Terms & Conditions


Fees

These terms and conditions are explicit to InteliChart on FHIR USCDI V1 APIs interoperability compliances.

InteliChart on FHIR USCDI VS1 APIs is currently available at an annual subscription rate of $1 per patient or member record maintained by the Physician Practice, Payer or other organization, in compliance with the Office of the National Coordinator for Health Information Technology (ONC) rules and regulations. These terms are subject to change at the discretion of InteliChart. All changes including any future applicable fees for the use of InteliChart on FHIR USCDI VS1 APIs and its data will be publicly posted prior any changes. All InteliChart materials are provided as-is with no warranties, express or implied. Please note the full Terms and Conditions Requirements including fees may be requested at Contact Us.

Some of InteliChart’s APIs may require a license on a subscription fee basis. You agree to pay InteliChart subscription fees at the Subscription Rate applicable to the USCDI v1 FHIR APIs and to each of the FHIR OPEN APIs You use, except that such subscription fees do not apply to Internal and Noncommercial Use of FHIR OPEN APIs other than the USCDI v1 FHIR APIs (defined below). The "Subscription Rate" means the then-current standard subscription rate charged by InteliChart for each API or group of APIs. Current Subscription Rates for the FHIR OPEN APIs are available upon request and submit to change. Any such changes for paid services will be posted on InteliChart.com

You must: (1) use commercially reasonable efforts to prevent unauthorized access to or use of the Open API and User Information, including implementing commercially reasonable administrative, physical and technical safeguards for the protection of the security, confidentiality and integrity of all User Information in a manner that ensures compliance with applicable federal, state and local laws and regulations and each end user privacy policy that applies to your end users (including heightened protection for personally identifiable information and protected health information); (2) use the Open API, the User Information, and the Documentation solely in compliance with your own end user privacy policies and with all applicable federal, state and local laws and regulations, including (to the extent applicable) the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191) and all regulations promulgated thereunder (45 C.F.R. §§ 160-164), as amended by Subtitle D of the Health Information Technology for Economic and Clinical Health Act and all regulations promulgated thereunder, as Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5), as amended from time-to-time (“HIPAA”) and similar patient and consumer privacy laws; (3) not use the Open API, the User Information, or the Documentation in any way that violates the intellectual property rights or privacy rights of any applicable user or other party; (4) not use or disclose any User Information except as necessary for the purposes contemplated by MU3 and these Terms of Use; (5) not attempt to tamper with, alter, disable, hinder, by-pass, override, or circumvent any security, reliability, integrity, accounting or other mechanism, restriction or requirement of the Open API or any InteliChart software; (6) not access the Open API, User Information or Documentation in order to compete or build a competitive product or service, or impair the market for InteliChart software or any part thereof; and (7) not access or use the Open API, User Information or Documentation in any manner that harms or (threatens to harm) InteliChart’s business reputation, is detrimental to InteliChart’s business, or subjects (or reasonably may subject) InteliChart to legal liability.


Requirements

The terms and conditions requirements are applicable to all users who access InteliChart FHIR USCDI VS1 APIs in anyway regardless of the reason.

This document is intended to describe the expectations from InteliChart in compliance under the American Data Privacy Act (ADPPA) and the General Data Protection Regulations (GDPR) for all InteliChart employees, clients and patients who use the open InteliChart APIs, certain interfaces, and other standards-based and InteliChart-developed application programming interfaces (APIs) to connect and interact with InteliChart clients’ systems. InteliChart includes materials to use as you develop, test, market, offer, deploy, and support products or services that interact with the interfaces and APIs available on InteliChart.com and are also included. All InteliChart materials are provided as-is with no warranties, express or implied. Please note the full Terms and Conditions Requirements may be requested at Contact Us.

Obligations

The terms and conditions requirements are applicable to all users who access InteliChart FHIR USCDI VS1 APIs in anyway regardless of the reason.

Patients have the right to obtain their data from health care providers as quickly as possible per the ONC 21st Century Cures Act. InteliChart will attempt to ensure that all ONC government rules and regulations follow the 21st Century Cures Act to the best of our ability. InteliChart will address any discrepancies or deviations of information exchanges in the timeliest manner once the issue or request has brought to the attention of our organization. All terms and conditions obligations are with the sole intent of preventing harm exceptions to patient and/or providers. InteliChart may withhold information if the organization has determined that disclosure of that information is like to endanger the life or physical safety of any person.

InteliChart may limit access or withhold information if the requested information is not in compliance with privacy laws. This condition is more likely to be applicable in the case of minors.

InteliChart will only be able to comply with the 21st Century Cures Act Information Blocking rule for requested records that currently exist in electronic form and understands that the rule does not apply to information that exist outside of a patient’s designated record set . InteliChart in compliance with the 21st Century Cures Act may determine that certain information which is part of an electronic records however may not always make that information available via the portal.