White Paper-Project Description
SelfPayMD is a social media experiment — It is a platform designed to help patients connect with doctors.
SelfPayMD is NOT insurance. It is a public bulletin board to help patients find the medical care they need when they are uninsured or underinsured. Due to federal law, by using SelfPayMD you attest that you are not insured by Medicare, Medicaid, or any federally funded program.
Patients MAY post in the discussion forum what condition they are seeking care for. The post MUST be under the state heading where you are physically located at that time as medical licensing is not reciprocal between the states. Only doctors licensed in the state where you are physically located can evaluate and treat you.
If you wish you may post what you can afford to offer for care. For example, “I have a sinus infection and can only afford $50 for a visit.”
DO NOT post any personally identifiable information on the bulletin board as EVERYTHING you post is public. Use a nickname and do not provide any personal details until you either go to a doctor’s office in person or log in to a HIPAA compatible telemedicine platform like PracticeFusion™ or Doximity™.
By logging in to this social media platform you agree to these Terms of Service which, among other things, specifies that no doctor patient relationship is formed on SelfPayMD itself as it is only intended as a way for patients to locate self-pay medical doctors (MD or DO) licensed physicians in the 50 State plus DC.
SelfPayMD does not vet anyone posting in the forum and does not verify the identity of anyone claiming to be a doctor. Similar to a phone book, make sure you verify your doctor by checking their contact details on your state’s board of medicine website and/or visiting their office or telemedicine practice website yourself.
Above all, users of SelfPayMD agree to use the platform ‘as is’ and AT YOUR OWN RISK. SelfPayMD accepts no liability for damages, consequential or inconsequential, resulting from interactions on the social media platform as protected and codified in Section 230 of the Communications Decency Act (CDA) et al.
While you may post pictures of a rash, you MAY NOT post pictures anything below the belt or of breasts or of minors. Anything deemed inappropriate will be deleted without warning and the account responsible may be permanently banned. Any unlawful post may be reported to relevant law enforcement agencies including all available identifying information such as IP address or email address.
SelfPayMD reserves the right to refuse service to anyone for any reason within the law, including profanity, hate speech, pornographic material or spam posting. No access to bots or law enforcement is permitted. Judgment lies solely with SelfPayMD and actions taken to enforce community standards will be swift and permanent. Any billing disputes for medical services are to be handled between the patient and the client, SelfPayMD does not bill patients or pay doctors. In the event of any legal claim against SelfPayMD all parties agree to mandatory arbitration if SelfPayMD elects to choose arbitration. In the alternative, any legal proceedings should be brought forth in the state of Maryland.
SelfPayMD does not discriminate on the basis of any protected status including race religion or gender.
If a doctor agrees to a consultation for less than the usual and customary charge you are implicitly stating that you cannot afford the usual and customary charge and are being given a cash/self-pay sliding scale discount. You as a user agree and proceed with the understanding that such discounts are not discriminatory or based on any protected status, they are simply a sliding scale being offered to help patients get the medical care they need in these times of limited access to care and rising insurance premiums.
SelfPayMD doctors do not agree to participate in any insurance plan and will not assist with submitting insurance claims, prior authorizations, peer to peer reviews or utilization management. If your doctor agrees to any administrative tasks then that is between you and your doctor, SelfPayMD will not assist or expend resources on such tasks as doing so is in direct opposition to the mission of SelfPayMD—helping self pay patients find doctors willing and able to provide necessary services without insurance company administrative burdens. Individual payment terms are to be negotiated between patient and doctor. SelfPayMD invites competition in pricing but does not negotiate or intervene on doctors’ or patients’ behalf. SelfPayMD is solely a social media advertising vehicle and nothing more.
SelfPayMD is NOT appropriate for many medical needs such as prescription of controlled substances, applying for disability benefits, motor vehicle accidents, assaults, concussions, or any other medical condition that has medio-legal ramifications. Please seek immediate in person evaluation for these concerns as telemedicine cannot meet the standard of care necessary for such evaluations.
SelfPayMD CANNOT act as your primary care doctor and providers here cannot write valid referrals to specialists as insurance companies will not honor generic referrals. You warrant and attest that you will seek and maintain a relationship with a primary care doctor for matters beyond the scope of care SelfPayMD can provide.
If you are a healthcare provider, you MUST be a licensed MD or DO in any state where you solicit patients. Mid-levels are not permitted to solicit patients on this site as it is not lawful to represent a non-physician as a MD or DO doctor – it is right in the name of the website itself. All doctors using SelfPayMD attest and agree to be licensed for the services you provide in the state(s) you solicit patients. All doctors further attest and agree to provide their own malpractice insurance, abide by all federal, state and local laws, and to meet the standard of care in any services provided.
If you as a patient believe you are having a medical emergency, SelfPayMD is NOT an appropriate venue for evaluation. Immediately call 911 for any medical emergencies.
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By proceeding you agree to receive an email invitation to a HIPAA compliant website for medical evaluation and treatment as well as text messaging related to account activation. This service is called FollowMyHealth and the Terms of Use are copied here:
FollowMyHealth Universal Health Record
Terms of Use
Welcome to the FollowMyHealth Universal Health Record. All users of this web site, as well as the FollowMyHealth Universal Health Record and all related products and services (collectively, the "Service"), are subject to the following terms and conditions of use (these "Terms of Use"). Please read these Terms of Use carefully before accessing or using any part of the Service. By accessing or using the Service, you agree that you have read, understand, and agree to be bound by these Terms of Use, as amended from time to time, and agree to be bound by FollowMyHealth Privacy Policy which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use and/or the FollowMyHealth Privacy Policy, do not access or use any part of the Service.
Definitions
Aggregate Data. Aggregate Data is PHR Data that is: (1) grouped so it does not identify, relate to, describe, be capable of being associated with, connected, or be linked, directly or indirectly to you as an individual and (2) has names and other identifiers removed or altered. In other words, Aggregate Data cannot be used to identify you as an individual.
