ONE TO ONE HEALTH
TEXTCARE PATIENT AGREEMENT
This Patient Agreement (the “Agreement”) sets forth the terms and conditions pursuant to which you will receive virtual primary care services from One to One Health’s network of affiliated entities, including One Doc, PLLC and Two Doc, PLLC (“One to One Health”) through its TextCare application (“TextCare”).
Please read the Agreement before accessing TextCare. By using TextCare or by clicking to accept the Agreement when this option is made available to you, you (i) acknowledge that you have read and understand this Agreement; (ii) represent and warrant that you have the right, power and authority to accept this Agreement and, if you are acting on behalf of another person, that you have the legal authority or legal authorization to act on behalf of that other person and bind that other person to this Agreement (and you agree that all references in this Agreement to “you” and “your” include such other person); and (iii) accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not access or use TextCare.
By using TextCare, you represent and warrant that you are (i) of legal age to form a binding contract with One to One Health and meet all of the foregoing eligibility requirements or (ii) the parent or legal guardian of the recipient of the virtual primary care services if the recipient is under the age of 18 and have legal authority to form a binding contract with One to One Health on behalf of the recipient. If you do not meet all of these requirements, you must not access or use TextCare.
Virtual Primary Care Services
One to One Health will provide you with virtual primary care services through TextCare (the “Services”) during the term of this Agreement. The Services include unlimited access to medical providers via text message, encrypted chat, video visit, and phone call that may include, when appropriate, consultations, diagnoses, treatment, referrals, and transfer of electronic medical data. For a further description of the Services provided through TextCare, please see the menu of services available at www.OneToOneHealth.com/TextCare. The Services will be provided by physicians, nurse practitioners, physician assistants and other medical staff employed by or otherwise contracted with One to One Health.
Consent to Treatment via Telehealth
You acknowledge and agree that One to One Health will provide the Services to you remotely by means of TextCare, a telecommunications technology platform (i.e., via telehealth). You consent to treatment by One to One Health physicians and staff via telehealth, including but not limited to consultation, diagnosis, treatment, and prescriptions for medications. You acknowledge and agree no guarantees have been made to you as to the results or outcome of your care.
Although telehealth may allow you to receive the Services more conveniently, telehealth is not without some disadvantages and risks, including without limitation potential lack of some visual or physical cues otherwise present in a face-to-face meeting or disruptions that could be caused by failures of communication equipment, technologies or service.
You agree to accurately disclose your location prior to receiving treatment. One to One Health providers are only permitted to provide treatment if you are located in a state and jurisdiction in the United States of America in which such providers are licensed to practice medicine.
One to One Health reserves the right, and each medical provider shall have the right, under their sole judgment, to require that a visit for rendering medical care be conducted using video communications.
You will not engage in any hostile, harassing or other inappropriate behavior when accessing TextCare or otherwise interacting with One to One Health ‘s professional staff to receive the Services.
Communications Consent
You acknowledge and agree that initiating communications with One to One Health providers using standard SMS and MMS text messaging will be considered as your consent and preference to use SMS and MMS messaging for that visit. You understand that SMS and MMS text messages are not confidential methods of communications and may be insecure. You further understand that, because of this, there is a risk that messaging regarding your medical care might be intercepted and read by a third party.
Any health information received by One to One Health from you will be considered protected health information and will be subject to our notice of privacy practices.
Protected Health Information
You acknowledge and understand that, although One to One Health has implemented safeguards to attempt to protect electronic communications, communicating with One to One Health electronically may not be completely secure, creating a risk of improper disclosure of your protected health information (“PHI”) to unauthorized individuals. You hereby expressly authorize One to One Health to communicate electronically with you for all purposes, including regarding your PHI. One to One Health will not be liable to you for any damages, losses, injuries, expense or costs that you suffer or incur as a result of, or with respect to, the use of electronic communications.
