English
Terms & Conditions
Terms of Use
Patient Agreement
Consent to Treatment Using Telehealth Technology
Consent to Receive Communications by Email and Text Message
Refund Policy
The following terms and conditions (the Terms of Use) govern the use by you the Patient (I, Me, My, You,and Your) of the Practice's (defined below) website at PrimaryCarePsychiatry.com, any mobile device application and any other technology platforms and resources (collectively, Sites) provided by Primary Care Psychiatry, PLLC (the Practice). These Terms of Use also govern Your access to and use of the Services (defined below) furnished by the Practice and its Provider (defined below). You and the Practice may be referred to herein individually as a Party and collectively as the Parties.
By clicking the box beside "I have read and agree to the Terms & Conditions," and/ or clicking the box beside "I have read and understand the information above,” and/ clicking the box "I Agree," You acknowledge that You have read, understand, and accept all terms and conditions contained within these Terms of Use, and Consent to Treatment Using Telehealth Technology. If You do not agree to be bound by these terms, You are not authorized to access or use this Site or Services; promptly exit this Site.
1. General Terms.
The Practice engages a healthcare provider (Provider). The Practice and its Provider use the Sites to assist them in providing their patients various health care services through the use of telehealth technology (collectively, Services).
To the extent that any content of or obtained through the Sites is in conflict or inconsistent with these Terms of Use, these Terms of Use shall control. Any express waiver or failure to exercise promptly any right under these Terms of Use by the Practice will not create a continuing waiver or apply to any future non-compliance. If any provision of these Terms of Use is held invalid under applicable laws or by any court of competent jurisdiction, the Parties agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of these Terms of Use will remain in full force and effect.
2. Services.
No Medical Care or Advice by the Practice
The Practice offers an online communication platform for the Provider and their patients to connect via the Site through the use of synchronous and asynchronous telecommunications technologies. The Site facilitates communication between patients and Provider.
The Practice does not provide medical advice or care. The Provider delivers clinical services via the Practice's platform to their patients. The Provider, and not the Practice, is responsible for the quality and appropriateness of the care they render to You.
The Provider is independent of the Practice and is merely using the Site as a way to communicate with You. Any information or advice received from a Provider comes from them alone, and not from the Practice. Your interactions with the Provider via the Site are not intended to take the place of Your relationship with Your regular health care practitioners or primary care physician. Neither the Practice, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any professional advice obtained from a Provider via the Site or Service, nor any information obtained on the Site. The Practice does not recommend or endorse any specific Provider, tests, physicians, medications, products, or procedures. You acknowledge that Your reliance on any Provider or information delivered by the Provider via the Site or Service is solely at Your own risk and You assume full responsibility for all risks associated herewith.
The Practice does not make any representations or warranties about the training or skill of any Provider who delivers Services via the Site. You will be provided with an available Provider based solely on the information You submit to the Site. You are ultimately responsible for deciding to accept the Services of Your particular Provider.
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by the Practice. You should always seek the advice of Your qualified health care professionals with any questions or concerns You may have regarding Your individual needs and any medical conditions. All information provided by the Practice, or in connection with any communications contacted by the Practice, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While the Practice facilitates Your selection of, and communications with, Providers, the Practice does not provide medical services, and the doctor-patient relationship is between You and the Provider.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, OR YOU ARE IN CRISIS, YOU SHOULD DIAL 911 IMMEDIATELY.
The Practice's Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Site. If You believe You have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with Your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions You have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Risks of Telehealth Services
By using the Services, You acknowledge the potential risks associated with telehealth services. These include but are not limited to the following: information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate medical or health care decision making by the Provider; delays in evaluation or treatment could occur due to failures of electronic equipment; a lack of access to Your medical records may result in adverse drug interactions or allergic reactions or other judgment errors; although the electronic systems the Practice uses incorporate network and software security protocols to protect the privacy and security of health information, those protocols could fail causing a breach of privacy of Your health information.
Prescription Policy
The Practice does not endorse any specific medication, pharmacy, or pharmacologic product. If a Provider prescribes a medication, he/she will limit supply based upon state regulations and will only prescribe a medication as determined in his/her own discretion and professional judgment. There is no guarantee a prescription will be written. The Provider does not prescribe DEA controlled substances or scheduled medications, or certain other drugs which may be harmful because of their potential for abuse. A Provider reserves the right to deny care for actual or potential misuse of the Services.
