Last updated: January 13th 2023
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE OR OTHERWISE AFFIRMATIVELY ACCEPTING THIS CONSENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS CONSENT. IF YOU DO NOT AGREE TO THIS CONSENT, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THIS CONSENT ON YOUR BEHALF. IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911.
The purpose of this consent form (“Consent”) is to provide you with information about telehealth and to obtain your informed consent to the use of telehealth in the delivery of healthcare services to you by physicians, physician assistants and nurse practitioners (“Providers”) using the online platforms owned and operated by Minded, Inc. (the “Service”). In this Consent, the terms “you” and “yours” refer to the person using the Service.
USE OF TELEHEALTH
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or patient education, and may include, but is not limited to, one or more of the following: electronic transmission of medical records, photo images, personal health information or other data between a patient and a healthcare provider; interactions between a patient and healthcare provider via audio, video and/or data communications (such as secure messaging); use of output data from medical devices, sound and video ﬁles. Alternative methods of care may be available to you, such as in-person services, and you may choose an alternative at any time. Always discuss alternative options with your Provider.
The use of telehealth may have the following possible beneﬁts: making it easier and more efﬁcient for you to access medical care and treatment for the conditions treated by your Provider(s); allowing you to obtain medical care and treatment by Provider(s) at times that are convenient for you; and enabling you to interact with Provider(s) without the necessity of an in-ofﬁce appointment.
While the use of telehealth in the delivery of care can provide potential beneﬁts for you, there are also potential risks associated with the use of telehealth and other technology. These risks include, but may not be limited to the following: the quality, accuracy or effectiveness of the services you receive from your Provider could be limited technology, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology, including the Service, unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost; failures of technology may also impact your Provider(s) ability to correctly diagnose or treat your medical condition; the inability of your Provider(s) to conduct certain tests or assess vital signs in-person may in some cases prevent the Provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for you; your Provider(s) may not able to provide medical treatment for your particular condition and you may be required to seek alternative healthcare or emergency care services; delays in medical evaluation/treatment could occur due to unavailability of your Provider(s) or deﬁciencies or failures of the technology or electronic equipment used; the electronic systems or other security protocols or safeguards used could fail, causing a breach of privacy of your medical or other information; given regulatory requirements in certain jurisdictions, your Provider(s) diagnosis and/or treatment options, especially pertaining to certain prescriptions, may be limited; a lack of access to all of your medical records may result in adverse drug interactions or allergic reactions or other judgment errors.
FOLLOW-UP CARE; EMERGENCY SITUATIONS
If the situation is an emergency, call 911. In some situations, telehealth is not an appropriate method of care. If you require immediate or urgent care, you must seek care at an emergency room facility or other provider equipped to deliver urgent or emergent care. If you are not experiencing an emergency or do not require immediate or urgent care, you can communicate with Providers through the secure message service in the Platforms. If a technical failure prevents you from communicating with your Providers through the Platforms, you should call the following number: Phone: 1-800-368-0038 (M-F 9AM – 5PM PT).
Providers delivering the Services may include physicians, physician assistants and nurse practitioners. Depending on where you are located, your state may identify these practitioners by different titles and credentials. Providers will identify themselves prior to the start of any Service, but you can also access Provider profiles before a Service to determine your Provider’s title and credentials. You agree that your Provider may not be a physician for every Service.
DATA PRIVACY AND PROTECTION
The electronic systems used in the Service will incorporate network and software security protocols to protect the privacy and security of your information, and will include measures to safeguard data against intentional or unintentional corruption. Personal information that identiﬁes you or contains protected health information will not be disclosed to any third party without your consent, except as authorized by law for the purposes of consultation, treatment, payment/billing, and certain administrative purposes, or as otherwise set forth in your Provider's Health Information Privacy Practices.
By agreeing to the Minded Terms and Conditions, you agree that Minded or the Providers may send you information via email and standard SMS text messaging. You understand that email and standard SMS text messaging are not confidential methods of communication and may be insecure. You further understand that, because of this, there is a risk that these electronic communications—some of which may contain information about your medical condition and care—might be intercepted and read by a third party. You may opt out of certain types of electronic communications as described in the Terms and Conditions.
