GEORGIA REGIONAL ACADEMIC COMMUNITY HEALTH INFORMATION EXCHANGE AUTHORIZED USER AGREEMENT
IMPORTANT-READ CAREFULLY: This Georgia Regional Academic Medical Community Health Information Exchange (GRACHIE) Authorized User Agreement is a legal contract between you and GRACHIE, for access to GRACHIE. BY CLICKING THE “ACCEPT” BUTTON BELOW, OR BY OTHERWISE ACCESSING GRACHIE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT CLICK “ACCEPT” OR OTHERWISE ATTEMPT TO USE OR ACCESS GRACHIE.
1. I acknowledge and understand that GRACHIE facilitates making patient information (Data) available to authorized individuals and organizations for treatment and other permissible purposes, and that the health care provider (“Participant”) has entered into a Participation Agreement with GRACHIE and has designated me as an authorized user of Data of GRACHIE (“Authorized User”) on behalf of such Participant;
2. GRACHIE will agree to provide me with access to Data through GRACHIE only if I agree to the terms of this Authorized User Agreement;
3. By signing below, I agree to comply with all terms and conditions of access to Data under this Authorized User Agreement, the Participant’s Participation Agreement, all GRACHIE Policies and Standards, and applicable laws and regulations that may govern or affect my use of GRACHIE (collectively, the “Terms and Conditions”);
4. I understand that this is a binding agreement, and that my failure to comply with the Terms and Conditions of access and use of GRACHIE may be grounds for removal from GRACHIE, including without limitation, denial of my privilege to access Data through GRACHIE;
5. Where an individual is receiving treatment or health care services from a Participant (“Patient”)and I am the Participant’s Authorized User, I understand that I may access GRACHIE only to obtain Data to provide or facilitate treatment for Participant’s Patients and may not use GRACHIE for any purposes that are outside the scope of my responsibilities and duties with Participant. I understand that the information about a Patient contained in GRACHIE may not be the Patient’s full medical history and that it is my responsibility to obtain a full history on each Patient that I treat;
6. This Authorized User Agreement grants to me a non-exclusive, non-transferable right to use GRACHIE which is specific to ME, and I may not share, sell or sublicense this right with anyone else, nor change, reverse engineer, disassemble or otherwise try to learn the source code, structure or ideas underlying GRACHIE’s software or introduce a virus to GRACHIE, nor connect or install unauthorized or uncertified equipment, hardware or software or improperly use the hardware or software relating to the use of GRACHIE;
7. As an Authorized User, I may have access to Data that includes protected health information (PHI) that is subject to confidentiality, privacy and security requirements under state and federal law and regulations including but not limited to HIPAA, and I hereby specifically and expressly agree that I will only access Data consistent with my access privileges, and pursuant to all requirements under the Terms and Conditions;
8. I understand that I have an obligation to maintain the confidentiality, privacy and security of the Data that I access through GRACHIE, and that I will not disclose any Data except as required for the performance of my duties as an employee or agent of Participant and subject to all terms of this Authorized User Agreement;
9. At any time after my employment/business relationship with the Participant has ended, I agree to keep confidential any and all information which I obtained as a result of my access to GRACHIE;
10. I will not access or view any information other than what is required for the performance of my duties as an employee/agent of Participant, and will otherwise access or use GRACHIE only for legitimate business purposes and not for conducting unlawful activities or any personal business;
11. I will not make any unauthorized copies of Data, and will not save any GRACHIE related information to portable media devices including USB devices, floppies, ZIP disks, CDs, PDAs, and other devices;
12. I will not email any Data to another email account, except as expressly provided for in the secure network messaging environment provided by GRACHIE;
13. I acknowledge that I am responsible for all usage on my accounts, and that my account usage may be monitored at any time;
14. I agree to notify GRACHIE and Participant immediately if I become aware or suspect that another person has access to my authentication code or password, and if I have reason to believe that the confidentiality of my password is broken or believe that there has been a misuse of Data, I will immediately contact the GRACHIE Security Officer at (478) 553-2498;
15. I agree to log out of GRACHIE before leaving my workstation to prevent others from accessing GRACHIE;
16. I agree never to access Data for “curiosity viewing,” which includes accessing Data of my family members, friends, or coworkers, celebrities, public figures etc., unless access is necessary to provide services to a Patient with whom I or the physician(s) with whom I work has a direct relationship with;
17. I will, to the best of my ability, ensure that Data submitted or received through GRACHIE is accurate and agree not to insert or enter any information into the GRACHIE, including through the Participant’s electronic health record that I know is not accurate;
18. I acknowledge and agree that GRACHIE and Participant have the right at all times, including without my consent or notice, to monitor, access, review, audit and disclose my access to and use of GRACHIE in order to ensure compliance with the terms of this Authorized User Agreement and the applicable Terms and Conditions, including the ability to access any hardware or software located at my office, home, or any other site from which I accessed GRACHIE;
20. In the event that I breach any of the Terms and Conditions, I agree to indemnify and hold harmless GRACHIE, its subsidiaries, affiliates, and its successors and assigns against and from any and all claims, demands, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney’s fees arising out of, connected with or resulting from such unlawful use; and
21. I acknowledge and agree that I have completed all required training regarding GRACHIE, including training on the permissible and prohibited practices related to the access and use of GRACHIE, and agree to abide by all information covered during such training;
22. This Authorized User Agreement will be in effect from the time it is signed until GRACHIE or Participant terminates my status as an Authorized User, I violate the terms of this Authorized User Agreement, or the Participation agreement is terminated. Any terms of this Authorized User Agreement necessary to protect GRACHIE and the Data will survive this termination.
23. I ACKNOWLEDGE THAT MY GRACHIE AUTHENTICATION CODE AND PASSWORD IS THE LEGAL EQUIVALENT OF A SIGNATURE AND THAT I WILL NOT DIVULGE OR RELEASE OR SHARE MY AUTHENTICATION CODE OR PASSWORD WITH ANY OTHER PERSON, INCLUDING ANY EMPLOYEE OR PERSON ACTING ON MY BEHALF, AND SHALL NOT PERMIT OR AUTHORIZE ANYONE ELSE TO ACCESS GRACHIE UNDER MY AUTHENTICATION CODE OR PASSWORD, AND FURTHER AGREE NOT TO USE OR RELEASE ANYONE ELSE’S AUTHENTICATION CODE OR PASSWORD.
24. Any controversy or claim arising out of or relating to this Authorized User Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue for any dispute relating to this Authorized User Agreement shall be proper in Washington County, GA.
I have read and understand the GRACHIE user Agreement.