Authorized user agreement
Please read carefully. In agreeing to the terms and conditions of this Agreement you are entering into a binding legal agreement with Novari Health (Novari).
Novari operates and provides access to the Novari eRequest™ application in order for participating healthcare professionals or healthcare organizations and their authorized users to have a single access point for various referrals (the “Application”). Participating healthcare professionals and participating organizations have entered into an agreement with Novari in order to utilize the Application (each a “Participant”)
I am: (i) an independent health care professional Participant, (ii) the Agent, as that term is defined under PHIPA, of a health care professional Participant or (iii) the Agent of a health care organization Participant and I wish to have access to the Novari eRequest™ application in order to provide and/or receive referrals within the Application.
I acknowledge that in being granted access to the Application, Novari is granting me a non-exclusive License (the “License”) to access and use the Application in accordance with the terms and conditions of this Agreement. In being granted access to the Application, I may have access to personal health information (“PHI”) relating to patients of one or more health information custodians (“HICs”) who are Participants.
In connection with the foregoing and in consideration of my access to the Application, by clicking on the “I agree” button below, I agree as follows:
- I represent and warrant that I am a Participant or that the Participant with whom I work has authorized me to access PHI through the Application. I will only access the Application to the extent permitted by the Participant.
- I will only access PHI for the purposes of providing and/or receiving referrals relating to patients of the Participant, and only as necessary to fulfill my role and duties.
- In using the Application, I will abide by Novari policies and procedures governing the Application, as amended from time to time, as well as applicable legislation, including the Personal Health Information Protection Act, 2004 (“PHIPA”).
- I will keep confidential any and all PHI to which I have had access in the performance of my duties.
- I will participate in any required training on the Application.
- As part of registering to use the Application, I will provide accurate and complete information to Novari and will promptly notify Novari in a timely manner of any changes to that information.
- I will keep my computer access codes (user name and password) and/or access devices secure and will not share them with others and will promptly log out of the Application when leaving my workstation.
- I am responsible for obtaining and managing patient consent in accordance with applicable legislation. I understand that the Application does not provide functionality to support withdrawal of consent or consent directives (i.e. Lock Box) pursuant to section 19 of PHIPA and it is my obligation to identify in the referral if there are any restrictions or limitations on that consent, including, but not limited to, fulfilling my responsibilities as a HIC or as an Agent of a HIC, as the case may be, pursuant to subsection 20(3) of PHIPA;
- The Application does not function as a persistent patient record and PHI held in the Application database will not be retained.
- It is my responsibility to copy and securely transfer any referral information/PHI required to be maintained by the Participant to meet legal requirements for storing and retaining patient records.
- I will only print or otherwise copy PHI from the Application in order to support the provision of care for those patients for whom I am responsible. I understand that the Participant is a HIC in relation to any PHI collected through the Application, with all of the obligations of a HIC under PHIPA.
- I will notify Novari if I become aware of any potential security or privacy breaches, and in any event, immediately upon transferring my position or leaving the organization.
- I will not circumvent the security features designed into the system.
- I will not attempt to disable, reverse engineer, “hack” or otherwise interfere with the proper functioning of the Application.
- I will not upload to or transmit from the Application any data, file or software that contains a virus, Trojan horse, work or other harmful component.
- I will not use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Application in whole or in part.
- I will not use the Application for spamming, advertising, or other bulk message transmission.
- I will not impersonate anyone or falsely represent an affiliation with any Participant.
- I acknowledge that the Application (including without limitation all its content) is provided on an “as is where is” basis, and any use of or reliance on the Application shall be at my own risk. I further acknowledge that I have the sole responsibility to take reasonable and appropriate precautions to guard against viruses or other destructive elements.
- I will hold Novari harmless from all claims, actions or demands and losses or damages resulting from: (i) the use of the Application and any content made available through the Application; (ii) any claims of infringement of intellectual property rights arising out of the Application or any content made available through the Application; and/or (iii) any activity related to my account (including if my account is used by someone else with or without my approval) and resulting from my breach of these terms and any other matter regarding the Application.
I UNDERSTAND that each and every access to the Application is electronically captured and logged. Random, as well as targeted audits are conducted on a regular basis. Should a potential breach of the Novari policies be suspected, a formal breach investigation will be initiated and my access rights to the Application may be temporarily suspended pending the outcome of the investigation.
I UNDERSTAND that failure to abide by the above terms and conditions will result in the withdrawal of access privileges to the Application.