AndHealth Providers’ Medical Services Terms of Use

Effective Date: November 1, 2021
Updated Date: January 16, 2024

This AndHealth Providers’ Medical Services Terms of Use (“Medical Services Terms”) governs your use of the medical and coaching services (“Provider Services”) provided by the medical practices affiliated with AndHealth LLC (“AndHealth”), including without limitation AndHealth Providers, P.C. and other affiliated professional corporations (collectively “AndHealth Providers”). Please read these Medical Services Terms carefully before using the Provider Services.

AndHealth provides management and technology services and support to AndHealth Providers, including membership and non-medical services to consumers (“Membership Services”), and this Terms of Use govern your use of the Membership Services provided by AndHealth. Please read the Terms of Use carefully before using AndHealth’s Membership Services.

By clicking the “check box” on www.andhealth.com and other affiliated websites (collectively, the “Site”), and the mobile application (“App”) as the registered user, or by signing below as either the patient or patient’s legal representative, guardian, conservator, or custodian of a minor child (under 18 years of age, except as otherwise permitted by the laws of the state in which the patient is located) or other person lacking the ability to consent (collectively “You”), You acknowledge that you have read, accepted, and become legally bound to the terms and conditions set forth below, including in the Telehealth Services Consent contained herein. The terms “You” or “you” shall also mean the patient or recipient of health care services.

Please refer to our Notice of Privacy Practices to learn how AndHealth Providers collects, uses, shares and protects your Protected Health Information (“PHI”) (as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”)).

DO NOT USE THE PROVIDER SERVICES, INCLUDING THE TELEHEALTH SERVICES, FOR EMERGENCY OR LIFE-THREATENING MEDICAL MATTERS. FOR ALL LIFE THREATENING MATTERS, IMMEDIATELY CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM.

1. Updates to the Medical Services Terms

AndHealth Providers may, in its sole discretion, without prior notice to You, revise these Medical Services Terms at any time. Should these Medical Services Terms change materially, AndHealth Providers will update the “Effective Date” noted above with an “Updated Date” and post a notice regarding the updated Medical Services Terms. If You do not agree with the proposed changes, You should immediately discontinue your use of the Provider Services. If You continue using the Provider Services after the Updated date, you will be bound by the updated Medical Services Terms.

2. Permission to Treat

You give AndHealth Providers permission to care for You. You may withdraw this consent at any time by no longer seeking Provider Services from AndHealth Providers. You understand that if you refuse recommended medical care, you will not hold AndHealth Providers, any of its staff or physicians, or any other practitioner (each an “AndHealth Practitioner”) responsible for any consequences of your refusal of care.

You understand and agree that as part of providing Provider Services to You, your PHI may be released to an online personal health record and via communication with AndHealth Practitioners electronically (in accordance with our Notice of Privacy Practices).

3. Service Termination

You may terminate your use of the Provider Services at any time by not using the Provider Services anymore. We may terminate Your use of the Provider Services at any time in our reasonable discretion, for causes including but not limited illegal conduct such as falsifying information to obtain controlled substances, abusive and threatening behavior, and continued refusal to pay for our services. We may terminate Your use of the Provider Services by sending notice to You at the mail or email address you provided to us or by otherwise contacting You. No refunds will be issued if the Provider Services are terminated.

4. Consent to Electronic Communications

The Consent to Communications outlines the ways that AndHealth Providers will communicate with you. Please review it carefully before using the Provider Services.

5. Disclaimers

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE, ANDHEALTH PROVIDERS, ANDHEALTH LLC, AND OUR AFFILIATES, PARTNER PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE PROVIDER SERVICES.

Any general advice that may be posted on the Site or App is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Provider Services. If you have specific concerns or a situation arises in which you require medical advice, You should consult with an appropriately trained and qualified medical services provider.

The Provider Services are intended for use only within the United States and its territories. We make no representation that the Provider Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Provider Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

6. Limitation of Liability

TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE, ANDHEALTH PROVIDERS, ANDHEALTH, AND OUR AFFILIATES, PARTNER PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE PROVIDER SERVICES OR FROM THE USE OF OR INABILITY TO USE THE PROVIDER SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. Telehealth Services Consent

AndHealth Providers may directly provide Provider Services to You using virtual technology when the AndHealth Practitioner and patient are not in the same physical location, and/or deliver health care services virtually, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis or treatment and coaching (the “Telehealth Services”). Telehealth may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-“real time”) interactions via audio, video, text, interactive questionnaire, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. You understand that virtual encounters required to receive Telehealth Services via phone, email, video, or otherwise, could involve certain limitations and risk, such as unauthorized disclosure of PHI, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters may involve care by a variety of types of AndHealth Practitioners, including physicians, coaches, registered nurses, nurse practitioners, physician assistants, and other support or medical personnel in accordance with applicable laws and regulations.

Unless You object, You give permission to AndHealth Providers to record and process Your personal details and medical data generated during the provision of Telehealth Services. You may withdraw these permissions at any time by no longer seeking Telehealth Services from AndHealth Providers.

8. Use of the Telehealth Services, Telehealth Services Consent

You agree to the following terms with respect to use of the Telehealth Services:

• You understand that there may be possible risks and limitations of the Telehealth Services, including that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Site or App may not be sufficient or of too poor of image quality, or there may be insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare, or emergency services. If Your health or medical problem or condition persists after use of the Telehealth Services, you will immediately contact your primary medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.
• You understand that in rare circumstances, security protocols could fail, causing a breach of privacy that allows unauthorized persons access to your PHI.
• You agree NOT to use the Site or App using an unsecured public Wi-Fi or other unsecure electronic communication.
• You agree NOT to record any audio or visual communication transmitted via the Site or App, including Telehealth Services.
• You understand that you are responsible for providing accurate information through the Site or App, including demographics and location information, medical histories, medication use, current adverse conditions, financial information, and keeping all such information current.
• You agree to follow all recommendations, protocols and other instructions provided by AndHealth or AndHealth Providers concerning the use of the Site or App and by AndHealth Providers concerning the Telehealth Services.

9. General Provisions

• These Medical Services Terms, including the Telehealth Services Consent, make up the entire agreement relating to your use of the Provider Services, and supersede all prior agreements relating to the subject matter hereof.
• We may change, suspend, or discontinue any of the Provider Services at any time. We will try to give you prior notice of any material changes to the Provider Services. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Provider Services.
• These Medical Services Terms do not confer any third-party beneficiary rights upon anyone other than You. You may not transfer any of your rights or obligations under these Medical Services Terms to anyone else without our consent. AndHealth Providers may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise without Your consent.
• Once an episode of care has begun or Provider Services have been paid for in full, there is no entitlement to a refund.
• Even after termination, these Medical Services Terms will remain in effect such that all terms that by their nature may survive termination will survive such termination.

If you have any questions about these Medical Services Terms, please contact [email protected].