By participating in Remote Therapeutic Monitoring (RTM), you acknowledge and agree to these terms and conditions.
Last Revised: November 22, 2023
By participating in Remote Therapeutic Monitoring (RTM), you acknowledge and agree to these terms and conditions.
Last updated: November 22, 2023
Flagler Health, Inc. ("Flagler," "Flagler Health") provides the remote therapeutic monitoring services ("RTM services") to improve care and service to its client Provider(s) ("Providers"), an individual or a third party who is authorized by a Provider to access and use the Services ("Designees"), and Providers’ Patient(s) ("Patients" or “You”).
The purpose of this form is to obtain your consent to participate in and/or receive text messages and phone calls from Flagler. The Provider is your provider of medical services. Your Provider is not employed, owned, or controlled by Flagler.
By registering with Flagler, You are allowing Flagler to send You text messages and call You. Flagler will collect and store information that You provide to Flagler.
You may periodically receive automated email/texts/phone calls, reminders, care suggestions ("Care Suggestions"), and wellness suggestions ("Wellness Suggestions") from Flagler on behalf of Providers and/or Designees. Communications may include text-message based chats, calls, and video meetings between Patients, Providers, and Designees. Check-in may also include specific assessments about Patients’ condition, i.e., range of motion and mobility. Check-In may also include surveys to Patients. Patients may provide text inputs, journal logs, photos (i.e. wound pictures), or videos to indicate conditions. The Providers and/or Designees may elect to receive a summary of Patients’ responses to monitor Patients’ conditions and/or recovery. Training Suggestions may include suggestions for Patients on physical therapy and physical training. Care Suggestions may include suggestions for Patients’ self- monitored care at home, i.e. wound, range of motion and mobility. Wellness Suggestions may include suggestions for Patients on self-monitored wellness care, i.e. diet, meditation and sleep. Patients may also receive marketing or promotional communications via email, in-app messages, and other media. Patients may opt out of communications by following the opt-out or unsubscribe functionality in the transmittal or contacting us at the contact listed below.
In some cases, quality of the information You provide to us (including photographs, texts, and other data you upload) may affect the quality of the Provider’s diagnosis, treatment, and/or advice that your Provider provides. Additionally, failures of equipment or technologies or scheduling issues may cause delays in Your evaluation or treatment. You understand the risks presented by the above issues, circumstances, and disadvantages and that You may opt out of the program at any time.
IF YOU BELIEVE THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL CARE, YOU SHOULD IMMEDIATELY CALL 911.
Do not rely on electronic communications or communications with Flagler for immediate, urgent medical needs. If you believe you have any other non-urgent or non-emergency issue, question, or concern regarding your health or a medical condition, you should promptly contact your Providers directly. Never delay or disregard medical or professional advice because of information you obtained from Flagler.
Patient's information may be shared with Third Parties including other Providers and/or Designees in order to facilitate the coordination of care, provision of benefits, or research on quality and cost of services. Flagler will input information received from Patient into the electronic health record (EHR). Flagler is not responsible and will not be held liable if Patient or Provider provides inaccurate or untruthful information. Patient and Provider understand that there may be errors in transmitting information to the EHR and it is the Provider’s responsibility to check the entries in the EHR and verify the information with the Patient. Patient is defined as the individual patient or the legal parent or guardian of the individual patient if the patient is under 18 years of age.
Flagler does not provide emergency medical or health services or advice. In the event of an emergency, immediately contact your providers, go to the emergency room of the nearest hospital, or call for emergency help (e.g., dial 911 where 911 service is available).
Flagler, its directors, officers, principals, employees, contractors and agents do not recommend or endorse any specific tests, Providers, products, procedures, opinions, or other information or content that may be contained in, linked to, or communicated from Flagler.
While Flagler has safeguards in place to protect digital medical records, in rare circumstances, security protocols could fail, causing a breach of patient privacy. Flagler is not responsible for loss of protected health information (“PHI”) or other data due to technical failures and other circumstances that are beyond our control, and we are not responsible for unauthorized access of PHI while in transmission to you or for safeguarding information once delivered to you.
Patients utilizing these services shall bear no personal financial liability for the costs incurred. All financial responsibilities pertaining to the Flagler RTM services, including but not limited to, billing and payment obligations, shall be the sole responsibility of the Provider. Flagler Health shall direct all billing inquiries and payment requests to the Provider.
You may withhold or cancel your consent to receiving RTM services at any time by terminating your user account or notifying your Provider and Flagler by text message. You understand that when you cancel your consent, it is effective only from the date of cancelation forward, and not retroactively. However, if you cancel your consent to communicating using technologies, your will not have the ability to receive RTM services through Flagler. Otherwise, your cancellation will not affect your right to future care or treatment.
Agreement and Consent
THE FLAGLER HEALTH COMMUNICATIONS IS PROVIDED 'AS IS' AND 'AS AVAILABLE' AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE FROM FLAGLER HEALTH.
WITHOUT LIMITING THE FOREGOING, FLAGLER HEALTH, ITS OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, CONTRACTORS OR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE FOLLOWING:
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT AND LINKS, COMMUNICATIONS OR INFORMATION PROVIDED ON OR THROUGH THE USE OF FLAGLER HEALTH SERVICES;
THE COMPLIANCE WITH ANY GOVERNMENT LAWS OR REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON THERAPIES, DEVICES, PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY INFORMATION OR TOOLS CONTAINED IN OR ACCESSIBLE THROUGH THE FLAGLER HEALTH SERVICES;
THE PRIVACY OR SECURITY OF ANY PERSON OR SITE WHICH MAY HAVE ACCESS TO PHI THROUGH THE FLAGLER HEALTH SERVICES; OR ANY MEDICAL OR OTHER TREATMENT, ACTION OR PROTOCOL, ANY MEDICINE OR MEDICAL DEVICE; ANY SUPPLEMENTS OR OTHER SUBSTANCES, WHETHER INGESTED OR OTHERWISE USED OR APPLIED; OR ANY TREATMENTS DISCUSSED OR REFERRED TO IN THE FLAGLER HEALTH SERVICES.
IN NO EVENT SHALL FLAGLER HEALTH, ITS OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY, WRONGFUL DEATH, LOST PROFITS, OR DAMAGES) RESULTING FROM THE USE OF FUNCTIONS, COMMUNICATIONS OR INFORMATION RECEIVED OR AVAILABLE FROM THE FLAGLER HEALTH SERVICES, ANY LINKED INFORMATION OR THE CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLAGLER HEALTH, AND ITS DIRECTORS, OFFICERS, PRINCIPALS, EMPLOYEES, CONTRACTORS OR AGENTS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Last Revised: March 18, 2023
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