limit the information accessed on MyDCH to only the minimum necessary items that are essential to the performance of his/her professional duties.
  4. Password and Username. User agrees to protect the username and password provided to him/her to access MyDCH. User acknowledges that s/he may not share his/her username or password with any other individual or entity, including any of his/her employees, regardless of whether those employees are granted independent access to MyDCH. User understands that s/he is responsible for any damages, including monetary damages, for the inappropriate use and/or disclosure of PHI, even if such inappropriate use and/or disclosure was made by another individual using User's access information. User understands that sharing of his/her username and/or password may result in immediate termination of access to MyDCH and any notifications that may be required by law. User agrees that if s/he suspects that his/her username or password has been obtained by another individual, User will immediately change the password for the account and inform Driscoll's HIPAA Security Officer (361-694-6286) so that appropriate action may be taken.
  5. Compliance with State and Federal Laws. User agrees to comply with all provisions of the Health Insurance Portability and Accountability Act of 1996 as amended (HIPAA) and shall treat information received via MyDCH as sensitive and confidential. User agrees that s/he shall not use or disclose patient information in a manner that would violate any state or federal laws.
  6. Use of Name. User agrees to permit the use of his/her name and information in the MyDCH user directory. User agrees not to use the name of Driscoll Children's Hospital or MyDCH in any manner that misrepresents the source of personal patient health information or jeopardizes the integrity or security of such information.
  7. Use By Physician's Employees. User understands that the use of MyDCH by a Physician's Employee(s) is subject to the following:
    1. A Physician may designate his/her Employees to be granted access to MyDCH.
    2. Each Employee must agree to be bound by the terms of this Agreement. Both the Employee and Physician must sign this Agreement.
    3. Driscoll retains the right, in its sole discretion, to determine whether Employee is entitled to access. Physician agrees to cooperate with Driscoll in the event of additional information in needed from Physician in order for Driscoll determine the appropriateness of Employee's request for access.
    4. Employee access must be under the direct supervision of the Physician and access to MyDCH must be limited to authorized persons with a need to know, to the extent necessary, to perform their patient care related duties.
    5. A change in job position or responsibilities may make an Employee ineligible for future access to MyDCH. Physician agrees to immediately notify Driscoll of any changes in an Employee's job position or responsibilities to allow for the evaluation of the appropriateness for continued status as a registered MyDCH user.
    6. Physician shall notify Driscoll within 24 hours of the termination of any Employee granted access to MyDCH.
    7. Physician agrees to train Employee on the requirements of this Agreement and on Driscoll's confidentiality policies.
    8. Employees are only allowed access to the electronic medical records of patients for whom the Physician is the referring, attending physician, consulting • physician, covering physician or the patient's primary care physician of record.
    9. Physician is responsible for Employee's compliance with all provisions of this Agreement.
  8. Term. This Agreement shall take effect on the date signed by Driscoll below and shall remain in effect for an initial term of two (2) years. This Agreement shall automatically renew for a single successive two (2) year term unless otherwise terminated as set forth below.
  9. Right of Termination. Driscoll may terminate my access to MyDCH at any time with or without cause.
  10. Effect of Termination. User agrees that termination of this Agreement shall in no way eliminate his/her responsibility for maintaining the confidentiality of protected health information and all other information shared between the parties related to this Agreement.
  11. Confidentiality Agreement. User agrees that, during the term of this Agreement, user will have access to confidential and protected patient health information. User recognizes and agrees that the unauthorized use or disclosure of protected health information is a violation of state and federal law. User further understands and agrees:
    1. that any protected health information accessed through MyDCH will remain confidential and secure at all times;
    2. not to directly or indirectly use or disclose protected health information except as required by law;
    3. to ensure that my employees, agents, or affiliates are familiar with and abide by the restrictions on the use and disclosure of protected health information as established by law; and
    4. to maintain workplace practices consistent with the privacy laws and to properly destroy all downloaded or printed information in accordance with HIPAA.
  12. Independent Contractors. Each party acknowledges and agrees that in performing its duties under this Agreement, it is acting as an independent contractor as that term is defined under Texas law. Each party expressly recognizes and agrees that it is not acting in the capacity of an agent or employee of the other and in no event shall any party be deemed responsible for the acts or omissions of another party.
  13. Insurance. Each User of MyDCH agree to keep, at his/her own expense, Professional Liability Insurance issued by a licensed insurance company acceptable to Driscoll, an amount not less than $1,000,000 per occurrence and $3,000,000 annual aggregate (which amount shall not have been reduced by prior claims). User agrees to make certificates of insurance available to Driscoll upon request and to notify Driscoll in writing of any reduction, cancellation or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action, if applicable.
  14. Limitation of Liability. User understands that User is responsible for the ultimate decisions and medical judgments related to the diagnosis and treatment of patients which may be based on information accessed through MyDCH. User understands and agrees that remote access to electronic records involves technological risks, including possible introduction of errors, data corruption, and artifacts that may not be present on original versions. User further understands that images accessed remotely may not have the same degree of clarity as images viewed on-site. User understands that Driscoll will not be responsible for any losses or damages related to the risks of remote access, including but not limited to spyware, hacker access, viruses, worms, and other harmful software. User specifically assumes all liability and risks associated with my access and use of MyDCH.
  15. Indemnification. Each party agrees to indemnify and hold harmless the other party, including its directors, officers, employees, and agents from and against all liabilities, claims, costs, losses, damages, expenses and attorney fees resulting from the sole and exclusive negligent acts or omissions of that party in providing service pursuant to this Agreement.
  16. Governing law. This Agreement shall be governed by the laws of the State of Texas. Venue for any disputes or cause of action arising from or relating to this Agreement shall be Corpus Christi, Nueces County, Texas.
  17. Assignment. This Agreement may not be assigned by either party, unless the other party gives prior written consent to such assignment; provided however, Driscoll may assign this Agreement, without prior notice or approval, to any affiliate, subsidiary, successor or related corporation.
  18. Notice. Any notice required to be given shall be personally delivered; sent via certified mail, return receipt requested; or commercial overnight delivery services to the addresses listed below.

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