Authorized Individuals. An Authorized Individual is someone you authorize to access your FollowMyHealth Universal Health Record on your behalf.
Authorized Individual-Representative. An Authorized Individual-Representative is an individual who has authority to create and manage a FollowMyHealth account on behalf of a Dependent and may include a parent, guardian, or other legal representative.
De-Identified Data. De-identified data is PHR Data in which personal identifiers are removed and do not allow someone to determine a person’s identity.
Dependent. A Dependent is a minor child or other individual over whom an Authorized Individual has legal authority.
PHR. "PHR" means Personal Health Record. A PHR is an electronic health data application that can help you collect, manage, and share your health information. The FollowMyHealth Universal Health Record is a PHR.
PHR Data. PHR Data means any information in the FollowMyHealth Universal Health Record. PHR Data includes, but is not limited to the following:
Your name and contact information, such as your address, phone number, or email address
Your medical history, conditions, treatments, and medications
Your healthcare claims, health plan account numbers, bills, and insurance information
Demographic information, such as your age, gender, ethnicity, and occupation
Computer information, such as your IP address and "cookie" preferences
PHR Data includes Personal Information, De-Identified Data, and Aggregate Data
Personal Information. Personal Information means information about you that reasonably can be linked to you, such as your name, health information, demographic information, and/or other identifiers as may be defined understand and federal law. Personal Information may also include but is not limited to your financial information or social security number.
Provider. A healthcare provider, healthcare practice, or hospital that you authorize to provide information to your FollowMyHealth personal health record. When you sign up for the FollowMyHealth Universal Health Record, you may provide authorization for a healthcare practice or hospital, and associated authorized users, to send Personal Information to your PHR.
Service. The Service includes the FollowMyHealth Universal Health Record and all related products and services.
Service Provider. A Service Provider is an entity that is hired to perform certain functions for Allscripts to support the development, maintenance, and implementation of FollowMyHealth. Service Providers may include software or website designers and data storage providers.
Your Agreement with Allscripts
The Service is provided by Allscripts Healthcare, LLC, located at 222 Merchandise Mart Plaza, Suite 2024, Chicago, Illinois 60654 ("Allscripts"). All references to Allscripts include its subsidiaries or affiliates involved in providing the Service. Your use of the Service is subject to these Terms of Use, the FollowMyHealth Privacy Policy, and such other terms as you may agree to from time to time.
Allscripts may change these Terms of Use at any time by posting the amended Terms of Use to the FollowMyHealth web site and providing a notice on the website that the Terms of Use has changed. If you do not agree to the Terms of Use as amended, you may stop using the Service and cancel your account. Your continued use of the Service after the date the amended Terms of Use is posted will constitute your acceptance of the amended Terms of Use.
Your Account
You must provide accurate and complete registration information when you register to use the Service. You are responsible for the security of your passwords and for any use of your account.
Allscripts reserves the right to restrict who is eligible for an account. Allscripts reserves the right in its sole discretion to determine who may qualify for an account and reserves the right to reject or revoke any account at any time without liability. Allscripts may enable you to create accounts for minors or other members of your family over whom you have legal authority. You may only do so if you are the Authorized Individual/Authorized Individual-Representative, and by doing so, you certify that you have such authority. Allscripts may enable you to give access to your account to Authorized Individuals. When you give access to an Authorized Individual, you grant permission to such Authorized Individual to access the information contained within, and/or perform certain transactions through, your account. You also may permit your authorized health care providers to communicate with such Authorized Individuals about your health status.
Your Use of the Service
Allscripts currently provides you with general use of and access to the Service free of charge. However, Allscripts may charge fees for your use of certain features and functionality of the Service (e.g., transaction fees for content or specific services, such as web consultations or faxing). Additionally, if your authorized health care providers (each a "Provider" and collectively, the "Providers") utilize the billing services offered by the Service, such billing services may serve as a method of payment between you and your Providers.
Generally, at any time in its sole discretion, Allscripts may charge fees for access to all or any part of the Service. In no event will you be charged for access to the Service unless Allscripts obtains your prior agreement to pay for such access. All new fees, if any, will be posted in appropriate locations on the Service. Allscripts reserves the right to change its fees, if any, from time to time in its discretion.
Text Messaging
The Service may include text message communications. Such text message communications may be sent to you for purposes including, not limited to the following categories:
healthcare related communications;
advertising, marketing or promotional communications;
prescription or appointment reminders, and
account management functions.
Collection of Your Information
PHR Data may be entered into the Service directly by you personally or via data transfer from a third-party repository, such as your Provider's electronic health records or other third-party sources, as further described below. With respect to your PHR Data collected from third-party sources, Allscripts shall not collect such information without your specific, written authorization to do so. When you provide such authorization, you may also be asked to designate how often updated information may be transmitted from the applicable third-party source to the Service. Please note, if any PHR Data is released by an authorized third party source to the Service and later invalidated by the third-party source, Allscripts reserves the right at the request of the third party source, to remove that PHR Data from your FollowMyHealth Universal Health Record.
Notifications of Account Modification
Modifications to your FollowMyHealth record are not automatically communicated to your Providers or any third-party sources. If you want your Provider or a third party to know of changes within your FollowMyHealth record, you must inform the Provider or third-party of such changes.
Not an Emergency Service
Communications with Providers through FollowMyHealth are not in "real-time", and should not be used for urgent or emergency situations. The Service does not provide any medical services. The Service does not provide emergency or urgent medical services. PLEASE CALL 911 OR YOUR HEALTH CARE PROVIDER IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR IF YOU NEED URGENT CARE.
Use of Your Information
When you provide Personal Information through the Service, you provide Allscripts authorization to use and distribute it in connection with the Service.