You agree that any prescriptions that You acquire from a Provider will be solely for Your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if You have any questions regarding the prescription. The Practice fully honors patient freedom of choice and, if You receive a prescription for a medication, You always have the option to instruct the Provider to transmit that prescription to the pharmacy of Your choice.
Not an Insurance Product
The Practice is not an insurer. The Services are not insurance products, and the amounts You pay to the Practice are not insurance premiums. If You desire any type of health or other insurance, You will need to purchase such insurance separately.
THE SERVICES ARE AVAILABLE ONLY TO RESIDENTS OF 6 STATES OF THE UNITED STATES. THESE 6 STATES INCLUDE NEW YORK, NORTH CAROLINA, FLORIDA, TEXAS, NEW MEXICO AND NEVADA.
THE PRACTICE DOES NOT ACCEPT INSURANCE OR PARTICIPATE IN ANY INSURANCE NETWORKS OR REIMBURSEMENT PROGRAMS AND IS NOT ABLE TO OFFER SERVICES TO MEDICARE OR MEDICAID BENEFICIARIES AT THIS TIME. THE PRACTICE REQUIRES PAYMENT AT THE TIME OF SERVICE AND WILL NOT BILL INSURANCE OR ACCEPT REIMBURSEMENT FROM INSURANCE OR THE MEDICARE OR MEDICAID REIMBURSEMENT PROGRAMS.
3. Your Obligations and Conduct.
You must: (a) be of legal age and have capacity to agree to these Terms of Use under the laws of the jurisdiction where You are located; (b) provide accurate, current, and complete information about You if You register to access the Services; (c) maintain the security of any password and identification information used to access the Sites; (d) maintain and promptly update the Registration Data and any information You provide to the Practice or its Provider to keep such information accurate, current and complete; and (e) acknowledge and accept the risk of loss, damage or unauthorized access of information and Registration Data submitted through or in connection with the Sites before submitting such information and Registration Data.
You must use the Sites in a manner that is lawful, relevant and proper. Any use of the Sites that the Practice deems in its sole discretion to be inappropriate, abusive and/or offensive may result in suspension and/or termination of Your access to the Sites with or without notice. Specifically, without limitation, You will not:
1. Use the Sites for any purpose that is in violation of applicable laws;
2. Create an account or accounts on the Sites for fraudulent purposes, or for the purpose of misusing the Sites, including without limitation misappropriating the Sites or any information on the Sites;
3. Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or content that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of the Sites or any Practice or Provider device, computer system or network;
4. Attempt to gain unauthorized access to the Sites, other patient accounts, or the Practice or Provider devices, computer systems or networks connected to the Sites;
5. Impersonate another person or allow any other person or entity to impersonate You or use Your credentials to access the Sites;
6. Access, download, or copy any information, content and/or materials from the Sites through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means); or
7. Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Sites.
4. Intellectual Property Rights.
The Practice grants You permission (which may be revoked at any time for any reason or no reason) to use the Sites in accordance with these Terms of Use and solely for Your own personal, non-commercial use. No other use is permitted. You may not, for example, incorporate the information, content, or other material on the Site into any database, compilation, archive or cache. Except as specifically authorized by the Practice, You may not link to the Sites for any purpose or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. The Practice reserves all of its statutory and common law rights not expressly granted pursuant to the Terms of Use in and to the Sites and materials and content on the Sites. You may not frame to any pages of the Sites or any content contained therein, whether in whole or in part, without the prior written consent of the Practice. The Practice encourages and appreciates when You like or follow the Practice's social media accounts or share links to the Site via social networking technology referenced on the Sites.
The Practice's Trademarks means all names, marks, brands, logos, designs, trade dress, slogans and other designations of the Practice used in connection with its products and Services, including the Sites. You may not remove or alter any Practice Trademarks, or use the Practice's Trademarks in any way, including to brand or co-brand Your own products or materials, without the Practice's prior written consent. You acknowledge the Practice's rights in the Practice's Trademarks and agree that any use of the Practice's Trademarks by You shall inure to the Practice's sole benefit.
Unless expressly stated herein, nothing in these Terms of Use shall be construed as conferring any license to the Practice's intellectual property rights, including the Practice's Trademarks and the Practice's copyrighted materials contained on the Sites. You are permitted to display, copy, distribute and download content owned by the Practice from the Sites (the Content) provided that: (a) the Practice's copyright notice pertaining to the Content remains conspicuously visible on the Content, and a permission notice (e.g., used with permission) is added to such Content; (b) the use of such Content is solely for Your personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as expressly permitted by valid permission or license covering such materials provided by the Practice in writing; and (d) You do not modify such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in these Terms of Use. Upon termination, You must immediately destroy all copied, downloaded and/or printed Content.
