Patient Terms of Service
Last Updated: September 18, 2021
These Patient Terms of Service (“Patient Services Terms”, “Terms of Service”) govern your use of the GoCrew Platform (as defined below) to receive Telehealth Services (as defined below) from one or more subscribing Health Care Providers (as defined below). Please read these Patient Services Terms carefully before using the Platform.
Patients and families are essential participants in health care, and we want you to understand your rights and responsibilities while using the Platform. If you have any questions about these Patient Services Terms, please contact GoCrew directly.
Telehealth is not suited to provide emergency services. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY.
By clicking “sign up” on the Site as the Registered User, as either the patient, or patient’s legal representative, guardian, conservator, or custodian of a minor child (under 18 years of age) or other person lacking the ability to consent (collectively “You”), You acknowledge to have read, accepted and become legally bound to the terms and conditions set forth below. The terms “You” or “you” shall also mean the patient or recipient of health care services.
YOU AGREE TO THE FOLLOWING:
- You are NOT having a medical emergency.
- You understand and agree that by approving this Agreement you are becoming a Registered User.
- You understand and agree (i) the Provider is providing Telehealth Services from a REMOTE location using telehealth technology through the Platform, (ii) the Telehealth Services you receive via telehealth may not be as comprehensive as services you may receive in an in-person setting, (iii) you have a choice to not receive services through telehealth, and (iv) you fully understand and accept the risks and benefits of receiving services through telehealth.
- You agree to permit the use, disclosure, and storage of your health information in accordance with the GoCrew Notice of Privacy Practices, the Notice of Privacy Practices of the selected Provider, and these Patient Services Terms.
- You understand that communication via email, text messaging, and other electronic means selected by GoDoc may not be secure and could be viewed by unintended persons, and you agree to receive communications, including PHI (as defined below), from GoDoc and the Providers via these electronic means.
- You agree NOT to use the Platform using an unsecured public WiFi or other unsecure electronic connection.
- You agree NOT to record any audio or visual communication transmitted over the Platform without the express consent of all communicating parties.
Section 1: Definitions
- “Informed Consent” means the agreement between the Patient and the Provider to provide and receive Telehealth Services.
- “Health Care Provider(s)” or “Provider(s)” means an independent licensed, accredited, or certified health care professional or practice, which may include medical doctor, physician assistant, nurse practitioner, nurse or other such professionals as determined by GoCrew subscribing to the Platform. Each subscribing Health Care Provider has entered into a contractual arrangement with GoCrew to receive certain services, including being listed as a provider on the Site, and access to the Platform to provide Telehealth Services to patients (the “Subscription Agreement”). Health Care Providers are “covered entities” under HIPAA.
- “GoCrew Inc.” (collectively, “GoCrew”, “we”, or “us”) is a technology platform (“Platform”) that enables Registered Users to identify and engage with, and Patients to receive Telehealth Services from independent Providers through the Platform. GoCrew is NOT a healthcare provider NOR a “covered entity” as defined under the Health Insurance Portability and Accountability Act (HIPAA). GoCrew is a business associate, as defined under HIPAA, to and has entered into a business associates agreement (“BAA”) with each Provider providing services via the Platform.
- “Site” means the website located at www.GoCrewHealth.com and other websites controlled by myGoDoc, Inc., (“Website”) or a mobile application (“App”), both controlled by myGoDoc, Inc.
- “Telehealth Services” means health care consultations, therapies, or treatments provided, supervised, or prescribed by a Health Care Provider to the patient through the Platform.
Section 2: Telehealth
What is Telehealth?
Telehealth, which is sometimes referred to as telemedicine, is the use of telecommunications technology by a health care provider to deliver health care services to a patient/family when he/she/they are located at a different site than the provider. It includes the use of a variety of technologies including two-way video, email, smartphones, remote patient monitoring devices, wireless tools, and other forms of technology.
What to Expect During a Telehealth Visit
During the Telehealth Consultation:
- Details of you and/or your child’s medical history, examinations, x-rays, and tests will be discussed with your Health Care Provider, and other medical staff, through the use of interactive video, audio and telecommunications technology.
- Physical examination of you or your child may take place.
- You may ask any questions regarding your telehealth visit, treatment, equipment, or technology.
- Non-medical technical personnel may be present in the telemedicine studio to aid in video transmission or recording the encounter. You have a right to be informed of all persons in addition to the telehealth providers who are present during your visit.
- Unless you object, video, audio, and/or digital photo may be recorded during the telehealth consultation visit.
After Your Visit:
- You have the right to know all Health Care Providers who will participate in your current, ongoing, and follow-up care.
- You may contact your Health Care Provider
- You understand that it is the role of the Health Care Provider to determine whether or not the condition being diagnosed and/or treated is appropriate for a telehealth encounter.
Expected Benefits of Telehealth Care
- Increased access to care by enabling a patient to obtain services from providers at distant sites.
- Patient remains at home or closer to home where local health care providers can maintain a continuity of care.
- Reduced need to travel for the patient or other provider.
Possible Risks and Limitations of Telehealth Care
- Your Health Care Provider may determine that the telehealth visit is not yielding sufficient information to make an appropriate clinical decision, which may require in-person visits with a provider near you.
- Our electronic communication and/or transmissions of your health information may be disrupted or distorted by technical failures and cause a delay in your medical evaluation and treatment. In the event of an emergency, a telehealth provider may use alternative communications.
- You agree to hold GoCrew harmless for information lost due to technical failures.