Allscripts is committed to protecting your personal information and employs a variety of security technologies and procedures to help protect your information from unauthorized access, use, and disclosure. This includes, but is not limited to, the use of firewalls, complex passwords, dual-factor authentication, various audit trails, data loss prevention, regular penetration testing, and risk assessments. Moreover, Allscripts stores your personal information on secure servers, uses robust encryption technology, and requires comprehensive security training for our workforce.
Allscripts may use De-identified Data that is taken from the Personal Information you provide and combine it with other anonymous data to create what is referred to as "Aggregate Data" that may be disclosed to third parties. Aggregate Data is information that describes the habits, usage patterns and/or demographics of users as a group but does not reveal the identity of particular users. Aggregate Data will be used to determine such things as user demographics and usage patterns for our services. Allscripts may use Aggregate Data within Allscripts to understand the needs of the FollowMyHealth community of users and determine what kinds of programs and services we can offer to you.
Allscripts may use your PHR Data to operate and manage the FollowMyHealth Universal Health Record platform, the Service, software, and website; maintain and protect its computer systems including to protect or mitigate a fraud or security risk; and comply with the law, such as responding to subpoenas and search warrants.
Provider Access
As part of the Service, you may authorize your participating Providers to provide Personal Information about you from the Providers' electronic health records to the Service. You may use the Service to share certain Personal Information with such Providers. You may use the Service to communicate with such Providers. You understand that any decision to use the Service in such ways is entirely voluntary. You understand that if you authorize a Provider to access your Personal Information in the Service and communicate with you via the Service that Provider may permit its/his/her staff and other authorized users within its/his/her facility or office to use the Service to access your Personal Information and communicate with you as well.
Allscripts relies on the Providers authorized by you to confirm that they meet the criteria for participating in the Service. You acknowledge and agree that Allscripts is not responsible for any such entity misidentifying itself or any misuse of the data by such health care providers or their authorized personnel. Allscripts' sole liability and sole responsibility shall be to discontinue access to any entity or individual which Allscripts learns misidentified itself/himself/herself or is otherwise misusing PHR Data.
You may revoke any Provider's, other third-party's, or Authorized Individual's permission to (a) communicate with you through the Service; (b) request information from you or your FollowMyHealth Universal Health Record through the Service; or (c) provide Personal Information to your FollowMyHealth Universal Health Record by utilizing the connection management features of the Service. However, copies of all of your Personal Information previously disclosed to such Providers, third parties, or Authorized Individuals and incorporated into such Providers', third-parties', or Authorized Individuals' records, if any, may remain in such records. Allscripts cannot, and has no obligation to, remove such information from the Provider's, third-parties, or Authorized Individuals' records.
Allscripts is relying on you to review and assess the qualifications of your Providers and to make appropriate decisions with respect to Authorized Individuals. Allscripts does not examine the credentials of, perform background checks on, or give its endorsement to any Provider or Authorized Individual.
Authorized Individuals
You may grant access to your FollowMyHealth account to one or more Authorized Individuals or Authorized Individual-Representatives. You may grant an Authorized Individual access to your FollowMyHealth account by specifically authorizing FollowMyHealth to permit access by such Authorized Individual to your FollowMyHealth account. When you grant access to an Authorized Individual, you may permit the Authorized Individual to: (a) have the same level of access to your FollowMyHealth account as you have, i.e., the Authorized Individual will be authorized to access your FollowMyHealth health record and to communicate with your Providers and/or engage in other transactions with your Providers to the same extent that you are able using FollowMyHealth; or (b) have "read-only" access to your FollowMyHealth account, i.e., the Authorized Individual will be authorized to access your FollowMyHealth health record ONLY, and will NOT be able to communicate with or otherwise engage in transactions with your Providers. Whether or not you grant an Authorized Individual full-access or read-only access to your FollowMyHealth account is your decision. You acknowledge and agree that: (a) you are solely responsible for verifying the identity of, and monitoring the use by, any Authorized Individual you select; and (b) Allscripts has no responsibility or liability in connection with any access to, or use of, your account and information by any Authorized Individual.
Authorized Individual-Representative
An Authorized Individual-Representative may authorize and/or have access to a FollowMyHealth Universal Health Record for a Dependent. Through the account, the Authorized Individual-Representative may be able to: (a) review and update the Dependent's personal health record as maintained on FollowMyHealth; (b) communicate with the Dependent's Providers with regard to the Dependent's health status and otherwise; and (c) engage in such transactions as permitted between the Authorized Individual-Representative and the Dependent's Providers through the FollowMyHealth Universal Health Record. Accounts created for Dependents are specific to each health care Provider. Thus, an Authorized Individual-Representative will have to specifically authorize each Provider practice to establish a FollowMyHealth account in the name of the Dependent. A Dependent's FollowMyHealth account will be linked to an Authorized Individual-Representative's FollowMyHealth Universal Health Record account until the earlier of the date: (i) the minor Dependent reaches the age of 18, or (ii) FollowMyHealth is notified by the Dependent's Provider or a court of law or agency with appropriate authority that the Dependent has been emancipated, attained legal custody of his or her own health information, or that a different Authorized Individual-Representative has been named. Each Authorized Individual-Representative understands that a Dependent's FollowMyHealth account also may be linked to the FollowMyHealth account of another Authorized Individual-Representative, and each Authorized Individual-Representative will have the same rights to access and communicate through the Dependent's FollowMyHealth account. Each Authorized Individual-Representative agrees that if he or she becomes aware of any change in any Authorized Individual-Representative's relationship to the Dependent that may result in the Authorized Individual-Representative no longer qualifying as an Authorized Individual-Representative, the Authorized Individual-Representative will advise the Dependent's Providers of the same.
