Terms of Use

Privacy Statement and Terms of Use

Privacy

The exchange and maintenance of clinical and other information within the healthcare system is essential to the maximization of patient care. At the same time, custodians of personal medical information, such as MedicaLINX and its contracted data and processing vendors, have a duty to protect and secure private healthcare records from unauthorized inspection or use. MedicaLINX’s policies and procedures and the structure of our electronic prescribing and sample tracking systems are designed to protect the confidentiality of patient medical information. The Privacy statement explains these policies regarding the collection, storage, use and disclosure of information that we learn about you and your patients when you register for or use our products or visit our Web site. By using this system, you are agreeing to be bound by that confidentiality requirement. In order to maintain current with legal and industry developments, MedicaLINX modifies its privacy and security policies and practices periodically. Any such modifications are reflected in updates to this statement. MedicaLINX reserves the right to change, modify, add or remove portions of this statement at any time. We encourage you to visit our web page frequently. In that way you will always know what information we collect; how we use that information; and whether and to whom we disclose it. Additionally, we commit to maintaining as current as possible with medical and pharmaceutical information. However, with fast growing discoveries and enhancements in medical and pharmaceutical science, there is no substitute for your professional judgment based upon your independent evaluation of your patient’s condition and the most clinically appropriate medications. You also agree that your clinical judgment will not be inappropriately influenced by coverage or formulary information that MedicaLINX may provide to you. You acknowledge that prescribing determinations are solely within your discretion.

The following definitions are used throughout this statement:

“Personally Identifiable Information” — any information that identifies you or could be used to identify you as an individual, as well as any additional data tied to such information.
“Individually Identifiable Patient Information” — information that (i) relates specifically to the health of one of your patients, treatment to that patient, or payment for the provision of healthcare to that patient and (ii) identifies the individual patient or could be used to identify him or her.
“Registration Information” — certain Personally Identifiable Information that you provide to MedicaLINX when you register to use our software application.
“Transaction Data” — all information and data input by you and transmitted to MedicaLINX while generating prescriptions or documenting healthcare services.

Registration
MedicaLINX collects all Registration Information that you provide to us when you complete our on-line registration form to download and/or use our product. This information includes contact information, such as your name, address and telephone number, as well as demographic information, such as your specialty, state license number and type of practice management system you use.

We may also use this information to verify your prescribing authority and to facilitate whatever additional connectivity you may need to fully maximize use of the product.

We may use your information to let you know about developments in pharmaceuticals; for example, a drug recall or a newly discovered contraindication. We may contact you about our products and services, and we may e-mail you to inform you that we have released an updated version of one or more of our products, or to ask you to complete a survey rating our products and services.

Product Use
In providing services to you, MedicaLINX collects Transaction Data generated, including the following:

Patient: name, address, phone number(s), date of birth, gender, office practice number
Prescriber: name, address, phone and fax numbers, e-mail address, state license number, specialty (and, if provided, DEA number)
Practice: name, address, phone and fax numbers (and, if provided, contact name and title)
Patient’s Insurance: health plan name(s), address, phone number (if provided)
Prescription: date, drug or medical supply prescribed (and if applicable, other drugs selected but not ultimately prescribed), form, route, strength, dose, directions for use, quantity, number of refills and generic substitution instructions

In order to effectuate the service of the product, we must transmit a significant portion of the Transaction Data to one or more of our third party partners such as manufacturers, health plans or other payers, electronic clearinghouses, aggregators.

The MedicaLINX system uses the Individually Identifiable Patient Information contained in any Transaction Data solely for the purposes of medical treatment, obtaining payment for such treatment and health care operations (e.g., performing drug use evaluation and assessing formulary status) as permitted under the HIPPA Privacy Rule or required by any governmental agency.

Maintaining Current Registration Information
You can utilize the MedicaLINX application to correct or update the following Registration Information: your street address, phone number and fax number. You can also add, correct or delete the names of ancillary prescribers that you have designated for inclusion on your prescription header.

Communication Preference
If you no longer wish to receive electronic or other media messages from us related to the MedicaLINX product or wish to state a preference for message transmission, you may remove yourself from the MedicaLINX e-mailing list by sending an email to www@MedicaLINX.com. Upon receiving such a request, MedicaLINX will promptly remove you from our e-mail contact list.

Casual Browsing
MedicaLINX does not collect information about you via our Web site (www@MedicaLINX.com) unless you affirmatively provide it to us. In other words, if you visit our Web site merely to browse, to view a demonstration of our products, or to learn more about our company, MedicaLINX does not monitor your Web site navigation or collect any information about you through the use of “cookies” or other covert means. (If you do decide to use our Web Formulary tool, accessible from www@MedicaLINX.com, and accept the terms of the User Agreement, we do use a cookie to indicate your acceptance upon return visits, but not to collect information about you.)

