PLEASE READ THE FOLLOWING AGEEMENTS CAREFULLY.
TO ALSO enroll in the HealthAssist Caregiver Program, YOU ARE THEREBY AGREEING TO the “HealthAssist Caregiver Program (cAREGIVER CONNECT™) Agreement and HIPAA Authorization,” BELOW. YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THE HEALTHASSIST CAREGIVER PROGRAM AGREEMENT AND YOU ARE authorizing WellCare to disclose yOUR personal health information to YOUR Caregiver.
I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND AND AGREE TO THE AGREEMENT IN ITS ENTIRETY. In addition, I agree to the following:
I agree to conduct business with WellCare Today, LLC and its affiliated companies (collectively, “WellCare”), through its website and by using the Application.
I understand that I have the right to withdraw my consent at any time. If I want to withdraw my consent, I understand that I must do so in writing, by emailing WellCare at email@example.com or calling us at 1-800-201-1450. I acknowledge that my withdrawal of the consent will not be effective for uses and/or disclosures that have already been made based on my prior consent.
I have the right to receive paper copies of this Agreement and, if I choose to enroll in the HealthAssist Caregiver Program, my HIPAA Authorization. If I consent to electronic delivery of my agreements with WellCare and I later choose to withdraw my consent, WellCare will send to me paper copies of my documents.
WellCare Today, LLC Terms and Conditions Agreement
HealthAssist provides you with tools to better manage your medical condition(s). The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read through this application. If you think you may have a medical emergency, call your doctor or 911 immediately. WellCare Today does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information accessed through the HealthAssist application is solely at your own risk.
HealthAssist will not identify or alert you to any potential drug-drug interaction. For medical inquires and advice, including those related to dosing or drug-drug interactions, please consult your physician.
None of the information we provide through HealthAssist is intended to be medical advice.
Application is a Secondary Reminder Tool
HealthAssist is intended as a helpful backup reminder system. You should not and must not rely on the HealthAssist. At times, it may not function as intended. Specifically, HealthAssist will not function properly if your device is broken or if the power is turned off or if the application software is not enabled or if any hardware or software on your device prevents the application from operating as intended. You acknowledge that HealthAssist and the utility of any of its alerts or notifications, depends on information that you enter. Ultimately, you are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages.
THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Third-Party Websites and Materials
References or links to any third parties or their websites or information are provided only as a convenience to you and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.
We hereby grant to you a limited, nonexclusive, non-assignable, non-sub licensable license to access and use HealthAssist, and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this agreement (“Agreement”). This license is only for your personal and noncommercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of HealthAssist for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make HealthAssist available for use by others on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into HealthAssist, you may not:
lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer HealthAssist or the right to download or use HealthAssist;
use HealthAssist for any commercial purpose or for any commercial or non-commercial public display;
copy, decompile, reverse engineer, disassemble, derive the source code of HealthAssist, any updates, or any part of HealthAssist or updates, or attempt to do any of the foregoing;
modify or create derivative works of HealthAssist, any updates or any part of the updates;
remove any copyright or other proprietary notations from HealthAssist; or
transfer the content or materials HealthAssist or companion site to anyone else or “mirror” the same on any server.
If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
We retain all rights to the Application that are not specifically granted to you in this Agreement. We do not transfer to you any title to or any proprietary or intellectual property rights in or to the Application, any updates or derivative works of the App, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection with the Application.
Technical Requirements for Electronic Delivery
In accordance with this Agreement, when possible, we agree to provide you with, and you agree to accept, all documents and information electronically, including electronic notices, forms, contracts, and correspondence, in lieu of delivery by U.S. mail or other physical delivery as applicable. We agree to send your paper notices, forms, contracts, and/or correspondence as required by law, or in the event we have a business need to do so.
In order to access your HealthAssist account electronically, you must have a computer, mobile phone, tablet, or other mobile device capable of connecting to the Internet and a browser capable of viewing our website. Your browser must be capable of downloading, displaying, printing, and retaining documents in the Adobe Acrobat Portable Display Format (PDF). You must also have a mail reader capable of reading and displaying email.
Limitations on Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Any claims arising in connection with your use of HealthAssist must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions, even if the applicable remedy under these Terms and Conditions fails of its essential purpose.
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees. Agents, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising from or relating to your use of the Application or your breach or violation of this Agreement.
Termination of Application
These terms are effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of HealthAssist. If you violate these Terms and Conditions, our permission to you to use HealthAssist automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of HealthAssist, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall HealthAssist on all of your devices and destroy all materials downloaded or otherwise obtained from the application, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitations on Liability, Indemnity, Choice of Law and Forum, Complete Agreement and Severability, and Waiver of Trial by Jury.
Governing Law and Venue
This Agreement will be construed and enforced in accordance with the internal laws and judicial decisions of the State of New Jersey, excluding its conflict of laws rules that would refer to and apply the substantive laws of another jurisdiction. With respect to any lawsuit, judicial proceeding, or similar proceeding by and between the parties, it is hereby agreed that they shall be commenced only in a state or federal court located in the State of New Jersey. This means that if you file a lawsuit related to this Agreement, you can only bring the lawsuit in a court physically located in New Jersey. You hereby consent to both personal jurisdiction and venue in and to proceedings brought in any such court which has competent subject matter jurisdiction. If anyone else files a lawsuit related to this Agreement in any state or federal court outside of New Jersey, you agree that you will not dispute or challenge a request to move such lawsuit to New Jersey, or argue that litigation in New Jersey would be unfair or inconvenient for you.
