Use of Email for Patient Communications Agreement
This agreement on the Use of Email for Patient Communications (“Email Agreement”) is between Capital Mental Health (“Practice”) and an individual patient and/or patient’s authorized representative(s) (“Patient”).
The Practice and Patient believe that the use of email will enhance communications between Patient and the Practice regarding Patient’s care and treatment, and may also serve to expedite administrative matters related to health care services rendered to Patient.
The Patient has a confidential Practice-Patient relationship with one or more members of the Practice and has been previously examined at the Practice; and
The practice and Patient wish to set forth their understanding regarding the use of email communications, in order to establish clear guidelines for the use of such communications.
In consideration of the promises and mutual covenants contained in this Email Agreement, the ongoing medical services rendered to Patient by the Practice, and other valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:
Use of Email Communications
EMAIL COMMUNICATIONS ARE NOT TO BE USED FOR EMERGENCIES OR URGENT SITUATIONS.
Patient agrees and understands that Patient may use email to communicate with the Practice regarding Patient’s care and treatment and certain administrative matters arising from health care services rendered to Patient.
PATIENT AGREES TO NOT USE EMAIL to communicate with the Practice and agrees to use other means of communication (e.g., telephone, personal visit) for:
- Emergencies or other time-sensitive information; and
- Inquiries that deal with sensitive information; and
- Situations in which the Practice does not respond to your email
The practice will make a reasonable attempt to return all email messages received within two(2) business days. Notwithstanding the foregoing, if Patient does not receive a response by the close of business on the second business day following Patient’s email message, Patient agrees to use other means of communication to contact the Practice. Similarly, Patient agrees that the Practice may use their reasonable professional judgement to determine whether any response by email is appropriate or practical, and request that Patient either speak with the Practice by telephone or make an appointment for an in-person visit.
Composing Email Messages
When composing email messages to the Practice, Patient agrees to:
- Include in the subject line: Patient’s name and a brief description of the nature of the request (e.g., “Prescription Refill”, “Appointment(s)”, “Billing Question”, “Medical Advice”).
- Keep copies of email messages sent and received.
- Send a reply to the Practice to acknowledged receipt and review of the email message from the Practice, when requested to do so by the Practice.
Access to Patient’s Email Communications
By entering into this Agreement, Patient understands and acknowledges that it may be necessary for any member of the Practice to access Patient’s message, and that Practice member may be someone other than the person(s) to whom Patient originally sent an email message. Other members of the Practice may need to access messages in order to help physicians and the Practice to organize and respond to email messages received from Patient, to cover for members of the Practice that may not be available, and, in some cases, to assist in generating a response. Further, the Practice may use non-clinical personnel to organize and respond to email messages regarding billing or other administrative matters. Patient hereby authorizes non-clinical personnel of the Practice and any member of the Practice to access email messages sent to the Practice.
No Liability
Patient agrees that email communications with the Practice is offered as a convenience to Patient, and Patient agrees to not hold the Practice responsible for any expense, loss or damage caused by, or resulting from: (1) a delay in Practice’s response to Patient, or any damage to Patients resulting from such delay, due to technical failures, including but not limited to, technical failures attribute to the Practice’s internet service provider, power outages, failure of the Practice’s electronic messaging software, failure by Practice or the Patient to properly address email messages, failure of the Practice’s computers or computer network, or faulty telephone or cable date transmission; (2) any interception of Patient’s or the Practice’s email communications by a third party; or (3) Patient’s failure to comply with the guidelines regarding use of email communications set forth in Section 1 above.
Confidentiality
The Practice agrees to exercise reasonable efforts to ensure he confidentiality of Patient email communications. However, there is always some possibility the confidentiality of such communications could be breached by a third party. Communication regarding highly confidential medical matters should therefore be reserved for other forms of communication (e.g., telephone, personal visit). If Patient access the Practice through an employer’s email system, Patient should be aware that an employer has the right to review any email communications transmitted through the employer’s email system.
Archiving
The Practice may keep copies of email message that Patient sends to the Practice, and may include such messages in Patient’s medical record.
Termination
This Agreement may be terminated by the Practice if the Practice determines that Patient has failed to comply with its provisions. Upon termination of this Agreement, the Practice will no longer respond to Patient’s email communications in the regular course of providing services to Patient. However, the Practice reserves the right to respond to any email communications from Patient, if the Practice determines that such a response is appropriate or practical.
Modification
No modification or waiver of any of the terms of this Agreement shall be allowed unless by written agreement signed by both parties. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature.
Severability of Provisions
In the event that any portion of this Agreement is deemed unenforceable, all other provisions of this Agreement shall remain in full force and effect.
Choice of Law
All terms and conditions of this Agreement shall be interpreted under the laws of Maryland.
Miscellaneous
This Agreement shall constitute the entire understanding between the parties with respect to email communications, and shall supersede any prior understanding or agreement between the parties, whether oral or written, or defacto. The Practice may assign this Agreement to a successor to all or substantially all of the stock or assets of the Practice.
Execution
Please sign and date this document to indicated that you agree with the requires restrictions that are imposed and that you understand your own responsibility in safeguard your personal health information with respect to the electronic communications described in this Agreement.