MedicaLINX does collect and store information that you provide by filling out surveys that we may post from time to time on our Web site. We use these surveys solely to gauge your satisfactions with our product and to elicit thoughts and suggestions regarding our current or proposed products, so that we can continue to bring solid and beneficial functionality to you.

Disclosure of Information
You agree to the following terms.

Upon registering for and using our application, you consent to MedicaLINX’ use of all Transaction Data generated by you, including certain of your Registration Information, for all lawful purposes. MedicaLINX reserves the right to sell, transfer and license the Transaction Data, including data that identifies you from your Registration Information, to pharmaceutical manufacturers, healthcare clearinghouses and data analysis companies, but only to the extent the data does not contain Individually Identifiable Patient Information.

As set forth, the MedicaLINX system uses the Individually Identifiable Patient Information contained in any Transaction Data solely for the purposes of medical treatment and obtaining payment for such treatment and health care operations (e.g., performing drug use evaluation and assessing formulary status) (as further described, below).

MedicaLINX is committed to protecting the confidentiality of Individually Identifiable Health Information and MedicaLINX does not provide Individually Identifiable Patient Information to any third party other than for purposes of providing our services to you (for example, submitting a prescription to a pharmacy or submitting a claim to a health plan or it contracted pharmacy benefit vendor processing) and as permitted by the HIPAA Privacy Rule and in this. Any patient medical information that is provided to a third party for other purposes is anonymous, aggregated, and not reasonably traceable to or capable of identifying the individual patient.

Data Security
Data security essentially means maintaining the data under conditions designed to prevent unauthorized access. At MedicaLINX, electronic data security involves controlling transmission and storage of, and access to, information that is maintained on MedicaLINX’ central servers. In the sections that follow, we discuss two components of data security-User Authentication and Data Transmission and Storage.

Down-Time
User acknowledges that there are times due to the need to update the product, system or interface failures, or regular system maintenance of the product (including critical interface vendor functionality issues); the product functionality may be inoperable. MedicaLINX will make reasonable efforts to notify you in advance of system closure or reduction in functionality to limit any inconvenience to you. Additionally, we will attempt to perform regular maintenance on dates/times of less volume impact.

User Verification
MedicaLINX has implemented processes to verify that the hardware and software used to create, store and transmit Individually Identifiable Patient Information is accessible only to those who are authorized to see it. Once MedicaLINX verifies a user’s prescribing authority, he or she can log into the system using an individually selected user name and personal password. Licensed prescribers and authorized medical office staff who use the MedicaLINX system may activate the applications only after entering their unique user name and password. Upon prescriber verification, MedicaLINX will mail to a physician (within five to seven days) a PIN code. The physician must log in to the MedicaLINX Web site and enter that PIN code to enable access to the advanced MedicaLINX functionality that accesses Individually Identifiable Patient Information, such as the online renewals tool.

Storage and Transmission of Data
The MedicaLINX system employs advanced levels of security and encryption of electronic data in order to ensure that data transmitted to or maintained by MedicaLINX is protected from unauthorized access. MedicaLINX has implemented stringent functionality to ensure the security of information once it reaches MedicaLINX’ central server. MedicaLINX’ data storage infrastructure includes locked-door protection of the data servers and storage media. In addition, all external entrances to the MedicaLINX facility are key-code protected twenty-four hours per day, seven days per week. Individually Identifiable Patient Information stored on MedicaLINX’ servers is accessible only by authorized MedicaLINX employees with proper security clearance.

User Representation
By registering to use this product, you represent that you are fully and currently authorized and licensed to prescribe medication in the jurisdiction or jurisdictions in which you will use this product and that you will maintain this authority in good standing throughout your use of any MedicaLINX product. Also, you represent that you maintain all medical malpractice and other insurances in at least the minimum levels as may required by law, licensure or payer contract.

Hold Harmless
Upon registration and use of this product, you acknowledge and agree that MedicaLINX shall not be liable for any damages resulting from your use of, or inability to use, the information provided and/or software application. MedicaLINX represents only that it has exercised reasonable diligence to date to ensure that the information presented and full system functionality has been established. MedicaLINX further represents that it will exercise reasonable diligence in maintaining the information, data and functionality of the MedicaLINX product. Upon registration and use of this product you acknowledge and agree that you will hold MedicaLINX and/or any of its contracted vendors involved in the provision of clinical information, transmission and storage of data used in the generation or fulfillment of a prescription through this product harmless for any damages to third parties resulting from your authorized or unauthorized use of, or inability to use, the product.