5. Disclaimer of Warranties.
USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN AS IS, AS AVAILABLE, AND WITH ALL FAULTS BASIS. THE PRACTICE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE PRACTICE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, AVAILABILITY OR COMPLETENESS OF THE SITES INCLUDING THE INFORMATION, SERVICES AND CONTENT.
THE PRACTICE MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PUBLISHED ON, REPRESENTED IN, PURCHASED OR OBTAINED FROM THE SITES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITES WILL BE CORRECTED, EVEN IF THE PRACTICE IS MADE AWARE OF SUCH ERRORS.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE AND LOSS OR DAMAGE TO DATA ON YOUR COMPUTER SYSTEM OR DEVICE IN CONNECTION WITH ACCESSING THE SITES, AND ANY DAMAGE OR LOSS OF DATA THAT YOU UPLOAD TO OR OTHERWISE TRANSMIT TO THE SITES AND OTHERWISE THAT RESULTS FROM VIEWING OR OBTAINING ANY CONTENT, INFORMATION OR SERVICES FROM THE SITES, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
6. Limitation of Liability.
YOU ACKNOWLEDGE THAT THE PRACTICE HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER OR PROVIDER ON OR OFF THE SITES AND THAT THE PRACTICE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ITS PROVIDER. YOU ACKNOWLEDGE THAT THE PRACTICE IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITES, OF ANY USER OR PROVIDER. AS SUCH, THE PRACTICE EXPRESSLY DISCLAIMS, AND YOU HEREBY RELEASE AND HOLD HARMLESS THE PRACTICE FROM ALL LIABILITY WHATSOEVER ARISING FROM OR IN CONNECTION WITH CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES THAT ARE IN ANY WAY RELATED TO THE SITES AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY ACTS AND/OR OMISSIONS OF USERS, THE PRACTICE OR ITS PROVIDER ON OR OFF THE SITES.
TO THE FULL EXTENT PERMITTED BY LAW, THE PRACTICE DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITES AND THE SERVICES, EVEN IF THE PRACTICE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITES; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PRACTICE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO THE PRACTICE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
YOU AND THE PRACTICE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR AND ARE A MATERIAL INDUCEMENT ON THE PART OF EACH PARTY TO ENTER INTO THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT. YOU AND THE PRACTICE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
7. CAN-SPAM Act and Telephone
The Practice is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAM-SPAM ACT) and the Telephone Consumer Protection Act (TCPA). By clicking the box beside "I have read and agree to the Terms & Conditions", and/ or clicking the box beside "I have read and understand the information above,” You acknowledge that You consent to receive text messages and emails from the Practice. Emails, newsletters, and text messages received from the Practice are intended to fully comply with the CAM-SPAM ACT and the TCPA. In the event You receive an email or text message from the Practice which You do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact the Practice immediately at [insert link].[C1]
You shall not use or permit any of Your employees, agents, or affiliates to market, promote, or solicit the Practice's products or services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (spamming); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold the Practice and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold the Practice and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against the Practice or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
8. Indemnification.
You will indemnify, defend, and hold harmless the Practice and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, and other customers from and against any and all third party claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs incurred by the Practice to defend against the foregoing, arising from or in connection with Your (a) acts and/or omissions on or off the Sites; (b) violation of any rights of another, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Sites; (c) breach of these Terms of Use; (d) disputes with or between other users of the Sites; (e) use and/or misuse of the Sites; (f) inaccurate, untimely, incomplete or misleading Registration Data; (g) use of links to third party websites, including without limitation such website’s availability, terms of use, privacy policy, information, content, materials, advertising, products and/or services; or (h) use of any services or products or any contracts or arrangements made or provided based on information, Content and/or materials obtained on or through the Sites. You will cooperate as requested by the Practice in the defense of such claims. The Practice reserves the right to assume the exclusive defense and control of any matter for which You are obligated to provide indemnification. You shall not, in any event, settle any claim or matter on behalf of the Practice without the prior written consent of the Practice.
