Montage Health Terms & Conditions of MyChart Patient Portal System Use

Welcome to Montage Health MyChart. Montage Health is pleased to offer you online access to portions of your medical record and related services through this site. You must comply with the terms, conditions, and notices stated below. Montage Health reserves the right to limit or terminate your use of MyChart if you fail to abide by the Terms and Conditions. Please take the time to review them carefully. Your continued use of MyChart indicates your agreement to be bound by these terms of use. If you do not agree to be bound by these terms, please promptly exit and discontinue your use of MyChart.

  1. User Responsibility
    1. You understand that:
      1. MyChart is offered as a convenience to you as a Montage Health patient.
      2. MyChart allows you to access portions of your Montage Health medical record.
      3. You are solely responsible for any MyChart information that you communicate, whether intentionally or not, to others.
    2. As Montage Health employees other than your individual healthcare provider may be involved in handling your communications, you should not use MyChart for confidential information you wish to discuss only with your healthcare provider.
    3. You are responsible for any use of MyChart by your agents or dependents, and you agree to inform such agents or dependents of these Terms and Conditions and their obligations to comply with them.
  2. Emergency Situations
    1. MyChart should never be used for urgent matters or emergency situations. The anticipated turnaround time for response to electronic messages is 2 business days. Therefore, for all urgent matters and emergency situations that you believe may affect your health or well-being, you should immediately call 911, contact your provider directly, or go to the nearest hospital emergency department.
  3. Your Health Information
    1. By agreeing to these Terms and Conditions you provide Montage Health the right to release portions of your personal health information to you via MyChart to include, but not limited to:
      1. laboratory and other test results;
      2. summary of medical problems and history, medications; and
      3. allergies
    2. The health information provided through MyChart is not a substitute for the advice of your provider or other qualified healthcare professional. Always seek the advice of your provider or other qualified healthcare professional with any questions you may have regarding medical symptoms, test results, or your medical condition.
    3. Montage Health assumes no responsibility for how you use the information you obtain from MyChart.
    4. Asking for advice on behalf of another person could potentially be harmful and is a violation of these terms of use. Montage Health does not assume any responsibility for health information or services used by persons other than the MyChart enrollee.
    5. The information displayed in MyChart may not be the complete medical record. Contact Health Information Management at (831) 625-4575 directly for official copies of your medical record or to discuss discrepancies with the medical information listed in your record.
  4. Release of Information Request
    1. By using MyChart, you authorize Montage Health to release your personal health information to you via MyChart. You may revoke this authorization at any time in writing and you have a right to receive a copy of this authorization upon request. Due to California Health & Safety Code Section 123148, medical providers may be prohibited from releasing some results via MyChart, even though a patient may consent to their release. To request a copy, please contact Health Information Management at (831) 625-4575.
  5. Your Privacy
    1. Montage Health considers your privacy to be of vital importance. Please review our Notice of Privacy Practices which explains how medical information about you may be used and disclosed, and how you can get access to your information. You may obtain a copy of the Notice at our website or by contacting the Montage Health Privacy Officer at (831) 625-4582.
    2. Montage Health will maintain your confidential medical information in strict confidence and will not disclose any information regarding you to any unaffiliated third party unless you authorize that person to receive your information or the information is permitted to be disclosed by law.
    3. All messages sent and received within MyChart that contain medical information are subject to all state and federal laws governing the security and confidentiality of medical records.
    4. Upon accessing MyChart, our web server collects and stores the following information: (1) the domain name from which you access the Internet; (2) the date and time you access the site; (3) the pages you visit; (4) the address of the website from which you linked directly to us; (5) the name and release number of the web browser software you are using; and (6) the IP (Internet Protocol) address of the computer you are using. This information may be used by Montage Health for internal evaluation, quality control, and other reasons deemed appropriate by Montage Health.
  6. MyChart Messaging and Communications
    1. Montage Health may send you messages via MyChart. These messages may contain information that is important to your health and medical care. It is your responsibility to monitor these messages. If you send a message to your healthcare provider, it may be accessed by or shared with staff that assists the provider with your medical care. Your confidential medical information on MyChart will be accessible only to appropriate Montage Health staff.