Third-party Content & Services
Allscripts may make third-party services available through the Service. For example, Allscripts may enable you to integrate your FollowMyHealth Universal Health Record with third-party personal health records. In order to use a specific available service, you must inform Allscripts that you would like to: (a) allow the third-party Service Provider to retrieve, provide, and/or modify PHR Data in your account or (b) otherwise share your PHR Data with the third-party Service Provider. Once you authorize a specific third-party Service Provider to access your account, the Service Provider may continue to access your account until you affirmatively disable access. Third-party Service Providers may include both Providers and other entities. You are solely responsible for reviewing and approving each such third-party before sharing your PHR Data through the Service or otherwise allowing them to access it. If you elect to use any service Allscripts adds to or enables within the Service, such election constitutes your authorization and consent to sharing your Personal Information with all authorized third-parties.
The Service may include advertisements or promotional messages sponsored by third parties (collectively, "Third Party Messages"). The manufacturers, services providers, distributors and resellers of the products and services identified in the Third Party Messages are solely responsible for the accuracy of their messages and the suitability, efficacy, safety and quality of such products or services. A Third Party Message does not in any way constitute or imply our recommendation or endorsement of such product or service. The manner in which your Personal Information may be used in relation to targeting and/or delivering Third Party Messages is governed by the applicable provisions of the FollowMyHealth Privacy Policy. Third Party Messages may vary by state.
Third Party Messages may include, but not be limited to, the following:
Notifications from your healthcare organization - This includes important updates from your Provider or wellness coach such as appointment reminders, health record updates and more.
Notifications about FollowMyHealth - This includes important information about FollowMyHealth such as new updates and information related to using FollowMyHealth features.
Notifications about Third Party Partners - This includes information about our partners regarding products and services intended to improve health care.
You have the option of opting out of receiving these Third Party Messages at any time by accessing your account on a laptop or computer and going to My Account→Preferences→Notification Preferences.
Allscripts is not responsible for and does not endorse any third-party content or services, and does not make any representations or warranties regarding their quality, content or accuracy. Allscripts further does not endorse any third-party Service Providers (including Providers), products, services, opinions, or web sites accessed through the Service. USE OF THIRD-PARTY SERVICES AND RELIANCE ON THEIR CONTENT IS SOLELY AT YOUR OWN RISK. ALLSCRIPTS MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
Not Medical Advice
You acknowledge and agree that neither Allscripts nor the Service offers medical advice. Any content or data accessed through the Service is for informational purposes only and is not a substitute for the professional judgment of health care providers in diagnosing and treating patients. Allscripts, its licensors and Service Providers are not responsible for the accuracy, timeliness, or completeness of your Personal Information, or for any reliance by you or any medical professional on your Personal Information within FollowMyHealth. Allscripts is not responsible for any Provider's reliance or non-reliance on your FollowMyHealth Universal Health Record, Personal Information, PHR Data or the accuracy thereof.
Prescriptions
Allscripts may enable a tool within the Service that allows you review and/or request a renewal of prescriptions from your authorized Providers. If you use the Service to review or request a renewal of a prescription, you agree that it is up to you to (a) verify that you have obtained the intended prescription and medication; (b) review all accompanying labels, instructions and information; and (c) contact your Provider with any questions or concerns regarding your prescriptions. Allscripts, its licensors and Service Providers are not responsible for any inaccuracy in prescriptions, medications, or the way in which you take such medications.
Allscripts Proprietary Rights
Allscripts and its licensors own all proprietary rights to the Service and all content and technology related thereto, except for Personal Information and PHR Data, of your FollowMyHealth Universal Health Record. Allscripts grants you a personal, revocable, non-assignable, and non-exclusive license to use the Service in accordance with these Terms of Use. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of Allscripts' or its licensors' proprietary material in the Service without the prior written consent of Allscripts. Except as expressly set forth herein, you have no right, title or license to any of Allscripts' or its licensors' intellectual property.
Restrictions on Use
Your use of the Service and any content accessed or submitted through the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software. Specifically you agree not to do any of the following: (a) upload to or transmit on the Service any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use the Service to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail or messages not intended for you; (d) misrepresent an affiliation with any person or organization; (e) upload to or transmit on the Service any advertisements or solicitations of business; (f) restrict or inhibit use of the Service by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via this Service; (g) upload or otherwise transmit files that contain a virus or corrupted data; (h) collect information about others (including e-mail addresses) without their consent; (i) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Service or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Service); (j) post "spam," transmit chain letters or engage in other similar activities; (k) advocate illegal activity or discuss an intent to commit an illegal act; (l) disobey any policy or regulations, including any code of conduct or other guidelines, established from time to time regarding use of this Service or any networks connected to this Service; (m) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material; (n) upload to or transmit on the Service any hyperlinks to other sites that contain content that falls within the descriptions set forth in this Section; (o) access the Service other than by the interfaces provided by Allscripts; (p) create, transmit, or display health or other information that you do not own or do not have the right to use; or, (q) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by Allscripts, may harm Allscripts or users of the Service or expose them to liability.
You further agree that you will not: (i) use any device, software or routine that interferes with the proper working of the Service, (ii) attempt to interfere with the proper working of the Service, (iii) take any action that imposes an unreasonable or disproportionately large load on Allscripts' infrastructure, or (iv) access, reload or "refresh" transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
Modification and Termination
Allscripts may place limits on, modify, suspend or terminate all or any portion of the Service at any time without prior notice. Additionally, notwithstanding the rights you may have to the Personal Information and/or PHR Data in your FollowMyHealth Universal Health Record, if any, Allscripts may cancel your account and delete all data associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement. The connection to your Provider may be modified, suspended, or terminated by your Provider at any time and without notice, however, you will still have access to your FollowMyHealth account. In addition, except with respect to an Authorized Individual-Representative who establishes an account on behalf of a Dependent, Allscripts will terminate your account within thirty (30) days of its receipt of a death certificate certifying your death. With respect to an Authorized Individual-Representative, Allscripts will terminate all accounts associated with such Authorized Individual-Representative within thirty (30) days of its receipt of a death certificate certifying the death of such Authorized Individual-Representative unless a Dependent also has a living Authorized Individual-Representative associated with the account. Accordingly, you are solely responsible for maintaining your own copies of any PHR Data or Personal Information maintained within the Service or of any communications received through the Service. Allscripts assumes no liability for any information removed from the Service. Allscripts also has the right to maintain and/or destroy all data associated with your account in accordance with its then current document retention and destruction policies. Upon any termination of your access to the Service, you must cease all use of the Service.