9. Arbitration.
Any disputes between You and the Practice regarding these Terms of Use (each a Dispute) will be governed by this Section. YOU ACKNOWLEDGE AND AGREE THAT THE EXCLUSIVE FORM OF RESOLUTION OF DISPUTES IS BINDING ARBITRATION AND THAT BY ACCESSING AND USING THE SITES THAT YOU ARE WAIVING ANY RIGHT YOU HAVE TO A TRIAL BY JURY UNDER APPLICABLE LAWS.
All Disputes will be resolved in accordance with the Consumer Arbitration Rules of the American Arbitration Association (AAA). Copies of the Consumer Arbitration Rules may be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800- 778-7879.
If there is a conflict between the Consumer Arbitration Rules and these Terms of Use then the terms and conditions of these Terms of Use control. This arbitration provision must be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. 1 et seq.
The Parties will attempt to agree on a single arbitrator using the AAA procedures. If agreement is not possible, each Party will select its own arbitrator. Each Party’s arbitrator will jointly confer and select a single arbitrator. That single arbitrator will preside over the arbitration of the Dispute.
The Arbitrator's Decision: The arbitrator must base his or her decision on the evidence presented and according to these Terms of Use and applicable laws, including statutory and judicial authority. The arbitrator may award the same damages and relief on an individual basis that a court might award to an individual under these Terms of Use and applicable law. The arbitrator must issue a written decision, which must contain the essential findings and conclusions on which the decision is based. The arbitrator's decision is final and binding upon all Parties and judgment to enforce the arbitrator's decision may be entered by any court of competent jurisdiction.
Individual Claims Only: YOU AND THE PRACTICE AGREE THAT EACH OF US MAY BRING CLAIMS, SUITS, ACTIONS OR CAUSES OF ACTION AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. HOWEVER, A REPRESENTATIVE CLAIM (BUT NOT A CLASS ACTION) MAY BE BROUGHT IN ARBITRATION WHERE OTHERWISE MANDATED BY LAW. UNLESS YOU AND THE PRACTICE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING. ALSO, EXCEPT AS MANDATED BY LAW, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). EXCEPT AS MANDATED BY LAW, ANY RELIEF AWARDED CANNOT AFFECT OTHER PARTIES.
Location of the Arbitration Hearing: There may be a hearing as a part of the arbitration process. If that is the case, the arbitration hearing will be conducted at a location that is reasonably convenient to all Parties with due consideration of their ability to travel and other pertinent circumstances.
10. Notices; modification and termination of services; amendment of terms.
You agree to receive notices relating to these Terms of Use via email, regular mail, or posting notices or links to notices on the Sites. The Practice reserves the right at any time to modify, suspend or terminate the Sites (or any part thereof), and/or use of or access to them, with or without notice. The Practice may also delete, or bar access to or use of, all or any part of the Content. The Practice will not be liable to You for any modification, suspension, or termination of Sites, or loss of related information. The Practice may amend these Terms of Use at any time by posting the amended terms on one or more Sites.
11. Governing Law.
This Agreement shall be governed by and construed in accordance with the substantive laws, without regard to choice-of-law rules, of the State of New York, North Carolina, Florida, Texas, New Mexico, Navada
Entire agreement
These Terms of Use constitute the entire agreement between You and the Practice relating to their subject matter, and cancel and supersede any prior versions of these Terms of Use. You may not assign or otherwise transfer Your rights or obligations under these Terms of Use to any other party. Additional terms and conditions may apply to use of third-party items or services offered on or in connection with the Sites.
By clicking the box beside "I have read and agree to the Terms & Conditions," and/ or clicking the box beside "I have read and understand the information above,” and/ clicking the box "I Agree," You acknowledge that You have read, understand, and accept all terms and conditions contained within these Terms of Use, and Consent to Treatment Using Telehealth Technology. If You do not agree to be bound by these terms, You are not authorized to access or use this Site or Services; promptly exit this Site.
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Primary Care Psychiatry, PLLC
Patient Agreement
This Patient Agreement (the Agreement) is entered into by and between Primary Care Psychiatry, PLLC (the Practice) and the person seeking care with Primary Care Psychiatry, PLLC (Patient). The Practice and the Patient may be individually referred to as a Party and, collectively, as the Parties.
Recitals
WHEREAS, the Practice desires to provide virtual, routine, ambulatory mental health services and medical services, through its medical provider (the Provider) to the Patient (the Services); and
WHEREAS, the Patient desires to receive Services from the Practice;
THEREFORE, the Practice and Patient are entering into this Agreement to facilitate the Practice's provision of Services to Patient.
