Lee Memorial Health System ("LMHS"), referred to together with its affiliated hospitals and physicians who utilize LMHS's electronic medical records system, provides you, a patient or authorized user, with access to LMHS MyChart.

LMHS MyChart is a secure, web-based service that lets LMHS patients, or another person chosen by the patient or authorized by law (an "Authorized User"), have secure web-based access to parts of an LMHS electronic medical record.

LMHS MyChart is a selected part of the information in the electronic medical record, such as prescriptions, basic test results, summary medical history, appointments, and similar information. LMHS or a patient's physician may decide which types of information to release to LMHS MyChart.

DESCRIPTION AND ACCEPTANCE

LMHS operates this website and provides its MyChart service to allow its patients and Authorized Users to view portions of patient’s medical records. In some cases, patients and Authorized Users may communicate electronically with LMHS employed physician offices and clinicians on matters that are not emergencies or urgent. This service is optional. Patients may receive services from LMHS without using this website. By using this website, patients and Authorized Users are agreeing to comply with and be bound by these terms of use. If you do not agree with these terms, do not use this site. LMHS reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes.

OBTAINING ACCESS

LMHS MyChart is designed as a secure internet-based record where patients and Authorized Users may receive confidential medical information about themselves or certain others. Once you sign up for LMHS MyChart, you will be given a one-time only code that you will use to start your account. You will then create your own LMHS MyChart ID, Password and Password hint.

PASSWORD

It is your responsibility to keep your LMHS MyChart login name and password confidential, and to change your password if you feel that its security has been compromised. You may change your password at any time. You must promptly notify us of any unauthorized use of your MyChart account, or if you become aware of any other security breach related to LMHS MyChart. LMHS uses computer software to monitor, audit, and log access and usage of LMHS MyChart by all participants, including proxies.

INFORMATION IS NOT MEDICAL ADVICE

The information available through the LMHS MyChart website is provided to assist you in getting certain information. This information is not a substitute for appropriate and timely consultation with your doctor or health care provider. When you use this site, you assume full responsibility and all risk for the appropriate use of the information contained in the website.

MEDICAL EMERGENCY

FOR ALL MEDICAL EMERGENCIES, DIAL 911. While you may use the messaging capabilities of the LMHS MyChart website to ask general questions about care, do not use the LMHS MyChart website for medical emergencies or to report urgent changes in a patient’s condition. The questions or comments made here may not reach a doctor for some time.

ELIGIBILITY

You must be 18 years or older to participate in LMHS MyChart. Minors age 9-17 may have access with parental permission. Your LMHS MyChart Provider will be able to activate your LMHS MyChart account and give you detailed instructions regarding its use during your visit. You may also request a LMHS MyChart account by contacting your MyChart physician’s office. Not all LMHS physicians will elect to communicate using LMHS MyChart. LMHS MyChart may also be available to the parents of minors, health care surrogates, proxies, guardians, caregivers, and / or certain other authorized persons who may assist or act on behalf of LMHS patients (See "AUTHORIZED USER ACCESS"). If you are not a patient or within this group of authorized persons, you are not permitted to use LMHS MyChart.

PATIENT MEDICAL RECORD

LMHS MyChart is provided as a convenience which enables you to access online to some of the information contained in the electronic medical record, but not all of it. For example, LMHS MyChart may show a summary or a description of information rather than the actual entries made by the patient’s physician or the clinician. This means that you should not rely upon information obtained via MyChart as complete. If you require a complete medical record, you should make your request through LMHS location or provider practice where you receive your medical care.

TEST RESULTS

Most Lab test results will be posted automatically to your LMHS MyChart "Test Results" and you will be advised of the availability of this information by e-mail communication (if enabled at activation). Certain test results will become available on LMHS MyChart only after the physician has discussed them with the patient. Certain other test results may not be posted to LMHS MyChart because of their sensitive nature and instead will be reported directly to the patient by his/her physician. If there are any questions about information that is posted or not posted, please contact the physician.

