Terms and Conditions

MyBCH Terms and Conditions of Use

MyBCH is an online service offered by Boulder Community Health to allow You online access to Your personal medical information and the ability to communicate online with Your health care providers. By accessing or using MyBCH, You confirm that You have fully read, understand and agree to MyBCH Terms and Conditions of Use, [including but not limited to, the additional terms and conditions specific to such services as Telemedicine Video Visit ("Terms of Use")]. If You do not agree to the Terms of Use, You will not be permitted to use MyBCH. Throughout the Terms of Use, Boulder Community Health is referred to as "BCH", "We", “Our” or "Us". Individuals accessing or using MyBCH are referred to as "You", "Your", or "User(s)".

Purpose of MyBCH

MyBCH allows You another option to access Your medical information and communicate with Your health care providers. MyBCH allows You to view certain medical information online in a secure manner, including, but not limited to, selected portions of Your medical record and summary health information, current medications, allergies, immunizations, histories, and test results as released by Your physician. MyBCH also provides a method to communicate with certain health care providers to allow You to: (1) receive important health reminders, (2) request prescription refills and renewals, and (3) communicate with Your health care providers about non-urgent medical issues.

MyBCH is not intended to be used to address medical emergencies. IF YOU ARE EXPERIENCING AN EMERGENCY OR URGENT MEDICAL PROBLEM, GO TO THE NEAREST EMERGENCY ROOM OR CALL 9-1-1.

Your Account Profile, User ID and Password

Prior to Your initial log into MyBCH, You must review these Terms of Use and create a personal profile account. You may only provide information that You own or have the right to use when You create, transmit, or display health or any other information while using MyBCH. You represent and warrant that all information You provide or supply to BCH through MyBCH, including without limitation, information contained in Your personal profile, is accurate and complete. You are responsible for maintaining the confidentiality of all user identification, password and other confidential information relating to the use of Your account and are fully responsible for all activities that occur under Your account. You are responsible for taking all reasonable steps to ensure that no unauthorized person accesses Your account. You must promptly notify BCH of any unauthorized use of or access to Your MyBCH account. BCH assumes no responsibility or liability for any information that You transmit or submit to MyBCH, or for any use or misuse by You or third parties who You authorize.

Medical Records

You may have the opportunity to access healthcare records and information through MyBCH ("Your Records"). You hereby grant BCH, its employees, officers, directors, agents and contractors, and all other persons or entities involved in the operation of MyBCH, the right to access, transmit, receive, monitor, retrieve, store, maintain and use Your Records in accordance with BCH's Notice of Privacy Practices. You are responsible for reviewing and updating Your account information as well as reviewing any documents produced by BCH.

Minor Eligibility

Parents or guardians of minor children may request access to the minor child's account by following the terms outlined in the "Proxy Access" sections of this Terms of Use statement. Minor children between the ages 12 and 17 (inclusive) will not be able to participate in the full spectrum of MyBCH services. Under state and federal law, there are certain types of medical information that the parent or guardian of a minor patient may not view without consent of the minor patient. Given these requirements, restricted MyBCH access will be offered to parents and guardians of patients age 12 or older. Thus, when a minor patient reaches age 12, full proxy access will be automatically revoked on a minor's MyBCH account.

Proxy Access

A parent or legal guardian of a minor child (up until the child's 12th birthday), or the legal guardian for individuals age 18 or older, may request proxy access to another individual's MyBCH account. This is accomplished by completing the MyBCH Proxy Access Form and submitting it to BCH Health Information Management (“HIM”) department. Such access will only be granted to parties with parental rights or legal guardianship over the patient and only to the extent that the party requesting proxy access has the right to access the patient’s medical information under applicable law. Supporting documentation may be required. If the proxy's legal relationship with the account holder changes, the proxy must notify BCH immediately. BCH reserves the right to revoke proxy access at any time for any reason.
Levels of Proxy Access

  • Adult-Adult:Full access to another adult's or emancipated minor's MyBCH record will only be granted where the proxy has documented legal authority to make healthcare decisions.
  • Parent-Child:Parents have full access to their minor child's MyBCH record. This access will automatically transition to Parent-Adolescent access when the child reaches age 12.
  • Parent-Adolescent:Partial access to a minor child's MyBCH record may be granted when child is between ages 12 and 17 (inclusive). Both parent and teen will have restricted MyBCH access. Access will be automatically terminated when teen reaches age 18. Limitations in MyBCH may not affect the proxy's legal right to access their child's record through Health Information Management.