Practice Duties
Patient Duties
Payment
Patient agrees to remit payment, in U.S. dollars, for Services to the Practice upon start of scheduled appointment. Services shall be billed as follows:
Length of Service
Cost to Patient
90-minute new patient intake session
$500
60-minute new patient intake session
$300
30-minute established patient session
$200
15-minute established patient session
$100
By clicking the box beside "I have read and agree to the Terms & Conditions," and/ or clicking the box beside "I have read and understand the information above,” and/ clicking the box "I Agree," You acknowledge that You have read, understand, and accept the terms and conditions of this Agreement.
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PRIMARY CARE PSYCHIATRY, PLLC
Consent to Treatment Using Telehealth Technology
Consent to Receive Communications by Email and Text Message
Refund Policy
IMPORTANT NOTICE: DO NOT USE THESE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL 911 IMMEDIATELY AND/OR GO TO THE NEAREST EMERGENCY ROOM.
1. Services Provided.
Primary Care Psychiatry, PLLC is a primary care mental health and medical practice (the Practice) that engages a health care provider (Provider) and uses technology platforms to assist them in providing their patients various health care services through the use of Telehealth Technology (defined below). The Provider is solely responsible for all health care decisions.
The Practice and its Provider furnish health care services via telehealth technology, including the use of synchronous (real-time, two-way) and/or asynchronous (recorded, store-and-forward) audio-visual electronic communications technology to enable a health care provider and a patient at different locations to communicate and share individual patient health information for the purpose of rendering or receiving clinical health care services (Telehealth Technology). This Consent to Treatment Using Telehealth Technology describes the benefits, risks, and limitations of using Telehealth Technology and gives you the Patient (I, Me, My, You, and Your) an opportunity to provide Your consent to treatment by the Practice and its Provider via Telehealth Technology.
The services offered by the Practice and its Provider through Telehealth Technology may include appointment scheduling, intake documents and questionnaires, patient evaluation, assessment, diagnosis, treatment recommendation, education, care management, issuing prescriptions and orders, and/or a referral to in-person care, as determined clinically appropriate by the Provider (the Services). The Provider is a physician specializing in internal and psychiatric medicine.
The Practice offers Services in 6 states of the United States. These 6 states are New York, North Carolina, Florida, Texas, New Mexico, and Nevada
The Practice only provides Services virtually.
2. Risks and Benefits of Telehealth Technology.
A primary benefit of using Telehealth Technology is that it may help to improve access to care and the quality of outcomes because using Telehealth Technology may make it easier for the Provider and patients to connect and to manage the patient’s care. There are, however, risks to using Telehealth Technology and for both health care services delivered in-person and for services delivered via Telehealth Technology, results cannot be guaranteed.
The risks associated with Telehealth Technology include, and are not limited to, technical problems and equipment malfunctions that may result in omission, loss or compromise of information necessary for Your care, and that such omission, loss or compromise of information may result in damages or injury to You. Your health information, and treatment information transmitted via Telehealth Technology, may be accessed by unauthorized persons. Delays in evaluation and treatment could occur due to deficiencies or failures of the equipment and technologies, or Provider availability. In some cases, Your Provider may determine that the transmitted information is of inadequate quality, thus necessitating a rescheduled telehealth consult or a referral for in-person services from an alternative provider.
3. Treatment Acknowledgement and Consent.
a. I authorize and request that the Practice and its Provider carry out a review and assessment of My health history including scans and tests to recommend testing or treatment, and/or diagnostic procedures, which now or during the course of My care as a patient are advisable. I understand that the purpose of these procedures will be explained to Me upon my request and furnished subject to My agreement and that I will be informed of available alternative treatments, if any.
b. I understand that I can always change My mind regarding My treatment, however, I will notify my Provider before making such a decision as there may be adverse side effects of stopping certain medications.
c. I understand that I have the right to accept or refuse the recommended therapeutic or diagnostic procedures. I understand that I have the right to revoke this consent at any time.