Intellectual Property
You acknowledge and agree that, with the exception of a non-exclusive, non-transferable, limited personal use license granted to you by One to One Health during the term of this Agreement, TextCare, and intellectual property rights relating thereto, is exclusively owned by One to One Health . You will not copy, share, distribute, disseminate, rent, lease, lend, sell, license, assign, publish, transfer or otherwise make available TextCare or any related application or electronic patient portal provided by One to One Health, or any portion of any of the foregoing, to or with any other person at any time for any purpose. You will not use or access TextCare and any related application or electronic patient portal for any purpose other than to receive Services under this Agreement.
Emergency Services
IN CASE OF AN EMERGENCY, YOU SHOULD SEEK IMMEDIATE MEDICAL ATTENTION OR EMERGENCY CARE BY IMMEDIATELY GOING TO AN EMERGENCY ROOM OR BY CALLING 911. Medical concerns that may require emergency treatment should never be raised or addressed through TextCare or its related patient portal.
Prescription Policy
One to One Health ‘s providers are licensed to write prescriptions and will provide prescriptions (to be filled at the pharmacy of your choice) as necessary for treatment or management of medical conditions that are within the scope of the Services provided via TextCare. You will be responsible for the payment for any such prescriptions, either through existing health care coverage or personally. One to One Health will never issue prescriptions for controlled substances through the Services provided by TextCare.
TextCare Is Not Insurance
You acknowledge, understand and agree that TextCare is not an insurance product and the services provided pursuant to this Agreement are not an insurance plan under the laws of Tennessee or any other state or a substitute for health insurance. It does not replace any existing or future health insurance or health plan coverage that you may obtain or maintain. One to One Health will not bill any insurance plan or other third parties. One to One Health provides only the Services as described herein that are personally provided by One to One Health or its staff. If you are uninsured, notwithstanding entrance into this Agreement, you may still be subject to tax penalties under the Patient Protection and Affordable Care Act, Public Law 111-148 (the “Act”) for failing to obtain insurance, and if you are insured by a health insurance plan that complies with the Act, you may already have coverage for certain preventative care benefits at no cost to you.
Notice to Medicare/Medicaid Patients
At this time, One to One Health does not provide the Services described herein to Medicare, Medicaid, TennCare or any other government health care beneficiaries. You acknowledge this fact, and you agree that you will not use TextCare for an issue or injury that you anticipate or expect to be covered by Medicare, Medicaid, TennCare or any other government health care plan. Further, you agree that at no time will you submit a claim to Medicare, Medicaid, TennCare or any other government agency for the Services provided to you via TextCare.
Assumption of Risk; Release; Indemnification.
You voluntarily choose to participate in, and accept and assume all risks of participation in, TextCare. YOU HEREBY VOLUNTARILY FULLY RELEASE, WAIVE, COVENANT NOT TO SUE, FOREVER DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, ONE TO ONE HEALTH , ITS EMPLOYEES, MEMBERS, OFFICERS, PERSONNEL AND BUSINESS PARTNERS FROM AND WITH RESPECT TO ANY AND ALL COSTS, EXPENSES, LIABILITIES, LOSSES, CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION OF ANY KIND WHICH ARE IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN TEXTCARE OR OTHER SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT. This paragraph shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. It is your express intent that this paragraph bind your family members, spouse, heirs, assigns, personal representatives, and anyone else entitled to act on your behalf.
Modification of the Agreement
One to One Health reserves the right to modify the terms and conditions of this Agreement, or any policies related to the access and use of TextCare, at any time and in its sole discretion; provided, that, in the event of such modification, One to One Health will use reasonable efforts to notify you and other Service recipients of the modification by posting a public notice on its website.
Miscellaneous
This Agreement contains the entire agreement between the parties and replaces any earlier understandings and agreements whether written or oral. This Agreement, and any rights you may have under it, may not be assigned or transferred by you. You acknowledge that you understand this Agreement and have had a reasonable time to seek independent legal advice regarding the Agreement. Any portion of this Agreement deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the Agreement as a whole to the fullest extent authorized by law. This Agreement will be governed and construed under the laws of the State of Tennessee. There are no third party beneficiaries to this Agreement.