LABORATORY PRODUCTS AND SERVICES
Certain healthcare services provided to you by Providers via the Service may require that you complete an at-home diagnostic test. These diagnostic tests are provided by third-party laboratories, and neither Minded, Inc. nor your Provider(s) can guarantee the accuracy or reliability of these tests. These laboratory tests can provide false negative, false positive, or inconclusive results that could impact your Provider(s) ability to correctly diagnose or treat your medical conditions. A failure or defect of these tests could also impact your Provider(s) ability to correctly diagnose or treat your medical conditions.
By clicking “I Agree”, checking a related box to signify your acceptance, using any other acceptance protocol presented through the Service or otherwise afﬁrmatively accepting this consent, you are agreeing and providing your consent with respect to the following:
· Healthcare services provided to you by Providers via the Service will be provided by telehealth.
· Certain technology, including the Service, may be used while still in a beta testing and development phase, and before such technology is a ﬁnal and ﬁnished product.
· Technology used to deliver care, including the Service, may contain bugs or other errors, including ones which may limit functionality, produce erroneous results, render part or all of such technology unavailable or inoperable, produce incorrect records, transmissions, data or content, or cause records, transmissions, data or content to be corrupted or lost, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s).
· Certain diagnostic testing services, including laboratory products and services offered through the Service, may contain defects, including ones which may limit functionality or produce erroneous results, any or all of which could limit or otherwise impact the quality, accuracy and/or effectiveness of the medical care or other services that you receive from your Provider(s).
· The delivery of healthcare services via telehealth is an evolving ﬁeld and the use of telehealth or other technology in your medical care and treatment from Provider(s) may include uses of technology different from those described in this Consent or not speciﬁcally described in this Consent.
· No potential beneﬁts from the use of telehealth or other technology or speciﬁc results can be guaranteed, including any laboratory testing results or related diagnosis or treatment by your Provider(s).
· Your condition may not be cured or improved, and in some cases, may get worse.
· There are limitations in the provision of medical care and treatment via telehealth and technology, including the Service, and you may not be able to receive diagnosis and/or treatment through telehealth for every condition for which you seek diagnosis and/or treatment.
· There are potential risks to the use of telehealth and other technology, including but not limited to the risks described in this Consent.
· You have the opportunity to discuss the use of telehealth, including the Service, with your Provider(s), including the beneﬁts and risks of such use and the alternatives to the use of telehealth.
· You have the right to withdraw your consent to the use of telehealth in the course of your care, without prejudice to any future care or treatment and without risking the loss or withdrawal of any health beneﬁts to which your entitled, but you understand that the Providers who utilize the Service do not offer in-person treatment.
· Any withdrawal of your consent will be effective upon receipt of written notice to your Providers, except that such withdrawal will not have any effect on any action taken by Minded, Inc. or your Provider(s) in reliance on this Consent before it received your written notice of withdrawal.
· Any withdrawal of your consent will not affect any other provision of this Consent, and you will continue to be bound by this Consent for prior services.
· You understand that the use of telehealth involves electronic communication of your personal medical information to Provider(s).
· You understand that it is your duty to provide Minded, Inc. and your Provider(s) truthful, accurate and complete information, including all relevant information regarding care that you may have received or may be receiving from healthcare providers.
· You understand that each of your Provider(s) may determine in his or her sole discretion that your condition is not suitable for diagnosis and/or treatment using telehealth technology, including the Service, and that you may need to seek medical care and treatment from your Provider(s), or a specialist or other healthcare provider, outside of such telehealth technology.
· You understand that Minded, Inc. and/or your Provider may record your visit for quality assurance and/or training purposes (the recording is also subject to HIPAA).
Minded, Inc. has a commercial relationship with Specialty Medical Drugstore, LLC dba GoGoMeds. Minded, Inc. has a ﬁnancial relationship with the entity that employs or contracts with your Provider. You are free to obtain your medical examination from another healthcare provider that is not associated with Minded, Inc. Minded, Inc. will use its pharmacy partner to fulﬁll your order directly to your door. You are free to obtain your prescription from any pharmacy of your choice by contacting our support team. You must pay the full amount of the costs associated with use of the Service, including any prescription you may receive. You will not attempt to submit a claim to Medicare, any other federal payor, or any state Medicaid program. If you have a concern about a medical professional, you may contact the Medical Board in your state regarding your concerns.