Presbyterian Health Services Online Terms and Conditions Of Use
Presbyterian Healthcare Services, ("PHS"), has made every effort to ensure that the contents of this site are correct and complete and to present all information contained on this site accurately, however additions, deletions, and/or changes may occur. The information is also limited in nature and does not necessarily contain all the applicable terms, conditions, limitations, or exclusions of the products and services referenced.
Protected Health Information
For more information about how Presbyterian protects the privacy of your health information, please review our Joint Notice of Privacy Practices in Adobe Acrobat (.pdf) format:
Information on this web site is provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The data set forth herein is for informational purposes only, and no warranty is made that the information is error-free.
Some areas of our site may provide links to other external sites that we don't own, control, or influence. We reference sites that we think might be of interest to you, but we are not responsible for the content or privacy practices used by other site owners. Please note that once you leave this site, either by using a link we may have provided for your convenience or by specifying your own destination, PHS accepts no responsibility for the content, products and/or services provided at these non-PHS locations and disclaims responsibility for their content and accuracy. PHS does not control, endorse, promote or have any affiliation with any other web site unless expressly stated herein.
Limitation of Liability
IN NO EVENT WILL PHS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS WEB SITE, OR ANY OTHER HYPER-LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. Users of this site agree that PHS has no liability with respect to any actions taken as a result of or in connection with viewing any information contained on the Web site. You agree to use this site and submit information at your own risk.
Changes to this site
Information may be changed or updated at any time and without notice. PHS has no obligation to update information presented on this web site, so information contained herein may be out of date at any given time. PHS may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.
Additional Conditions for Access to this Site
Information on this web site is provided and made available by PHS solely as a convenience and PHS has and assumes no obligation to continue to make the site available or to grant access to any person who fails to comply with the terms and conditions for use of the site. PHS may also make improvements and/or changes in the products and/or programs described in this information at any time without notice. If PHS determines, in its sole discretion, that you have not complied with any term or condition required for use of the site, it may terminate your access to the site and any services provided by the site without prior notice. Such action removes your authorization to access or use the site, and requires you to destroy all electronic or other materials and copies of such materials obtained from the site, but you will still be bound by the agreements and warranties made by you, and by the disclaimers and limitations of relating to use of the site.
You agree to inform PHS immediately of any change in your employment or other status, which results in your no longer having a reason to access the information available on this site. In addition, if access to this site is granted to an employee or independent contractor pursuant to the employee's or contractor's relationship with an employer, the employer agrees that it will immediately inform PHS of the termination of all such relationships so that PHS may deny access to the site for such terminated individuals.
Products and Services Offerings
This Web site may highlight PHS's health products and services. The product and/or services descriptions, if any, provided on this site are not intended to constitute offers to sell or solicitations in connection with any product or service. All products are not available in all areas and are subject to applicable regulation areas and in many instances may be offered only through employers or other plan sponsors. Specific products may not be available in both self-funded and insured forms. Covered services and preferred benefits are provided under the terms of the applicable plan contract, including limitations and exclusions. Anyone interested in a particular product should contact PHS to determine whether the product and/or service is available in their jurisdiction, and to request a copy of the applicable policy for a complete description of the product and/or service in question.
By signing up for electronic communications it is understood that you grant express permission to Presbyterian Healthcare Services and/ or Presbyterian Health Plan or any agent acting on their behalf to communicate with you via any electronic mail addresses and any phone numbers that have been provided, including cellular/wireless devices, through means of individual or automatically generated electronic mail, person to person phone calls, automated phone calls and automatically generated text messaging.
Trademarks and Intellectual Property Rights
All service-marked, trademarked, and registered items are the sole and exclusive property of PHS unless otherwise noted. All rights are reserved. Downloads, copies, or mirrors of this site are forbidden without prior consent from PHS; this does not apply to the various forms and documents available in PDF format on this site which are specifically designated for users.
Not a Solicitation
Nothing in this site should be construed as a solicitation or offer to purchase coverage, services or products from PHS or any of its affiliated companies.
Not a Substitute for Professional Health Care or Advice
The information contained in this site is general in nature and is not a substitute for professional health care. It is not meant to replace the advice of health care professionals. If you have specific health care needs, or for complete health information, please see a doctor or other health care provider.
Laws and Regulations
Access to and use of this Site are subject to applicable federal, state and local laws and regulations.
Forum Selection and Litigation
Use of this site shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of the State of New Mexico for any cause of action arising out of this Agreement. If a court deems any part of this Agreement invalid, the remaining parts shall remain in full force and effect. You agree to file any cause of action with respect to this Agreement and your rights and obligations in the State of New Mexico within one year after the cause of action. You agree that a cause of action filed after this date is barred.
PHS works to protect this site. Although we always try to use the most up-to-date encryption technology, please be aware that unauthorized third parties could obtain illegal access to this site.
PHS routinely gathers data on Web site usage, such as how many people visit the site, the sections they visit, what time they visit, how long they stay, etc.
Visit our Web site Privacy Statement for more information on our commitment to protect information provided through the Internet.
We use third-party advertising companies to serve ads on sites on which we advertise. Third-party advertising technology:
- Uses information derived from your visits to this Web site and the sites on which we advertise to serve ads to you
- Places a unique third-party cookie or cookies on your browser
- In addition, we may use Web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising. Web beacons enable us to recognize a browser's cookie when a browser visits this site, and to learn which banner ads bring users to our Web site
In consideration and exchange for the access granted to the user of this web site, User (referred to in this section as the "Business Associate") agrees that it will be bound by and agree to all of the following terms and conditions.