Alternatives to Telehealth Care
You are not required to receive treatment via telehealth. You have the right to select another health care provider or to seek an alternative source of medical treatment. However, this decision may result in delays in treatment and the need to travel to another location or provider.
Section 3: Medical Consent
By clicking “sign up” on the website or app as the Registered User, patient, or patient’s legal representative, You are requesting your Health Care Provider to perform or suggest medically sound treatment and care. You are aware that the practice of medicine is not an exact science and acknowledge that no guarantees or promises have been made as to the result of treatment or examination.
MEDICAL CONSENT: By clicking “sign up” on the Site or Platform as the Registered User, patient, or patient’s legal representative (“You”) consent to receive health care services via telehealth technology, which may include orders or provision of medical or surgical treatment, X-ray, laboratory, anesthesia and other medical and hospital procedures performed or prescribed by the attending Health Care Provider. You understand that You may ask questions about your medical care and that medical care, except in certain emergency or exceptional circumstances, may be refused. You understand that if You refuse recommended medical care, then You will be acting against medical advice and You will not hold GoCrew responsible for any negative consequences of your refusal of care.
Section 4: HIPAA Consent – Notice of Privacy Practices
Any medical information collected about you will be governed by your Health Care Provider’s Notice of Privacy Practices (“Provider’s NPP”) and the GoCrew Notice of Privacy Practices. The Provider’s NPP and the GoCrew Notice of Privacy Practices describes how your Health Care Provider/we (as applicable) may use and disclose your protected health information to carry out treatment, payment, or health care operations and for other purposes that are permitted or required by law. It also describes your rights to access and control your protected health information. By clicking “sign up” below, you agree that you have read and understand your Health Care Provider’s Notice of Privacy Practices and GoCrew’s Notice of Privacy Practices.
Section 5: Communications Policy
Contact Information for Telehealth Provider
You may contact your Health Care Provider through the Platform.
Authorization for Electronic Communication
By clicking “sign up” on the website or app as the registered user, patient, or patient’s legal representative (“You”) authorize your Health Care Provider to communicate information, including health information, through electronic means including but not limited to cell phone, text messaging, email, chat, and voicemail, and you understand there is a risk that information contained in these communication could be read by an unauthorized third party and are not protected by encryption technology.
You understand that you do not have to sign this authorization in order to get health care benefits (treatment, payment, enrollment, or eligibility for benefits).
You may cancel this authorization in writing at any time. If You do, it will not affect any actions taken by your Health Care Provider or GoCrew in reliance on this authorization before it receives my written cancellation. You may not be able to cancel this authorization if its purpose was to obtain insurance.
Section 6: Registered User Responsibilities
- Registered User is responsible for providing accurate information, provided either on the website, in our app, or in the forms and the medical histories are correct to the best of your knowledge, and for updating any demographic information, including insurance coverage information, in the medical record.
- Registered User agrees to follow all recommendations, protocols and other instructions provided by GoCrew.
Section 7: Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, GOCREW PROVIDERS, PARTNER PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE GOCREW PLATFORM.
The Platform is intended for use only within the United States and its territories. We make no representation that the Platform is appropriate, or is available for use outside the U.S. Those who choose to access and use our Platform from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
Section 8: Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, GOCREW PROVIDERS, PARTNER PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE GOCREW PLATFORM OR FROM THE USE OF OR INABILITY TO USE THE GOCREW PLATFORM, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Section 9: Patient Consent
By clicking “sign up” on the website or app as the Registered User, patient, or patient’s legal representative, You understand the following:
- You understand that you may benefit from telehealth care, but that results cannot be guaranteed or assured.
- You understand that you have the right to withhold or withdraw my consent to the use of telehealth in the course of my care at any time, without affecting my right to future care or treatment.
- You understand that your Health Care Provider, at any time due to health and/or technological concerns, stop your telehealth visit and schedule an in-person visit or refer me to a local health care provider if my telehealth provider believes you would be better served by an in-person visit.
- You understand that a variety of alternative methods of medical care may be available to you, and that you may choose one or more of these at any time. Your Health Care Provider has explained the alternatives to your satisfaction.
- You understand that telehealth may involve electronic communication of my personal medical information to other medical practitioners, including my primary care provider, who may be located in other areas, including out of state.
- You understand that the laws that protect privacy and the confidentiality of medical information also apply to telehealth, and that no information obtained in the use of telehealth which identifies you will be disclosed to researchers or other entities without my consent.
- You understand that you have the right to inspect all information obtained and recorded in the course of a telehealth interaction and that you may receive copies of this information for a reasonable fee.
- You understand that it is your duty to inform your Health Care Provider of electronic interactions regarding my care that you may have with other health care providers.
Section 10: General Provisions
- These Patient Services Terms make up the entire agreement relating to your use of the Platform, and supersede all prior agreements relating to the subject matter hereof.
- We may change, suspend, or discontinue use of the Platform at any time. We will try to give you prior notice of any material changes to the Platform. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.
- We may change, suspend, or discontinue any of our partnerships, including health system partnerships, at any time. We will provide you with notices of such changes as applicable.
- These Patient Services Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Patient Services Terms to anyone else without our consent. GoCrew may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Even after termination, these Patient Services Terms will remain in effect such that all terms that by their nature may survive termination will survive such termination.
- If you have any questions about these Patient Services Terms, please contact firstname.lastname@example.org.
Patient Consent to the Use of Telemedicine
You hereby authorize your Health Care Provider to use telemedicine in the course of your or your minor child’s diagnosis and treatment.
By acknowledging this authorization electronically by clicking “sign up”, you agree to its terms and representations.