Communication and E-Mail Use

If You elect to use MyBCH, it may be used by Your health care providers to communicate selected test results and other important medical information to You. Patients who are users of MyBCH should be aware that they will be notified via e-mail when there is new medical information to be viewed on MyBCH. This means that any person with access to a patient's e-mail will be able to see this notification. Although no private medical information will be sent via email, the notification that new medical information is available by accessing MyBCH may be information that a patient would not want others to know.
Please know that if you send us an e-mail communication, it may be shared with the BCH staff that assists the physician in providing the patient's medical care. A patient's confidential medical information on MyBCH will be accessible only to appropriate clinical staff. BCH is only able to respond to electronic communications based on the information You provide. If You provide insufficient information, BCH will be unable to provide an accurate or reliable response.
You should not use MyBCH to send messages regarding matters requiring urgent attention. While reasonable efforts will be made to provide a timely response to communications through MyBCH, BCH cannot guarantee a specific time frame for a response or that any response will be provided. Delays can occur based on the volume of messages and technology outside of BCH's control. At times, the clinic staff or personnel needed to respond to Your message may not be available, so You should allow at least two (2) business days for any response. For these reasons, You should not use MyBCH to communicate with BCH or Your healthcare provider in urgent situations. For all urgent medical matters, contact Your physician's office directly, or go directly to an emergency room or call 911.

Security and Confidentiality

We afford the same degree of confidentiality to medical information stored on MyBCH as is given to medical information stored by BCH in any other medium. BCH is committed to protecting the confidentiality of your medical information. MyBCH is protected using industry standard security measures to protect the confidentiality, integrity, and availability of your data. We limit BCH employees’ access and ability to enter or view information based upon their role in your care. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. You hereby expressly and solely assume the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information transmitted in connection with your use of MyBCH.

Privacy

The terms of the BCH Privacy Policy and the Notice of Privacy Practices (“NPP”) apply to your use of this Site and are hereby incorporated. The Privacy Policy and NPP tells you how BCH collects, uses, protects, shares, and controls information about you related to your interaction with this Site. The Privacy Policy and NPP are available at www.bch.org.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BCH SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INJURY, ILLNESS, DISABILITY, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR YOUR INABILITY TO USE MYBCH; (ii) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MYBCH; (v) YOUR USE OF THE INTERNET OR YOUR INTERNET SERVICE PROVIDER; (vi) DEFECTS OR INACCURACIES IN YOUR COMPUTER HARDWARE OR SOFTARE, OR ANY OTHER DEVICE USED TO ACCESS MYBCH OR THE SERVICES; OR (vii) ANY OTHER MATTER RELATING TO YOUR USE OF MYBCH. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BCH EXCEED THE TOTAL AMOUNT OF FEES, IF ANY PREVIOUSLY PAID BY YOU TO BCH RELATING TO THE YOUR USE OF MYBCH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer

ANY INFORMATION CONTAINED ON MYBCH OR PROVIDED THROUGH MYBCH IS PROVIDED ON AN "AS IS" BASIS ONLY AND IT IS NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. WE WILL REGARD ALL ACCESS TO AND USE OF MYBCH AS VOLUNTARY AND AT YOUR SOLE RISK. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH MYBCH. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED BY USING MYBCH GENERALLY. WE DISCLAIM AND ALL MAKE NO WARRANTY OR GUARANTEE THAT MYBCH WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

Modifications and Updates

BCH reserves the right to modify, amend and update these Terms of Use at any time by posting amended Terms of Use on MyBCH. Any updates to these Terms and Conditions of Use will be posted on MyBCH, from time to time. You acknowledge and agree that it is Your responsibility to review these Terms of Use from time to time and to be aware of any such changes. Your use of MyBCH after such posting constitutes acceptance by You of the revised Terms of Use.

Indemnity

You agree to release, indemnify and hold BCH, and Our directors, officers, physicians, employees, agents and third party licensors harmless from and against any and all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, with respect to (a) any and all injury, disability, death or damage to property (tangible or intangible) arising from or relating to Your use of MyBCH; (b) any infringement or violation of any intellectual property rights arising from or relating to Your use of MyBCH (including any content); (c) any breach of Your representations or obligations under this Agreement; and (d) any activity that occurs under Your User ID and password.

MyBCH Use Rights and Restrictions

Subject to the terms and conditions outlined in this Agreement, BCH grants to You a personal, revocable, non- assignable, non-sublicensable, and non-exclusive limited right to (i) use MyBCH and (ii) view all content provided, made available or otherwise accessible via MyBCH. Except as expressly authorized by BCH or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on MyBCH, in whole or in part. You may download and reprint a single copy of the materials from MyBCH for Your own personal, noncommercial use only, provided You include all applicable notices and disclaimers. You agree not to modify MyBCH in any manner or form, or to use modified versions of MyBCH, including (without limitation) for the purpose of obtaining unauthorized access to MyBCH. You agree not to access MyBCH by any means other than through the interface that is provided by BCH for use in accessing MyBCH. You shall not, in whole or in part, adapt, translate, modify, decompile, reverse engineer, or disassemble MyBCH, merge MyBCH into other program material, nor shall You otherwise create or attempt to obtain the source code of MyBCH.

Governing Law and Venue

This Agreement shall be governed by and shall be construed in all respects under the laws of the State of Colorado, exclusive of its choice of law or conflict of laws provisions. In all respects, in any claim or action by You directly or indirectly arising under this Agreement or related to Your use of MyBCH, You irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Boulder County, Colorado. You waive any jurisdictional, venue or inconvenient forum objections to such court. If any of the provisions of this Agreement are held to be unenforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Rights, Remedy, and Termination

BCH may, in its sole discretion, terminate Your access to MyBCH, or any portion thereof, or discontinue providing MyBCH, or any portion thereof. BCH may notify You that You have breached this Agreement and Your account is being terminated. These actions are in addition to and not in lieu or limitation of any other right or remedy BCH may have available at law. Further, BCH shall not be liable to You or any third party for any such termination or discontinuance.