AUTHORIZED USER ACCESS

An Authorized User refers to individuals who have a legal right to Protected Health Information or who you have authorized access to your LMHS MyChart account. LMHS allows Authorized Users to access the LMHS MyChart account of an individual other than him or herself. LMHS reserves the right to revoke an Authorized Users access at any time for any reason. You may obtain Authorized User access to the LMHS MyChart records of your minor child under the age of 12 by completing the appropriate Request for Parental Access based on the age of the minor. Parental Authorized User access to a minor’s LMHS MyChart will be granted to persons with parental rights, legal guardianship, or durable power of attorney for health care over the minor, if the requestor of access demonstrates the legal right to this information and it is supported by appropriate documentation. When the minor reaches the age of 18, or obtains a court order giving him / her the rights of an adult, all parental Authorized User access will be discontinued or denied. At that point, the patient is an adult and may request access to his / her own LMHS MyChart account. When an adult patient has the ability to make and understand his / her own medical decisions, he / she may grant an Authorized User access to his / her LMHS MyChart account. The adult or minor patient may revoke proxy access to MyChart by using the Proxy Account Management feature within MyChart. When an adult patient does not have the ability to make and understand his / her medical decisions, another adult may obtain access by signing and submitting the Authorization for Access to Patient LMHS MyChart Account and demonstrating appropriate legal authority such as guardianship, durable power of attorney for healthcare, or status as healthcare surrogate. If this legal relationship changes, the Authorized User must immediately notify LMHS and access to LMHS MyChart may be revoked.

MESSAGING

You are required to provide LMHS MyChart with a valid e-mail address, and it is your responsibility to keep this address updated with MyChart. You will receive an e-mail message via the internet notifying you whenever new information has been released to your LMHS MyChart account. You may then access an authorized LMHS MyChart account to view the new information through our secure, password-protected website. You are responsible for monitoring such e-mail messages, accessing and viewing the LMHS MyChart account, and responding in an appropriate and timely manner. While e-mail communications with LMHS will not contain specific medical information, such messages may be seen by anyone with access to your personal e-mail account. You should consider this when providing an e-mail address for LMHS MyChart. LMHS MyChart may be routed to other authorized caregivers within LMHS and its affiliates in order to facilitate a timely response to your request. All communications between you and the LMHS health care team using LMHS MyChart are carried over a secure, encrypted connection directly into the LMHS electronic medical record. As explained above, LMHS MyChart should never be used for urgent matters. Delays can occur based upon volume, availability of staff and the complexity of your condition. FOR ALL MEDICAL EMERGENCIES, IMMEDIATELY DIAL 911. Patients can upload 3 photos or documents per message to their provider using their MyChart account. These attachments will become a part of the medical record. The maximum file size is 5.0 MB for pictures and documents. Patients should ensure the document or picture sent to the provider is related to their medical care Patients should not submit documents or photos for another person using their MyChart account. Documents or pictures deemed to be inappropriate in nature by the provider will be removed from the medical record, and the patient will be notified.

TERMINATION OF ACCESS

Use of LMHS MyChart is entirely voluntary and you may cancel your access to LMHS MyChart at any time by using the Account Manager within your LMHS MyChart account or by contacting the LMHS MyChart Provider. LMHS reserves the right, at its sole discretion, to terminate the access of any LMHS MyChart participant at any time, for any reason without notice. Such reasons may include violation of any provision of these “Terms of Use” or any of the following: transmitting material that is offensive, obscene, defamatory, threatening, harassing, abusive, or slanderous to any person; using inappropriate messaging, such as messaging that is excessive or contains inappropriate content; attempting to damage or impair LMHS MyChart, or interfering with its proper workings and security mechanisms; or impersonating anyone else, or otherwise interfering with the use of LMHS MyChart by another person. LMHS MyChart accounts will be automatically disabled after five failed login attempts. If this occurs, you may use the MyChart Support Form located at http://www.leememorial.org/mychart/support.asp or contact your physician's office for assistance.