    2. We are only able to respond to electronic communications through MyChart based on the information you provide. If there is not enough information provided, we are unable to guarantee accurate and reliable services.
    3. Montage Health makes its best effort to provide a timely response to electronic inquiries or other communication submitted through MyChart. In some cases, providers and staff may not be immediately available, so you should allow at least two (2) business days for a response. If you require a quicker response, please call your healthcare provider. Questions or requests requiring immediate attention should not be submitted through MyChart.
    4. d. Please note that the contents of any MyChart communication may become part of your permanent health record. This communication does not constitute an addendum or amendment to your existing medical records and may not be considered part of Montage Health’s designated medical record set. To exercise your legal rights in requesting an addendum or amendment of your medical records you should contact Health Information Management at, PO Box HH, Monterey, CA, 93942.
  7. E-mail Account Associated with MyChart
    1. By entering your valid and functional email address you have enabled Montage Health to notify you of messages sent to your MyChart Inbox. Any person with access to your e-mail account will be able to see this notification. Although no medical information will be sent, notification that new medical information is available on your MyChart account will be sent. Please take this into consideration when providing an e-mail address. If your contact information changes, please update it as soon as possible on MyChart.
  8. Security; Risks of Using Secure Sites and Secure Messaging
    1. Montage Health takes precautions to ensure that the information contained or transmitted, including credit card information, via MyChart is as secure as reasonably possible from unauthorized use or access. Please note that while Montage Health takes measures to safeguard your security, we cannot guarantee absolute security of the system against inadvertent disclosure or intentional intrusion and will not be liable for improper disclosure of confidential information.
  9. Accuracy and Integrity of Information
    1. Montage Health attempts to ensure the integrity of the information on MyChart, but makes no guarantees about the accuracy. It is possible that the information may include typographical errors, inaccuracies, or other errors. Should you find any information to be inaccurate, please submit a written and signed request to Health Information Management Department at PO Box HH, Monterey, CA 93942 explaining which information is inaccurate and how it should be corrected. Information contained on the Montage Health site may be changed or updated without notice. Submission of a signed request does not guarantee the information will be updated nor imply a timeframe for updates.
  10. MyChart ID and Password
    1. It is extremely important that you keep the ID and password that that you use to access MyChart completely confidential. Anyone with access to your ID and password will be able to access your confidential medical information. If at any time you believe that the confidentiality of your password has been compromised, you will need to immediately change it by going to the Password link on the MyChart website.
    2. Montage Health takes no responsibility for and disclaims any and all liability or damages of any kind arising from a breach of medical record confidentiality resulting from you sharing or losing your password. If Montage Health discovers that you have inappropriately shared your password with another person, or that you have misused or abused your MyChart access privileges in any way, your participation in MyChart may be discontinued by Montage Health without prior notice.
    3. Montage Health recommends that you change your password on a regular basis.
  11. MyChart Mobile Application Restrictions
    1. The Montage Health MyChart Mobile Application is intended for use only on a mobile device that is running an unmodified manufacturer-approved operating system. Using the Montage Health MyChart Mobile Application on a device with a modified operating system may undermine security features that are intended to protect health information from unauthorized or unintended disclosure. You may compromise the privacy and security of your health information if you use the Montage Health MyChart Mobile Application on a mobile device that has been modified. Use of the Montage Health MyChart Mobile Application on a mobile device with a modified operating system is a material breach of these Terms and Conditions.
  12. User / Device Data Collection
    1. You understand that in some situations you can choose to connect your personal device(s) (such as mobile phones, pedometers, or heart rate monitors) to Montage Health MyChart via a data interface. Any information collected or retained in this way may be used to facilitate your healthcare and may be made part of your permanent health record.
  13. Minor Eligibility
    1. An individual must be age 18 years of age or older to request a personal account. Parents or guardians of minor children may request access to the minor child's account by following the terms outlined in the "Proxy Access" section below. Minor children between the ages of 12 and 17 (inclusive) are not eligible to participate in MyChart services. Under State and Federal law, there are certain types of medical information that the parent or guardian of a minor patient may not view without consent of the minor patient. Because of these requirements, we cannot offer service to parents of minor patients in this age category. When a minor reaches age 11, proxy access is revoked.