WAIVER OF TRIAL BY JURY
TO FACILITATE JUDICIAL RESOLUTION AND SAVE TIME AND EXPENSE, THE PARTIES IRREVOCABLY AND UNCONDITIONALLY AGREE NOT TO DEMAND A TRIAL BY JURY, AND THEY DO HEREBY WAIVE ANY TRIAL BY JURY, IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
You agree that these Terms and Conditions and all incorporated agreements between you and us may be automatically assigned by us, in our sole discretion, to an affiliate or to a third party in the event of a merger, acquisition or liquidation.
WellCare Today, LLC HealthAssist Account Privacy Statement
HealthAssist is a personal healthcare service that helps remind you to take your medication, refill your prescriptions timely, and have access to condition-related knowledge and/or organizations that may help improve your medical condition. The PHRAlert service enables HealthAssist to connect to and synchronize data from selected 3rd party databases. For instance, your existing PHR such as Microsoft Health Vault, your Prescription Benefits Manager, Your Healthcare Payer, may all provide value to either instantly setup data in the application for you, enable you to have the application submit your refill request to your pharmacist, or alert you when your prescription medications ready to be picked up or put in the mail.
In the event of a health emergency, your healthcare provider can access PHR information, provided they are supplied with the username and password to access the account.
Sharing your Personal Health Information
A key value to the Service is the ability to share your health information or aggregate your information with others to provide you with the ability to better manage your health, giving you access to:
Condition-Related Clinical Trials
Condition-Related Seminars or Clinics
Prescription subsidy programs to improve affordability
Condition-Related Articles and Studies
Condition-Related Support Groups or Services
Condition-Related Social Media Sites
HealthAssist Caregiver Program
If you elect to enroll in the HealthAssist Caregiver Program, you will provide us the name, e‑mail address, and mobile phone number of an individual (hereafter referred to as your “Caregiver”) whom you have chosen to assist you with your health care needs. Your Caregiver could be your spouse, your child, sibling, someone to whom you have given a medical power of attorney, a legal guardian, or any other person you choose to assist you with your health care needs. We will not have any obligation to ensure your Caregiver has the authority to act on your behalf or the authority to make health care decisions for you, but instead we will rely solely on you to identify your Caregiver.
Your Caregiver will be assigned a unique User ID and password that is different from your User ID and password. Using his or her own User ID and password, your Caregiver will have access to your medication adherence history held in your HealthAssist Account for each medication that you set up in HealthAssist. At any time, your Caregiver will only have access to your 30-day history.
Each time you log into your account, you will be reminded that you have authorized your Caregiver to receive or access your personal health information. At that time, you will be given the opportunity to maintain the authorization or to revoke it. Accordingly, you may revoke your authorization for your Caregiver to receive your health information at any time by logging into your HealthAssist account and electing to revoke the authorization. We will not have any obligation to monitor your Caregiver’s actions or activities on your account, and we will be able to rely on your authorization for any information disclosed to your Caregiver before you revoke your authorization.
How we use your personal information
We use personal information collected through the Service, including health information and your Caregiver’s information, to provide the Service, and as described in this privacy statement.
WCT may access and/or disclose your personal information if we believe such action is necessary to:
Comply with the law or legal process served on WCT
Protect and defend the rights or property of WCT (including the enforcement of our agreements); or
Act in urgent circumstances to protect the personal safety and welfare of users of WCT services or members of the public.
How we use aggregate information and statistics
WCT may use aggregated information from the Service to:
Support healthcare data analytics, recognizing the correlation between patient best outcomes and the correlation of the independent variables towards best outcomes.
Identify opportunities of healthcare cost savings that might reduce healthcare premiums
Should you wish to opt-out of any service in HealthAssist, press the settings icon and opt-out, or delete the information in the section that you wish to opt-out of.
Share records with programs through the Service
Organizations we share information with:
We may share records or synchronize data to setup most of the fields in your application, which may be from your:
PHR Record Provider, such as Microsoft HealthVault
The Centralized Patient Database of your Pharmacist or PBM (Pharmacy Benefit Manager)
Your healthcare payer (insurance Company or Third Party Administrator)
Support personnel, such as your healthcare providers or others that are made available to you to help improve your health outcome
In order to access the Service, the Program provider must commit to protecting the privacy of your health data. WCT can revoke a Program provider’s access to the Service if a Program does not meet its privacy commitments to WCT. We encourage you to contact us if you believe a Program is not protecting the privacy or security of your health data.
No Program has access to your information through the Service unless and until an authorized user opts in through the Service to grant it access. WCT requires Program providers to (i) agree not to disclose your data without express consent unless (ii) a healthcare provider, insurer, or other entity that is subject to laws governing the use and disclosure of health information operates the Program, in which case WCT requires that the Program comply with those laws.
