MedGrid, LLC | Patient-Facing Services
These Patient Terms of Use and Informed Consent to Telehealth (these "Terms") apply when you, as a patient, use the patient-facing features of the MedGrid platform, including the provider directory, intake, telehealth, and product ordering features. By using these features, you agree to these Terms and provide the consents described below. You must be at least eighteen (18) years of age to use the patient-facing features.
MedGrid, LLC ("MedGrid") operates a technology platform. MedGrid does not practice medicine and does not provide medical care. Medical services are provided by independent licensed providers, who are solely responsible for the care they provide. [Confirm the identity of the telehealth provider entity and its relationship to MedGrid; the deck and the Physician agreement refer to "BridgeMed" as the telehealth provider, while the client described BridgeMed as an advisory and marketing group. This must be reconciled before launch.] Any product is dispensed by an independent pharmacy or sold by an independent vendor.
2.1 Nature of Telehealth. Telehealth involves the use of electronic communications to enable a provider to evaluate, diagnose, and treat you remotely. You consent to receive care through telehealth where the provider determines it is appropriate.
2.2 Benefits and Risks. Telehealth may improve access and convenience, but it has limitations. A remote evaluation may not be as complete as an in-person visit, technology may fail, and in some cases the provider may determine that telehealth is not appropriate and that an in-person visit is necessary. You understand these limitations and risks.
2.3 Prescribing. Any prescription is issued in the provider's independent professional judgment and in compliance with applicable law, including any in-person evaluation requirements. No controlled substance will be prescribed except in compliance with the Ryan Haight Act and applicable state law.
2.4 Right to Withdraw. You may withhold or withdraw consent to telehealth at any time without affecting your right to future care.
The Services are not for medical emergencies. If you are experiencing a medical emergency, call 911 or go to the nearest emergency department. Do not use the Services to seek emergency care.
You agree to provide accurate and complete information about your health, to follow the provider's instructions, and to use the Services only for yourself. You are responsible for the security of your account credentials.
Products ordered through the Services are dispensed by independent pharmacies or sold by independent vendors and are subject to the applicable Return and Refund Policy. You authorize charges to your selected payment method for products and services you obtain. Many compounded, prescription, and biologic products are not returnable for safety and regulatory reasons.
Your health information is handled in accordance with the Notice of Privacy Practices provided by your treating provider and, for information that is not protected health information, the MedGrid Privacy Policy and, for Washington residents, the Consumer Health Data Privacy Policy. Where MedGrid handles protected health information on behalf of a provider, it does so as a business associate under HIPAA.
THE PLATFORM IS PROVIDED WITHOUT WARRANTY TO THE FULLEST EXTENT PERMITTED BY LAW. MEDGRID IS NOT LIABLE FOR THE MEDICAL CARE PROVIDED BY ANY PROVIDER OR FOR ANY PRODUCT DISPENSED OR SOLD BY ANY PHARMACY OR VENDOR. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDGRID'S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO MEDGRID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTHING IN THESE TERMS LIMITS ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
These Terms are governed by the laws of the State of Delaware. Before initiating any proceeding, you and MedGrid shall attempt in good faith to resolve the dispute through negotiation for thirty (30) days, then non-binding mediation administered by JAMS in Miami Beach, Florida. If unresolved, the dispute shall be submitted to final and binding arbitration administered by JAMS before a single arbitrator in Miami Beach, Florida. To the fullest extent permitted by law, all disputes shall be resolved on an individual basis, and you and MedGrid each waive any right to a jury trial and to participate in any class or representative proceeding. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in a court of competent jurisdiction. [Consider a provision allowing patients to elect arbitration in their home county; a distant forum in consumer terms can be challenged as unconscionable.]