TERMS & CONDITIONS
Effective Date: March 9, 2009
Please read carefully prior to using this website
3. Authorized and Prohibited Uses
4. User Content
5. Registration and Passwords
OPRS may or may not at times require you to have a password and provide registration details to access the Site or portions of the Site. If OPRS does require a password and registration details, it shall be a condition of use of the Site that all the details you provide are correct, current and complete. If OPRS believes that the details are not correct, current or complete, OPRS will have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Site, and you are fully responsible for all activities that occur under your password(s). You agree to notify OPRS immediately of any unauthorized use of your password(s). OPRS reserves the absolute right not to issue a password to any person or entity.
6. Access Arrangements and Fees
Your use of the Site shall be in accordance with any and all procedures, forms, formats, displays and operating times as may be determined, specified or modified by OPRS in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use the Site. OPRS charges no fees at this time for using the Site but reserves the right to impose or modify fees in connection with use of the Site (or portions of the Site) at anytime without liability. Payment of any such fees shall be due and payable 30 days from the date of invoice unless otherwise agreed by you and OPRS or unless otherwise required by OPRS. OPRS shall endeavor to issue a general notice on the Site with regard to any imposition of fees or modifications to the Site.
No link shall be made to any page of the Site, without the prior written consent of OPRS. Moreover, in the event OPRS deems your linking practices in relation to the Site to be inappropriate, OPRS may provide notice to you concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of OPRS relating thereto.
8. Third-Party Sites and Other Information
The Site may contain, as a convenience to you, content, links and other information submitted by third parties over whom OPRS has no control or responsibility, as well as translations thereof that OPRS may arrange. OPRS has no obligation to monitor, control or restrict the use of the Site or third-party websites accessible via links on the Site. These other websites are not under the control of OPRS, and you acknowledge that (whether or not such sites are affiliated in any way with OPRS) OPRS is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of any site by OPRS or any association with its operators. Moreover, OPRS has no obligation to verify any User Content or to provide any registration or other information to you concerning any content.
9. Disclaimer of Warranties
OPRS disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by using the Site. OPRS disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Site.
THE SITE, AND ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. OPRS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OPRS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. OPRS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. OPRS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU UNDERSTAND AND AGREE THAT DOWNLOADS OR OTHERWISE OBTAINED MATERIAL OR DATA THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. CERTAIN USERS MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10. Limitation of Liability
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
Without limiting the foregoing, under no circumstances shall OPRS or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
12. Release and Waiver
To the maximum extent permitted by law, you hereby release and waive all claims against OPRS and its affiliates, officers, directors, employees and contractors from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Site. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes or regulations.
14. Intellectual Property Policy
OPRS' policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512.
15. Dispute Resolution; Applicable Law and Forum
Notice of HIPAA Practices
This notice describes how medical information about you may be used and disclosed and how you can get access to this information. Please review it carefully.
Explanation of Forms
Ohio Presbyterian Retirement Services ("OPRS") handles health information about you, and how that information is handled is regulated by law. To comply with the law, OPRS asks you to receive this notice, acknowledge your receipt of it and, in some circumstances, to sign an authorization form.
OPRS is allowed by law to use and disclose health information about you for the purposes essential to providing care (treatment, payment collection and the operation of OPRS).
An authorization allows OPRS to use and disclose health information about you for any reason that is listed in the authorization. OPRS may not refuse to treat you for refusing to sign the authorization. Other rules about your rights regarding health information are described in this notice.
Types of Uses and Disclosures
Health information about you may be used or disclosed by OPRS for treatment, payment and health care operations without your authorization. Treatment includes consultation, diagnosis, provision of care and referrals. Payment includes all those things necessary for billing and collection such as claims processing. Health care operations includes things OPRS does to assess the quality of care, train staff and manage its business. Some examples of such uses and disclosures are outlined below.
Example of Treatment Use or Disclosure
OPRS may use health information about you for treatment and care purposes or disclose health information to your treating physician, a hospital or other provider to help such provider treat you.