Security of your personal information
WCT is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, and disclosure. For example, we store the personal information you provide on computer services with limited access that are located in controlled facilities.
Data Retention and Corrections
At any time, you can stop collection of your information by uninstalling HealthAssist and discontinue use of the HealthAssist Companion Site. We will keep your information for as long as you continue to use HealthAssist and for a reasonable period of time afterwards. Upon your request, we will take reasonable steps to delete your personally identifiable or personal health information from our active databases.
Links to other websites or apps
Enforcement of this privacy statement
If you have questions regarding this statement, you should first contact us by sending an email to firstname.lastname@example.org.
Changes to this privacy statement
We may occasionally update this privacy statement. We encourage you to review this privacy statement periodically to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.
WellCare Today, LLC welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that we have not adhered to it, please contact us by regular mail or by email to email@example.com.
WellCare Today, LLC, 330 Changebridge Road, Suite 101, Pine Brook, NJ 07058
HealthAssist Companion Website:
To improve the use-ability of HealthAssist, we have created a companion website. You can access the site at http://assist.wellcaretoday.com. Using the same username and password, you can setup any or all of the features of HealthAssist, but through the convenience of using a large PC screen and keyboard. You can also access the Savings section, providing you with information on prescription or other savings that may be available to you.
Will provide you with “condition-related” links to Clinical Trials, social networks for condition-related chat rooms, disease management information, best practices, best outcomes and new treatments, easily connecting you in many ways to information that can help you improve your health. This service can be turned off at any time in the settings section of your application.
Taking your medication timely has a direct correlation to your health state and associated healthcare costs. HealthAssist will help improve your Medication Adherence by providing reminders once CalendarAlert is setup.
CalendarAlert may also be utilized to remind you to schedule a condition-related or age-related preventative exam, such as an annual physical, lab test, flu-shot, colonoscopy, mammography, eye exam or other preventative exams which are important to maintain your health.
You now have the ability to be reminded when it is time to refill your prescription. Certain versions of this software will also enable HealthAssist to submit refill requests to your Pharmacy. This service can be turned off at any time in the settings section of your application
Select from weather, horoscope, stock symbol or local sports scores and GoFetch℠ will retrieve that information and post it for you to see, each time you receive your reminder to take your meds.
Provides you with access to up to health-related savings
PHR (Personal Health Record)
We will store your medical history, which can be easily made available to Healthcare Providers in the event of an emergency should you encounter such a need in the future. Additionally this service will enable you to link and synchronize healthcare data stored by your various Medical Providers. You may store and save information and edit/add other information that becomes available to you.
In essence, all features and services are opt-in, meaning they are functional only if you setup and complete the required information. Additionally, HealthAlerts and RefillAlerts can be turned off at any time via the settings section. That said, the more information you enter, the better HealthAssist can support you because it is that very information that enables the application to connect you with articles/information that can assist you in managing your condition, learn about prescription or other savings available, have easy access to support systems or personnel, or save you time by submitting your prescription refill requests for you. Since information stored in this application is private, a username and password will be used to access that information. A username and password is required to access all information.
This version now supports the RefillAlert service which reminds you when it is time to refill your prescription. Please edit each medication, adding the last refill date and quantity of pills which is on your prescription label. You may turn this off at any time using the settings icon.
HEALTHASSIST CAREGIVER AGREEMENT AND HIPAA AUTHORIZATION
I understand that by enrolling in the HealthAssist Caregiver Program and entering into a contract with WellCare that will allow WellCare to disclose my personal health information to my Caregiver.
HEALTHASSIST CAREGIVER HIPAA AUTHORIZATION
I. Authorization to Disclose My Personal Health Information to My Caregiver
I, hereby authorize WellCare Today, LLC and its affiliates (“WellCare”) to disclose to my Caregiver, whose name and contact information will be provided by me in the appropriate section of the HealthAssist application, and to give my Caregiver access to, my medication adherence history held in my HealthAssist Account for each medication that I have set up in HealthAssist. I understand that any time my Caregiver will only have access to my 30-day history. I understand that this authorization is voluntary and that I may refuse to agree to this authorization, and that I may revoke it at any time by logging into my HealthAssist Account and electing to revoke my authorization.
The purpose of the requested disclosure is to permit my Caregiver to assist me with my medical needs. Unless revoked earlier, this authorization will expire when my HealthAssist Account is terminated for any reason.
Important Information About Your Rights
I have read and understood the following statements about my rights:
I may revoke this authorization at any time prior to its expiration date by logging into my HealthAssist Account and electing to revoke my authorization. I understand and agree that my HealthAssist Account may not be available at all times due to circumstances beyond the control of WellCare, such as utility outages.
I agree the revocation will not have any effect on any actions that WellCare takes before it receives the revocation.
I understand that there is the potential for information disclosed under this authorization to be re-disclosed by my Caregiver and that my information, once delivered to my Caregiver, will no longer be protected by HIPAA.
I understand that by enrolling and participating in the HealthAssist program, I am confirming that I have read the above information and am accepting the corresponding terms & conditions and privacy statement.