You also have the right to terminate your FollowMyHealth account. You may delete your FollowMyHealth account at any time by accessing the My Account -> Preferences section of FollowMyHealth.
Exclusion of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER ALLSCRIPTS NOR ANY OF ALLSCRIPTS' LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER ALLSCRIPTS NOR ANY OF ALLSCRIPTS' LICENSORS OR SERVICE PROVIDERS MAKES ANY WARRANTY THAT THE CONTENT IN THE SERVICE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CONTENT IN THE SERVICE IS DEVELOPED FOR USE IN THE UNITED STATES, AND NEITHER ALLSCRIPTS NOR ANY OF ALLSCRIPTS' LICENSORS OR SERVICE PROVIDERS MAKES ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.
Limitation of Liability
NEITHER ALLSCRIPTS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN SERVICE, WHETHER OR NOT THERE IS NEGLIGENCE BY ALLSCRIPTS AND WHETHER OR NOT ALLSCRIPTS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. NEITHER ALLSCRIPTS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $1,000. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION.
Law and Venue
These Terms of Use are governed by Illinois law. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THE SERVICE IS THE STATE AND FEDERAL COURTS LOCATED IN COOK COUNTY, ILLINOIS. YOU AND ALLSCRIPTS CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party's ability to seek equitable relief.
General Legal Terms
For purposes of clarification, these Terms of Use are for end users of the Service. From time-to-time, Allscripts may require licensees of components of the Service and other Allscripts offerings to enter into a separate agreement with Allscripts related to such components or offerings. If there is any conflict between such agreement and these Terms of Use, the separate agreement will control with respect to the specific product or service.
Allscripts' licensors and Service Providers are third-party beneficiaries to these Terms of Use. If Allscripts provides you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict. Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose. The other provisions of these Terms of Use shall remain in full force and effect.
Date last modified: November 13, 2019
FollowMyHealth®
Request for Access
You agree to request access to the healthcare information about me, and authorize SelfPayMD to release such information that it has configured to be transmitted to my FollowMyHealth personal health record for my own uses and purposes. I acknowledge that such healthcare information may include the following: x-rays, clinical diagnosis, histories of present illnesses, immunizations, allergies, prescription drug information, laboratory results, diagnostic screening and testing, clinical procedures, medical research, clinical trials, billing, account, and insurance information.
I acknowledge that such healthcare information may include information regarding mental health screenings and/or treatment, including psychotherapy notes, HIV/AIDS, infectious disease, sexually transmitted infection testing, screening, diagnosis, and/or treatment; genetic testing, history of domestic violence, child abuse, and/or family abuse; and, substance/alcohol use and treatment history.
I acknowledge that with this Request for Access SelfPayMD may disclose any information or records (within the scope of the Request for Access) that SelfPayMD has received about me from other healthcare Practices or facilities. SelfPayMD may, within its discretion, withhold from disclosure any of the above information as permitted or required by law.
Access to treatment or services may not be denied to me if I decline to sign this Request for Access or revoke my Request for Access. However, without this Request for Access, my Practice will not electronically release my healthcare information to my FollowMyHealth personal health record. I may revoke this Request for Access at any time. Such revocation will promptly take effect except to the extent that SelfPayMD already has acted based on this Request for Access.
I may revoke this Request for Access by removing my connection to SelfPayMD from my FollowMyHealth account or providing my request to SelfPayMD. However, I acknowledge that data previously submitted by SelfPayMD as authorized by me prior to my subsequent revocation of this Request for Access will remain in my FollowMyHealth account. I understand that I may delete my FollowMyHealth account any time.
This Request for Access shall end upon the earliest of: a) the termination of the connection between my healthcare Practice and my FollowMyHealth Account; or b) upon my written request submitted to support@followmyhealth.com.
For Authorized Representatives of Patients younger than 18 years old: This Request for Access shall expire upon the earliest of: (1) the date the minor reaches the age of 18; or (2) the date FollowMyHealth receives written revocation from the minor, as an emancipated minor with legal authority to manage his/her own healthcare.
I understand that the information submitted to my FollowMyHealth account is subject to the privacy and security protections of applicable Federal and State laws. I further understand and acknowledge that the manner in which FollowMyHealth protects my personal information is detailed in the FollowMyHealth Privacy Policy and the FollowMyHealth Terms of Use. I understand that SelfPayMD is not responsible for the security of data stored in the FollowMyHealth database, and that the owners of FollowMyHealth are responsible for ensuring the security of the data stored in FollowMyHealth.
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Signed on 01/19/2026
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Terms and Conditions of www.complianz.io
This application is provided by:
Complianz BV
CoC 717814475
Kalmarweg 14-5
9723 JG, Groningen (NL)
Contact email: support@complianz.io
1. Definitions
In this Agreement, the capitalised terms defined below shall have the following meanings:
Agreement: the Terms and Conditions, as well as the Assignment Form and/or any other provision or statement legally declared applicable to the legal relationship between the Parties in accordance with the Terms and Conditions.
Assignment Form: document or pricing page containing a detailed specification of the Service or the Product and/or used to issue an assignment for the Service or the Product or used to order or reserve the Service or the Product.
Customer: the natural person or entity the Supplier has entered into the Agreement with or who visits the Supplier’s Website.
Defect: demonstrable deviation in the Service from the characteristics agreed in the Specifications for that purpose.
Documentation: the manuals/help texts for the use of the Service.
End User: every natural person who makes use of the Service.