Example of Payment Use or Disclosure
OPRS may use or disclose health information about you when health plans, insurers, Medicare, Medicaid or other payors require the information before paying for your health care services.
Example of Health Care Operations Use or Disclosure
OPRS may use or disclose health information about you for the purposes of quality assurance, the operations of the Care Management Committee or in training new staff.
Other Uses and Disclosures
OPRS may use or disclose your health information in the following situations without your authorization: As Required By Law: OPRS may use or disclose your health information to the extent that the use or disclosure is required by law. The use or disclosure will be made in compliance with the law and will be limited to the relevant requirements of the law. You will be notified, as required by law, of any such uses or disclosures.
Public Health: OPRS may disclose your health information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information. The disclosure will be made for the purpose of controlling disease, injury or disability. We may also disclose your health information, if directed by the public health authority, to another government agency that is collaborating with the public health authority.
Food and Drug Administration: OPRS may disclose your health information to a person subject to the jurisdiction of the Food and Drug Administration if that person has responsibility to report adverse events, product defects or problems, or biologic product deviations; to track products; to enable product recalls, repairs or replacements; or to conduct post marketing surveillance.
Communicable Diseases: OPRS may disclose your health information, if authorized by law, to a person who may have been exposed to a communicable disease or may otherwise be at risk of contracting or spreading the disease or condition.
Abuse or Neglect: OPRS may disclose your health information if we believe that you have been a victim of abuse, neglect or domestic violence to the governmental entity or agency authorized to receive such information. The disclosure will be made consistent with the requirements of applicable federal and state laws.
Health Oversight: OPRS may disclose health information to a health oversight agency for activities authorized by law, such as audits, investigations and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.
Legal Proceedings: OPRS may disclose health information in the course of a judicial or administrative proceeding, in response to an order of a court or administrative tribunal (to the extent such disclosure is expressly authorized), and under certain circumstances, in response to a subpoena, discovery request or other lawful process.
Law Enforcement: OPRS may disclose health information, so long as applicable legal requirements are met, for law enforcement purposes. These law enforcement purposes include legal processes and as otherwise required by law; limited information requests for identification and location purposes; pertaining to victims of a crime; suspicion that death has occurred as a result of criminal conduct; in the event that a crime occurs on the premises of OPRS; and in a medical emergency where it is likely that a crime has occurred.
Coroners, Funeral Directors and Organ Donation: OPRS may disclose health information to a coroner or medical examiner for identification purposes, determining cause of death or for the coroner or medical examiner to perform other duties authorized by law. We may also disclose health information to a funeral director, as authorized by law, in order to permit the funeral director to carry out his duties. We may disclose such information in reasonable anticipation of death. Health information may be used and disclosed for cadaveric organ, eye or tissue donation purposes.
Research: OPRS may disclose your health information to researchers when the research has been approved by an institutional review board that has reviewed the research proposal and established protocols to ensure the privacy of health information.
Criminal Activity: Consistent with applicable federal and state laws, OPRS may disclose your health information if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. We may also disclose health information if it is necessary for law enforcement authorities to identify or apprehend an individual.
Military Activity and National Security: When the appropriate conditions apply, OPRS may use or disclose health information of individuals who are Armed Forces personnel for activities deemed necessary by appropriate military command authorities; for the purpose of a determination by the Department of Veterans Affairs of eligibility for benefits; or to foreign military authority if an individual is a member of that foreign military services. We may also disclose your health information to authorized federal officials for conducting national security and intelligence activities, including for the provision of protective services to the President or others legally authorized.
Workers' Compensation: Your health information may be disclosed by OPRS as authorized by and to the extent necessary to comply with workers’ compensation laws and other similar legally established programs.
Required Uses and Disclosures
Under the law, OPRS must make disclosures to you and when required by the Secretary of the U.S. Department of Health and Human Services to investigate or determine our compliance with the law.
Fundraising: OPRS may contact you in order to raise funds for OPRS. If you wish to have your name removed from the list to receive fundraising requests supporting OPRS, call 1-800-686-7800, ext. 160 or send an email to firstname.lastname@example.org.