PRIVACY POLICY

LMHS understands the importance of protecting the confidentiality of your medical information. To that end, we have detailed policies and procedures regarding access to all medical records that are designed to safeguard your privacy. These policies explain the circumstances under which your medical information may be released to parties outside of LMHS. Please refer to the LMHS Notice of Privacy Practices for further details on how we use or disclose your medical information.

YOUR MEDICAL RECORD

As we provide healthcare, we must keep records of patient’s medical history, current conditions, treatment plan and all treatments given, including the results of all tests, procedures and therapies. Messages you send via LMHS MyChart may be made part of the permanent medical record at the discretion of LMHS, the doctor, or support staff. Once it is made part of the record, it will be accessible to current and future staff members of LMHS who are appropriately involved with a patient’s care. All electronic medical record content generated by LMHS is subject to state and federal laws governing the security and confidentiality of medical records.

COPYRIGHT AND TRADEMARKS

MyChart is a registered trademark of Epic Systems Corporation. All content included on the LMHS websites, including, but not limited to, text, photographs, graphics, button icons, images, artwork, names, logos, trademarks, service marks and data (the "Content"), in any form including the compilation thereof, are protected by U.S. and international copyright law and conventions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the Content owned by LMHS or its licensors received through this website to anyone. Use, reproduction, copying, or redistribution of LMHSs logos or other marks is strictly prohibited without written permission from LMHS.

SECURITY

This Web site uses state-of-the art encryption software. Once medical information is received by us, it will be treated as confidential and given the same protection that all other LMHS medical records are given. However we cannot guarantee that information will be perfectly protected. Information will be transmitted over a medium that is beyond the control of LMHS and its affiliates. YOU HEREBY EXPRESSLY ASSUME THE SOLE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS SERVICE.

LINKS TO THIRD PARTY SITES AND CONTENT

This site may contain links to web sites and content operated by other parties. The links and content are provided for your convenience only. We do not control such web sites and we are not responsible for the content and performance of these sites. The inclusion of links to other web sites does not imply any endorsement of the material on the web sites or any association with their operators. LMHS does not operate, control or endorse any information, products or services provided by third parties through the internet. Your use of such sites is at your own risk including, without limitation, any risk associated with destructive viruses.

NO WARRANTIES

This site and all other sites hosted by LMHS, and the content contained herein and therein, are provided on an "as is" basis. LMHS makes no representations or warranties of any kind, express or implied, as to the operation of its sites, or the content, products or services included therein. To the fullest extent permissible by applicable law, LMHS disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and infringement. IN USING THE LMHS MYCHART WEBSITE, YOU AGREE THAT THE INFORMATION PROVIDED BY LMHS AND ITS LICENSORS ARE PROVIDED AS IS, AS AVAILABLE WITHOUT WARRANTY, EXPRESS OR IMPLIED, AND THAT YOU USE THE WEBSITE AT YOUR OWN RISK. YOU UNDERSTAND THAT MYCHART MAY NOT BE AVAILABLE TO USERS ALL OF THE TIME DUE TO SYSTEM FAILURES, BACK-UP PROCEDURES, MAINTENANCE, OR OTHER CAUSES BEYOND THE CONTROL OF LMHS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LMHS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU FURTHER AGREE THAT LMHS AND ANY OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE CONTENTS OF THE WEB SITE HAVE NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION OR CONTENT CONTAINED ON OR OTHERWISE ACCESSED OR PURCHASED THROUGH THE WEBSITE. LMHS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE OR ANY OTHER WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

JURISDICTION AND APPLICABLE LAWS

LMHS operates its website from its offices in Lee County, Florida. Although the website is maintained as primarily an informational service to persons residing in and around Lee County, Florida, the website can be accessed throughout the United States and throughout the world. Because the laws of each State or country may differ from those of Florida, by accessing this website both you and LMHS agree that the statutes and laws of the state of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating in any way to use of the website or information contained therein. You and LMHS also agree and hereby submit to the exclusive personal jurisdiction and venue of the State and Federal courts located in Ft. Myers, Lee County, Florida with respect to such matters.

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