Intellectual Property Rights: all intellectual property rights and related rights, such as copyright, trademark, patent, design, trade name, database and neighbouring rights, as well as rights to know-how and performances on a par with a patentable invention.
Internet: telecommunication infrastructure intended for the performance of information services between the Customer and the Supplier.
Party: any party to the Agreement.
Product: any product to be made available, to be delivered or delivered by the Supplier on the basis of the Agreement or an equivalent product according to public opinion, including Software.
Server: a computer managed by or on behalf of the Supplier with web server software installed.
Service: service as specified in an Assignment Form and/or in the SLA.
SLA: the Service Level Agreement, if any, agreed between the Supplier and the Customer.
Software: Computer software made available as plug-in from a Server, including the manual for its use intended for the Customer
Specifications: the requirements agreed in respect of the Service and/or the Product
Supplier: Complianz.
System: the entirety of equipment and Software.
Terms and Conditions: these General Terms and Conditions.
Website: www.complianz.io or other similar forms of providing access to or making available of information, by means of which Products and/or Services or related information are made available.
2. Applicability
2.1 These Terms and Conditions shall apply to all Agreements and other acts and legal acts between the Supplier and Customer, even if those acts or legal acts should not result in, or are not related to, an Agreement.
2.2 Unless expressly agreed otherwise, the applicability of other general terms and conditions is excluded.
3. Communication
3.1 Any communication between the Supplier and the Customer may take place electronically, except insofar as these Terms and Conditions and/or the Agreement and/or the law deviate from this.
3.2 The version of the relevant communication received or stored by the Supplier is considered to be proof thereof, unless the Customer provides evidence to the contrary.
3.3 Electronic communication shall be deemed to have been received on the date of its transmission, unless the recipient provides proof to the contrary. If the communication has not been received as a result of delivery and/or accessibility problems with respect to the Customer’s email box, this shall be at the Customer’s risk, including if the email box is located with a third party.
4. Conclusion of the Agreement
4.1 Any statements made by the Supplier with respect to the provision of Services and/or Products shall be regarded as an invitation to make an offer. Unless a separate written agreement is concluded, the Agreement shall be concluded by the Supplier’s confirmation of the Customer’s order. Confirmation may occur electronically (for example via the Supplier’s website, by email, by SMS, or by means of similar technologies) or, if agreed, in writing (by letter).
5. Definition of the service
5.1 The Supplier shall provide the Customer with the service stated in the Assignment Form. To this end, the Supplier shall provide the Customer with the relevant information for use of the Software by an End User (or by the Customer on behalf of other End Users).
5.2 The Customer may allow End Users within its organisation to use the Service for its organisation’s internal purposes. If agreed in advance, or with the “Agency” version of the Software, the Customer may also allow End Users outside its organisation to use the Service insofar as such use forms part of the broader service to those End Users. A fair use policy may apply.
5.3 The Supplier shall make every effort to implement any amendments to the law or new case law in the short term and shall amend the Software from time to time.
5.4 The Supplier shall take appropriate technical and organisational measures to protect the Customer’s data stored on the Server.
5.5 The Supplier shall have the right to modify the Software from time to time in order to improve the functionality and to correct errors. The Supplier shall make every effort to resolve any errors in the Software, but cannot guarantee that all errors will be remedied. If an adjustment leads to a change in the functionality, the Supplier shall inform the Customer thereof prior to the adjustment.
5.6 Article 5.5 shall not apply to Software purchased by the Supplier from third parties, except for the provisions of the first sentence of Article 5.5. In respect of the use and maintenance of that Software, the Supplier may never be held liable for more than or different from what applies in the relationship between the Supplier and its relevant supplier.
6. Conditions for using the Service
6.1 The Customer and End Users determine which information will be made public through the Service. The Supplier has no knowledge of this information. The Customer is therefore responsible for ensuring that this information is lawful and does not infringe on the rights of third parties. The Customer indemnifies the Supplier against claims by third parties based on the statement that the information published by the Customer or End Users with the help of the Service is unlawful.
6.2 The Customer shall keep confidential any user names and passwords provided by the Supplier to the Customer. The Supplier shall not be liable for any misuse of user names and passwords and may assume that a user who registers with the user name and password of an End User is actually the End User. As soon as the Customer becomes aware or has reason to suspect that user names and passwords have fallen into the hands of unauthorised persons, the Customer shall inform the Supplier thereof, without prejudice to the Customer’s obligation to take effective measures immediately.
6.3 If the Customer wants to use the IAB-TCF function, the use of the default TCF banner together with the WordPress auto-update function is mandatory. The customization of that banner and the cookiepolicy is restricted. The Customer should first contact the Supplier and get approval before making any changes to the banner or the text of the cookiepolicy. Also see article 17.4.
7. Maintenance
7.1 The Supplier reserves the right to temporarily take the Service out of operation for the purpose of maintenance, modification, or improvement of the computer systems of the Supplier. To the extent possible, the Supplier shall undertake efforts to effect any such taking out of service outside office hours and shall inform the Customer of the planned taking out of service in good time. The Supplier shall never be obliged to pay the Customer any compensation on account of taking the Service out of operation.
8. Support
8.1 If an SLA has been concluded with the Customer, the Supplier shall support the Customer in using the Service in accordance with the SLA.
8.2 Unless otherwise agreed upon in a separate agreement or in the SLA, the Supplier shall not perform any support activities at the Customer’s business premises.
9. Prices and Payment
9.1 The Customer shall pay the price stated in the Agreement for the Services and Products ordered by the Customer. Payment shall be made in the manner indicated by the Supplier on the Assignment Form, in the SLA, or elsewhere on a Website, without prejudice to the provisions of Article 9.5.