- Use of Protected Health Information. Business Associate shall not use and shall ensure that its directors, officer, employees, contractors and agents do not use Protected Health Information (referred to in this Section as "PHI") received from PHS (referred to in this Section as the "Covered Entity") in any manner that would constitute a violation of the HIPAA Privacy Regulations or the HIPAA Security Regulations (referred to in this Section as "HIPAA") if used by the Covered Entity. Covered Entity and the Business Associate agree that the Business Associate may use PHI:
- In the performance of the purposes for which Business Associate was granted access to this web site by Covered Entity,
- For the Business Associate's proper management and administrative services; or
- To carry out the legal responsibilities of the Business Associate. Except for such use, the Business Associate agrees to hold all PHI strictly confidential.
- Disclosure of PHI. The Business Associate shall not and shall ensure that its directors, officers, employees, contractors, and agents do not disclose PHI received from the Covered Entity in any manner that would constitute a violation of HIPAA if disclosed by the Covered Entity, except that the Business Associate may disclose PHI as required by law. To the extent The Business Associate discloses PHI to a third party, the Business Associate must obtain, prior to making any such disclosure:
- Written approval from the Covered Entity for such disclosure;
- Reasonable assurances from the third party that such PHI will be held confidential as provided pursuant to this Agreement and only disclosed as required by law or for the purposes for which it was disclosed to such third party; and
- An agreement from such third party to immediately notify the Business Associate of any breaches of the confidentiality of the PHI, to the extent it has obtained knowledge of such breach.
- Safeguards Against Misuse of Information. The Business Associate agrees that it will implement all appropriate safeguards to prevent the unauthorized use or disclosure of PHI.
- Reporting of Disclosures of PHI. The Business Associate shall, within five (5) days of becoming aware of a disclosure of PHI in violation of the terms of this section by the Business Associate, its officers, directors, employees, contractors or agents or by a third party to which the Business Associate disclosed PHI pursuant to this Section, report any such disclosure to the Covered Entity.
- Agreements by Third Parties. The Business Associate shall enter into an agreement with any agent or subcontractor that will have access to PHI that is received from, or created or received by, the Business Associate on behalf of the Covered Entity pursuant to which such agent or subcontractor agrees to be bound by the same restrictions, terms and conditions that apply to the Business Associate pursuant to these terms with respect to such PHI.
- Access to Information. Within five (5) days of a request by the Covered Entity for access to PHI about an individual, the Business Associate shall make available to the Covered Entity such PHI for so long as such information is maintained. In the event any individual requests access to PHI directly from the Business Associate, the Business Associate shall within two (2) days forward such request to the Covered Entity. Any denials of access to the PHI requested shall be the responsibility of the Covered Entity.
- Availability of PHI for Amendment. Within ten (10) days of receipt of a request from the Covered Entity for the amendment of an individual's PHI, the Business Associate shall provide such information to the Covered Entity for amendment and incorporate any such amendments in the PHI as required by 45 CFR §164.526.
- Accounting for Disclosures. Within ten (10) days of notice by the Covered Entity to the Business Associate that it has received a request for an accounting of disclosures of PHI regarding an individual during the six (6) years prior to the date on which the accounting was requested, the Business Associate shall make available to the Covered Entity such information as is in the Business Associate's possession and is required for the Covered Entity to make the accounting required by 45 CFR §164.528. At a minimum, the Business Associate shall provide the Covered Entity with the following information:
- The date of the disclosure;
- The name of the entity or person who received the PHI, and if known, the address of such entity or person;
- A brief description of the PHI disclosed; and
- A brief statement of the purpose of such disclosure which includes an explanation of the basis for such disclosure.
In the event the request for an accounting is delivered directly to the Business Associate, the Covered Entity shall, within two (2) days, forward such request to the Covered Entity. It shall be the Covered Entities responsibility to prepare and deliver any such accounting requested. The Business Associate hereby agrees to implement an appropriate record keeping process to enable it to comply with the requirements of this Section.
- Availability of Books and Records. The Business Associate hereby agrees to make its internal practices, books and records relating to the use and disclosure of PHI received from the Covered Entity, or created or received by the Business Associate on behalf of the Covered Entity available to the Covered Entity and to the Secretary for purposes of determining the Covered Entities and The Business Associate's compliance with HIPAA.
- Definitions. The terms used in this Section shall be defined as they are defined in HIPAA, 45 CFR §§160 and 164.
- Amendment. Upon the enactment of any law or regulation affecting the use and/or disclosure of PHI, or the publication of any court decision relating to any such law, or the publication of any interpretive policy, opinion or guidance of any governmental agency charged with the enforcement of any such law or regulation, the terms of this section shall be deemed to have been automatically amended to comply with such law or regulation. Such amendment shall be binding upon the Business Associate if Business Associate continues use of this web site.
- Breach. Without limiting the rights of the parties pursuant to other provisions of this Agreement, if the Business Associate breaches its obligations under this Section, the Covered Entity may, at its option:
- Exercise any of its rights of access and inspection under this Section or
- Terminate Business Associate's access to the web site, with or without an opportunity to cure the breach. The Covered Entities remedies under this Section and as specified elsewhere in this Agreement shall be cumulative, and the exercise of any remedy shall not preclude the exercise of any other.
- Procedure Upon Termination. Upon ceasing use of the site, Business Associate shall return or destroy all PHI that it maintains in any form and shall retain no copies of such information or, if the parties agree that return or destruction is not feasible, the Business Associate shall continue to extend the protections of this Section to such information and limit further use of the information to those purposes that make the return or destruction of the information not feasible. The provisions of this Section shall survive termination of the Business Associate's use of the web site.
If you have questions or comments concerning our Web site, email the Web Coordinator