Contact Information

Questions or comments regarding MyBCH should be directed to BCH at:
Boulder Community Health
Health Information Management Department
him@bch.org
303-415-7760











Additional Terms of Use for Telemedicine Video Visits

What is a telemedicine video visit? Telemedicine involves a secure, online exchange of medical information between a patient and a healthcare provider for purposes of diagnosing, consulting and/or treating the patient. The healthcare provider is located in a place separate from the patient and the video visit is conducted via secure live two-way audio and video via the MyChart portal. At any time during the video visit, the provider may terminate the video visit and advise the patient to seek treatment from an in-person provider, or if symptoms described are emergent, to seek care from the closest emergency room.
Who can engage in a telemedicine video visit? Persons 18 years of age and older are permitted to engage in a telemedicine video visit with a BCH employed physician or advanced practice nurse. EACH TIME YOU THE USE VIDEO VISIT SERVICE, YOU UNDERSTAND AND AGREE THAT YOU MUST BE PHYSICALLY LOCATED IN THE STATE OF COLORADO, AND YOU ACKNOWLEDGE THAT YOU ARE PRESENTLY LOCATED IN THE STATE OF COLORADO.
Consent for Care via Telemedicine Video Visits
I consent to receive medical care via a telemedicine video visit. The scope of care will be at the sole discretion of Your provider, and You understand that there are limitations to the care that can be provided through a telemedicine video visit. You understand that if Your provider is unable to treat Your concern through a telemedicine video visit, You should go to Your provider's office for an in-person visit.

  • I acknowledge that, while telemedicine can be used to provide improved access to medical care, as with any medical procedure, there are potential risks and no results can be guaranteed or assured. These risks include, but are not limited to: technical problems with the information transmission, equipment failures that could result in lost information or delays in treatment, and in very rare instances, breaches of privacy of personal medical information could occur despite security measures taken such as encrypting data, password protections, and implementation of other reliable authentication techniques.
  • I understand that I have a right to withhold or withdraw my consent to the use of telemedicine in the course of my care at any time, without affecting my right to future treatment. I also understand that I have a right to access all information resulting from a telemedicine video visit.
  • I understand that I retain the option to refuse the delivery of healthcare services via telemedicine at any time without affecting my right to future care or treatment and without risking the loss or withdrawal of any program benefits to which I would otherwise be entitled.
Follow-Up Care When engaging in a telemedicine video visit, you are receiving services from a BCH employed physician, physician assistant, or advanced practice nurse. If you require follow-up care, your BCH practitioner may recommend other BCH employed practitioners or affiliated facilities, which are known to your practitioner and which offer the advantage of continuity of care. However, you are the ultimate decision maker when it comes to your care. You are free to select any healthcare provider of your choice and BCH does not undertake any obligation to determine whether and to what extent any follow-up care may be covered by your insurance.
Refusal of Treatment You understand that if You refuse treatment that is suggested by Your health care provider or You do not complete a treatment protocol recommended to You by Your health care provider, You will not hold BCH liable for the consequences of Your refusal or decision not to complete Your recommended treatment.
Location You understand that You are responsible for ensuring Your privacy from others at Your location during Your telemedicine video visit, and You affirm that You will take precautions to ensure that Your telemedicine video visit cannot be viewed by others near You without Your permission.
Privacy Notice You understand that the contents of Your telemedicine video visit will become a part of Your medical record. You authorize BCH to disclose copies of all or any part of Your medical records obtained in the course of Your diagnosis and treatment from telemedicine video visit in accordance with BCH's Notice of Privacy Practices.
Acknowledgment of Financial Obligation Subject to applicable law and the terms and conditions of any applicable contract between BCH and a third-party payer, and in consideration of all health care services rendered or about to be rendered to You, You agree to be financially responsible and obligated to pay BCH for its total charges not paid under the "Assignment of Benefits" made below. You understand that You will be responsible for the costs of any services rendered to You that are not eligible for benefits under Medicare, Medicaid, insurance or other payors.
For patients that have insurance, call the phone number on your insurance card to find out your cost share for video visits. If all or part of the cost of video visits is not covered, you may be responsible for the remaining balance.

NOTE: Medicare does not cover video visits. Medicare only covers telemedicine services when patients are in certain settings. BCH will submit a bill to Medicare but it will be denied and you will be solely responsible for the payment in full.
    Assignment of Benefits/Third-Party Payers
If BCH is able to bill your insurer for the video visit, you hereby agree to assign to BCH all right, title, and interest in and to any third-party benefits due from any and all insurance policies, employee benefit plans and/or responsible third-party payers. Except as required by law, You assume responsibility for determining in advance whether the services provided to You are covered by Your insurance or other third-party payer.