9.2 Prices are inclusive of VAT and other government levies, unless stated otherwise.
9.3 In the event of payment against an invoice and the Supplier offers this possibility, the Customer shall pay within 30 (thirty) days of receipt of the invoice, unless the Supplier has stated another term. An invoice sent electronically shall be deemed to have been received on the date of transmission. Invoices sent by post shall be deemed to have been received within 2 (two) days after the postmark in the Benelux and within 5 (five) days after the postmark in other countries.
9.4 In the event of late payment, the Supplier shall have the right: 1) to charge the statutory interest on the full amount due from the date on which payment should have been made until the date on which the amount due has been received by the Supplier without any notice of default or notification being required; and 2) to transfer the claim to a third party for collection after notice of default. The Customer shall reimburse all costs incurred by the Supplier and this third party to collect the amount due, including costs of legal assistance, legal costs and extrajudicial costs, the last-mentioned with a minimum of 15 (fifteen) percent of the outstanding sum, except insofar as this (in view of the amount of the outstanding sum) would be considered unacceptable according to standards of reasonableness and fairness. A notice of default may be sent electronically if the Customer has opted for electronic payment or if payment has taken place after receipt of an invoice sent electronically.
9.5 The Supplier reserves the right to demand a method of payment other than that specified by the Customer, without stating any reasons.
9.6 Once per calendar year, the Supplier shall be entitled to review the rates applied on the basis of the consumer price index (CPI) then published, as determined by Statistics Netherlands (CBS) for the year prior to the year in which the price increase will occur. The Supplier shall inform the Customer of any changes in rates at least 2 (two) months in advance.
10. Retention of Title
10.1 All goods delivered by the Supplier shall remain the property of the Supplier or its suppliers until the amount due under the Agreement has been paid in full, including any interest and collection costs due.
10.2 If the goods supplied (partly) concern a right to use Intellectual Property Rights, as in the case of Software, the Customer shall be granted a right to use them under the relevant Intellectual Property Rights within the meaning of Article 11.1. In that case, the Supplier may terminate the right of use by notifying the Customer if the amount due has not been paid on time and no payment is made within 14 (fourteen) days of said notification.
11. Intellectual Property Rights
11.1 The Intellectual Property Rights to all Software made available by the Supplier within the scope of the Agreement shall remain vested in the Supplier or in the third party from whom the Supplier has acquired the right to make (part of) this Software available to the Customer. The Supplier hereby grants the Customer only a right of use that is not exclusive and non-transferable, unless explicitly provided otherwise or differently in the Agreement.
11.2 If, in the opinion of the Supplier, it is plausible that it will be established that the Software made available by the Supplier under the Agreement infringes on any right of a third party, the Supplier shall be entitled, at its discretion, (1) to ensure that the Customer can continue to use the Software made available, or (2) to discontinue the provision of the relevant Services in return for payment of a reasonable fee for the use thereof and, if applicable, to reimburse any excess, or (3) to make equivalent Software available, in the Supplier’s reasonable opinion. Any further liability, obligation to further fulfilment, or obligation to pay compensation is hereby excluded.
11.3 The Customer warrants that, if and insofar as it makes materials or data available to the Supplier within the scope of the Agreement, it shall be entitled to do so and that these materials and data do not infringe on the rights of third parties.
11.4 The Customer may not remove or alter copyright markings, trademarks or other indications of the owner of Intellectual Property Rights from or in the Software provided. The same applies to statements to the effect that certain information is confidential in nature.
11.5 Except to the extent permitted by mandatory law, the Agreement or any applicable open source licences, the Customer may not reproduce, decompile or reverse engineer any Software provided. Furthermore, it is not permitted to remove or circumvent protections or technical (user) restrictions of the Software.
11.6 The Supplier indemnifies the Customer against claims by third parties that Services provided under the Agreement infringe on Intellectual Property Rights in the Netherlands or are otherwise unlawful, on the condition that the Customer informs the Supplier forthwith of the existence and content of such claims and that the Customer allows the Supplier to conduct negotiations in respect of these and/or to seek a settlement and/or to defend itself in any proceedings. If and to the extent necessary, the Customer hereby gives the Supplier irrevocable power of attorney to defend such claims in and out of court and to seek a settlement. The Customer undertakes to provide the Supplier with all information and cooperation reasonably required for this purpose. The Supplier’s obligation to indemnify shall lapse if and insofar as the alleged infringement is caused by changes in the Services provided by the Customer or by a third party on behalf of the Customer, by the use of Software in combination with Software not supplied by the Supplier, or as a result of use in a manner other than that for which the Services supplied were developed or intended.
11.7 One or more open source licenses may apply to a number of software modules used in the Software. This Agreement shall not limit the rights that such licences may confer on the Customer in addition to this Agreement. Only if a right to do so exists shall the source codes of these modules be available to the Customer for a period of at least 3 years, starting on the day of this Agreement.
12. Privacy
12.1 The use of the Service may involve the processing of personal data. In such a case, the Supplier and the Customer shall enter into a Data Processing Agreement.
12.2 All employees who act under the authority of the Supplier and who have access to the personal data shall observe confidentiality with respect to the personal data they become aware of, unless they are under an obligation to disclose such information pursuant to any statutory regulation.
12.3 The Supplier shall take all appropriate technical and organisational measures to protect the personal data against loss or any form of unlawful processing. These measures shall be appropriate, taking into account the state of the art and the costs involved, and shall also be aimed at preventing unnecessary collection and further processing of personal data.
13. Warranties
13.1 Defects reported by the Customer to the Supplier shall, at the Supplier’s discretion, either be rectified or replaced free of charge, unless the occurrence of these Defects is attributable to the Customer, or the Agreement or the SLA already contains an arrangement in this respect. In the event of replacement of a Product, the return costs shall be for the account of the Customer. In the case of Software, imperfections that do not substantially restrict normal use are not covered by this warranty and, furthermore, in the case of Software originating from third parties, the Supplier shall never be obliged to more or something else than that which is applicable in the relationship with the relevant suppliers of the Supplier.