Treatment Information: OPRS may contact you to provide appointment reminders or information about treatment alternatives or other health-related benefits and services that may be of interest to you.
Facility Directories: Unless you object, OPRS may use and disclose in facility directories your name, the location at which you are receiving care, your condition (in general terms) and your religious affiliation. All of this information, except religious affiliation, will be disclosed to people that ask for you by name. Members of the clergy may also be told of your religious affiliation.
Others Involved in Your Healthcare: Unless you object, OPRS may disclose to a member of your family, a relative, a close friend or any other person you identify, your health information that directly relates to that person’s involvement in your care. If you are unable to agree or object to such a disclosure, we may disclose such information as necessary if we determine that it is in your best interest based on our professional judgment. We may use or disclose health information to notify or assist in notifying a family member, personal representative or any other person that is responsible for your care of your location, general condition or death. Finally, we may use or disclose your health information to assist in disaster relief efforts and to coordinate uses and disclosures to individuals involved in your health care.
Authorized Uses and Disclosures
Additional uses and disclosures may be made if you have given written authorization, which may be revoked at any time in writing delivered to the Compliance Contact, except to the extent OPRS has acted in reliance on the authorization.
You have the right to request restrictions on the use and disclosure of health information for a particular purpose related to treatment, payment, heath care operations or to an individual involved in your care. OPRS asks that such requests be made in writing on a form provided by OPRS. Although we will consider your requests with regard to the use of your heath information, please be aware that we are under no obligation to accept or to abide by such requests. OPRS will abide by your requests with regard to the disclosure of your clinical and personal records to anyone outside of a facility, except in an emergency, if you are being transferred to another health care institution or the disclosure is required by law.
You have the right to have OPRS use only confidential means of communicating with you about health information. This means you may have information delivered to you at a certain time or place or in a manner that keeps your information confidential. OPRS asks that such requests be made in writing on a form provided by OPRS. OPRS will accommodate all reasonable requests.
You have the right to see and receive a copy of health information about you kept by OPRS under most circumstances. You may make such requests orally or in writing; however, in order to better respond to your request, we ask that it be made in writing on a form provided by OPRS.
Excluding weekends and holidays, you will have access to health information within twenty-four (24) hours of the request for access. Should you wish to obtain a photocopy of your health information, copies shall be provided by OPRS upon two (2)working days notice. Any requested photocopies will be made at a reasonable cost to you.
You have the right to have OPRS amend health information records about you. OPRS asks that such requests be made in writing on a form provided by OPRS and that a reason be specified for the proposed amendment. OPRS may refuse to amend information that is accurate or that was created by someone else.
You have the right to see a list of disclosures made by OPRS of your health information. OPRS asks that such requests be made in writing on a form provided by OPRS. The first accounting provided in any twelve- (12) month period will be at no charge. Residents/clients will be charged a reasonable, cost-based fee for any additional requests.
You have the right to receive a paper copy of this notice.
OPRS is required by law to keep health information about you private and to give you this notice. OPRS must abide by this notice; however, OPRS reserves the right to amend this notice and make such change applicable to all health information maintained by OPRS. A revised notice will be provided to residents/clients by OPRS posting the new notice in common areas on campuses and other sites.
You may complain to OPRS if you believe your privacy rights have been violated by giving a written complaint to the local Compliance Contact or the Privacy Official at 1001 Kingsmill Parkway, Columbus, Ohio 43229. Call 614-888-7800. Also, you may make a complaint by calling the OPRS Corporate Compliance Hotline at 1-877-780-9366. You may also complain to the Secretary of the U.S. Department of Health and Human Services. OPRS will not retaliate against you for making a complaint.
For further information about matters covered by this notice, contact the local Compliance Contact or the Privacy Official at 1001 Kingsmill Parkway, Columbus, Ohio 43229 or 614-888-7800.
This notice is effective from April 14, 2003, until revised by OPRS.