4. Telehealth Technology Acknowledgement and Consent
a. I hereby consent to evaluation, diagnosis, and treatment by the Practice and its Provider through the use of Telehealth Technology. I acknowledge that evaluation, diagnosis, and treatment through the use of Telehealth Technology will involve collecting health information, about Me and My health care and health care condition, and that such information will be transmitted, reviewed and stored in compliance with applicable laws.
b. I acknowledge that receiving Services using Telehealth Technology requires My health information to be transmitted through audio and video technology and that My health information may be lost, compromised and/or accessed by unauthorized persons during transmission.
c. I understand that I have a right to withhold or withdraw My consent to the use of Telehealth Technology in the course of My care at any time, and that doing so may terminate My care by the Practice if alternative communication methodologies are not available.
d. If I am experiencing a medical emergency, or am in crisis, I have been directed to dial 9-1-1 immediately and that My Provider is not able to connect Me directly to any local emergency services.
e. I may elect to seek services from an unaffiliated wellness group with in-person clinics as an alternative to receiving care via Telehealth Technology.
f. In choosing to receive Services via Telehealth Technology, I understand that some parts of the Services involving tests (e.g., labs or bloodwork) may be conducted at another location such as a testing facility, at the direction of my Provider.
g. It is necessary to provide My Provider a complete, accurate, and current medical history. I understand that withholding or providing inaccurate information about My health and medical history in order to obtain treatment may result in harm to Me, including, in some cases, death.
h. There is no guarantee that I will be treated by a Provider and that I may need to seek care and treatment in-person or from an alternative source. The Practice reserves the right to deny care for potential misuse of the Services or for any other reason if, in the professional judgment of My Provider, the provision of the Services is not medically or ethically appropriate.
5. Telehealth Technology Waiver and Release.
ON BEHALF OF MYSELF AND MY RELATIVES, HEIRS, REPRESENTATIVES AND ASSIGNS I HEREBY WAIVE AND RELEASE ALL CLAIMS THAT I MAY HAVE NOW OR IN THE FUTURE AGAINST PRIMARY CARE PSYCHIATRY, PLLC AND ITS PROVIDER FOR DAMAGE OR LOSS IN CONNECTION WITH THE RISKS INHERENT IN EVALUATION, DIAGNOSIS, AND TREATMENT USING TELEHEALTH TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, TECHNICAL PROBLEMS, EQUIPMENT MALFUNCTIONS, AND OMMISSION, LOSS, COMPROMISE OR UNAUTHORIZED ACCESS TO HEALTH INFORMATION ABOUT ME TRANSMITTED THROUGH TELEHEALTH TECHNOLOGY.
By clicking the box beside "I have read and agree to the Terms & Conditions," and/ or clicking the box beside "I have read and understand the information above,” and/ clicking the box "I Agree," You acknowledge that You have read, understand, and accept all terms and conditions contained within these Terms of Use, and Consent to Treatment Using Telehealth Technology. If You do not agree to be bound by these terms, You are not authorized to access or use this Site or Services; promptly exit this Site.
6. Consent to Electronic Communications; Opt-Out.
By providing Your mobile telephone number and/or email address to Practice or a Provider, You consent to and authorize us to communicate with You via email and/or text messaging.
Neither the Practice nor Provider can ensure the confidentiality of any form of electronic communication, including email or text messages. If You consent to receive electronic communications from the Practice or Provider, please know that information communicated electronically may be lost, damaged or subject to unauthorized access. While the Practice asks its Provider to return messages in a timely manner, the Practice cannot guarantee a timely response or any response at all. Due to the inherent security risks of electronic communications and unreliability of Provider responsiveness, the Practice request that You do not use these methods of communication to discuss diagnosis or treatment with Your Provider.
If You wish to opt-out of receiving email and/or text messages from the Practice or Provider, please notify us at: maricelinacaro@primarycarepsychiatry.com. Please allow up to two business days for Your request to opt-out of electronic communications to become effective.
By clicking the box beside "I have read and agree to the Terms & Conditions," and/ or clicking the box beside "I have read and understand the information above,” and/ clicking the box "I Agree," You acknowledge that You have read, understand, and accept all terms and conditions contained within these Terms of Use, and Consent to Treatment Using Telehealth Technology. If You do not agree to be bound by these terms, You are not authorized to access or use this Site or Services; promptly exit this Site.
7. Refund Policy
NO REFUNDS. The Practice does not refund any amounts paid for Services.
By clicking the box beside "I have read and agree to the Terms & Conditions," and/ or clicking the box beside "I have read and understand the information above,” and/ clicking the box "I Agree," You acknowledge that You have read, understand, and accept the terms and conditions of this Agreement, you understand and agree to the forgoing and all of my questions regarding its content have been answered.