13.2 Third parties that have granted the Supplier the right to make (part of) this Software available to the Customer do not provide any guarantees to the Customer.
14. Liability
14.1 The Supplier shall never be liable for any indirect damage suffered by the Customer or third parties, including consequential damage, loss of turnover and profit, loss of data, and immaterial damage.
14.2 The Supplier’s liability towards the Customer, for whatever reason, shall be limited per event (whereby a sequence of correlated events shall be deemed to be a single event) to the fees actually paid by the Customer to the Supplier in the current calendar year (excluding VAT).
14.3 With due observance of the provisions of Article 11.6, the Customer indemnifies the Supplier against all claims by third parties, for whatever reason, in respect of compensation for damage, costs or interest in connection with this Agreement or the use of the Products and/or Services.
14.4 The previous paragraphs of this article shall not apply if and insofar as the relevant damage was caused by intent or wilful recklessness on the part of the Supplier or its employees.
15. Force Majeure
15.1 A party shall not be bound to fulfil any obligation, if it is prevented to do so as a result of force majeure. Force majeure shall also be understood to mean a non-attributable failure on the part of third parties or suppliers engaged, as well as any situation in which the relevant party cannot actually exercise any (decisive) control, with the exception of obligations to pay.
15.2 As soon as it becomes clear that the force majeure situation will last for longer than 3 (three) months, the other party shall have the right to terminate this Agreement without being liable for compensation.
16. Confidentiality
16.1 If and insofar as confidential information of one Party is brought to the knowledge of the other Party in the performance of the Agreement, this receiving Party shall only use this information for the performance of this Agreement and restrict access to that information to persons who need to take cognisance thereof for that purpose. The parties warrant that an employment contract and/or a confidentiality agreement shall oblige these persons to maintain the confidentiality of such confidential information.
16.2 Confidential information shall not include information that was already in the public domain at the time it became known or subsequently became known, or information that the receiving Party has also received from a third party without a confidentiality obligation being imposed or that third party being obliged to do so.
17. Duration and termination
17.1 Unless otherwise stipulated, the Agreement is entered into for an indefinite period of time and may only be terminated with due observance of a notice period of 2 months.
17.2 If the Agreement is entered into for a definite period of time, the Agreement will be automatically extended each time for a period of one (1) year, unless one of the Parties terminates the agreement at the end of its duration, with due observance of a notice period of 10 days, which notice may be given without reason and motivation.
17.3 In the event of (temporary) suspension of payments, bankruptcy, cessation or liquidation of the business of one Party, the other Party shall be entitled to dissolve this Agreement in whole or in part without the other Party being liable to pay compensation.
17.4 If one Party fails to fulfil any of its obligations arising from any Agreement properly or not within a prescribed period or otherwise in a timely manner, said Party shall be in default and the other Party shall be entitled to dissolve the Agreement in whole or in part without notice of default being required, without prejudice to the other rights of the dissolving Party and without the dissolving Party being liable to pay compensation.
17.5 In the event of dissolution as referred to in paragraph 3 or 4, all claims of the dissolving Party against the other Party shall be immediately due and payable in full. The other Party shall be obliged to take the necessary measures to allow the dissolving Party to assert its rights.
17.6 In the event of of dissolution or termination as referred to in Articles 17.1, 17.2, 17.3 and 17.4, the following obligations will continue after the end of the Agreement:
outstanding payments;
confidentiality;
Intellectual Property Rights;
liability.
These shall continue to exist for as long as the Supplier can reasonably claim their continuation.
18. Changes to these Terms and Conditions
18.1 The Supplier reserves the right to amend or otherwise modify these Terms and Conditions at any time. In such cases, the Supplier will appropriately inform the End User of these changes.
Such changes will only affect the relationship with the End User from the date communicated to End Users onwards.
The continued use of the Service will signify the End User’s acceptance of the revised Terms and Conditions. If End Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the End User's acceptance. The End User can obtain any previous version from the Supplier.
If legally required, the Supplier will notify End Users in advance of when the modified Terms and Conditions will take effect.
19. Miscellaneous, applicable law and competent court
19.1 These Terms and Conditions, as well as all Agreements, shall be governed by the laws of the Netherlands. The regulations relating to general terms and conditions in the Dutch Civil Code shall not apply in the relationship with Customers, other than consumers, from outside the Netherlands.
19.2 Third parties do not enter into any Agreement between the Supplier and the Customer on the basis of a third-party clause in these Terms and Conditions or the Agreement.
19.3 The provisions in these Terms and Conditions and the Agreement jointly determine the legal relationship between the parties and shall replace all previous agreements or statements made by the Supplier with respect to the subject of the Agreement. This shall be deemed to constitute an agreement as to burden of proof.
19.4 Except insofar as this would be unacceptable according to standards of reasonableness and fairness, the wording shall in the first instance be decisive for the interpretation of the Agreement. If the wording, also read together, cannot lead to an interpretation that is reasonable in the given circumstances, the reasonable (commercial) intentions of the parties shall be used as a criterion for the interpretation.
19.5 The Supplier may engage third parties in the performance of the Agreement at its own discretion.
19.6 The Supplier may transfer rights and obligations under the Agreement to third parties and shall inform the Customer thereof. If the transfer of obligations to a third party is reasonably unacceptable to the Customer, the Customer shall be entitled to terminate the Agreement within 5 (five) days of receipt of the said notification.
19.7 Should any provision in these Terms and Conditions or the Agreement, which is essential in the reasonable opinion of the Supplier, be void or otherwise be unenforceable, the Supplier shall be entitled to destroy the remaining content of the Agreement, except to the extent that this would be unacceptable according to standards of reasonableness and fairness in the given circumstances.
19.8 Insofar as any national or international mandatory legislative provision does not provide otherwise, all disputes between the Parties shall be submitted to the competent court in the district in which the Supplier has its registered office
Latest update: January 30, 2025