  14. Proxy Access
    1. Individuals may request proxy access to a minor's (under the age of 12) MyChart account by completing the Proxy Access portion of the MyChart Consent form and submitting it to Montage Health. Such proxy access will only be granted to parties with parental rights or legal guardianship over the minor patient and only to the extent that the party requesting proxy access can demonstrate the legal right to the minor patient's medical information. A patient may request for an individual to have proxy access to his or her MyChart account. Montage Health will request documentation as it deems necessary to determine whether proxy access should be granted.
    2. A MyChart account will be activated for both the proxy and patient. The decision to grant proxy is made at Montage Health's sole discretion based on the individual circumstances surrounding the request and as allowed by applicable law.
    3. Montage Health reserves the right to revoke proxy access at any time for any reason. Nothing in these Terms and Conditions requires Montage Health to provide proxy access to any individual regardless of whether such access would be allowed under applicable law.
    4. If you have been granted access to another patient's MyChart information and your legal relationship with the patient changes, or you wish to terminate your authorization for proxy access, you must inform Montage Health immediately by calling Health Information Technology at (831) 625-4559 or send a written notice to Montage Health, Health Information Technology MyChart, PO Box HH, Monterey, CA 93942.
  15. Limitations on Use of MyChart
    1. Access to the MyChart system is for the purpose of furthering your medical care. You agree that you will not upload or transmit any communications or content of any type (including secure messaging and E-visit / Video Visit) that may infringe upon, misappropriate, or violate the law or the rights of any party.
    2. Use of the system unrelated to this purpose may result in the suspension or termination of access privileges. Improper activities that may lead to the suspension or termination of your MyChart access include, but are not limited to:
      1. Using MyChart for any purpose in violation of local, state, national or international laws;
      2. Using MyChart as a means to distribute advertising or other unsolicited material to any third party;
      3. Any drug seeking behavior;
      4. Sharing your password with another person or misusing or abusing your MyChart access privileges;
      5. Using language or transmitting material that is unlawful, obscene, defamatory, threatening, harassing, hostile, abusive, slanderous, hateful or embarrassing to any other person or entity;
      6. Interfering with the proper working of this website including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or
      7. Using MyChart's interactive services in any way that is intended or is reasonably likely to harm the patient or others.
    3. Montage Health expressly reserves the right, in its sole discretion, to terminate a user's access to MyChart due to any act that would constitute a violation of these Terms and Conditions.
  16. Security and Confidentiality
    1. Montage Health is committed to protecting the confidentiality of your medical information. Any personal information you submit or that is maintained on MyChart is governed by Montage Health's privacy and security practices. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. We have taken steps to make MyChart secure against unauthorized access and use.
  17. Website Availability
    1. Although Montage Health works to communicate when MyChart will be unavailable due to maintenance, backup procedures, or other system outages, providing such advance notice may not be possible at all times, and Montage Health cannot guarantee that you will be able to access MyChart at any particular time. During times when MyChart is unavailable, other communication methods (such as the telephone) should be used to contact your provider.
  18. Disclaimer
    1. You understand that Montage Health takes no responsibility for and disclaims any and all liability arising from any inaccuracies or defects in software, communication lines, virtual private network, the internet or my internet service provider (ISP), access system, computer hardware or software, or any other service or device that I use to access MyChart.
    2. You understand that MyChart may not be available to me at all times due to system failures, back-up procedures, maintenance, or other causes. Access is provided on an "as-is, as-available" basis and Montage Health does not guarantee that I will be able to access MyChart at any particular time. During times when MyChart is unavailable, other communication methods (e.g., telephone) should be used to contact my Montage Health care provider.
    3. MyChart, its content and all site-related services are provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You assume total responsibility and risk for your use of MyChart, all site-related services, and third party web sites. No oral or written information or advice given by Montage Health or its authorized representatives shall create a warranty of any kind. Any references to specific products or services on MyChart do not constitute or imply a recommendation or endorsement by Montage Health unless specifically stated otherwise.
    4. By using the GET DIRECTIONS feature, your coordinates and destination will be shared with Google®. Directions provided by Google® are for information purposes only. No guarantee is made regarding their completeness or accuracy. Construction projects, traffic, or other events may cause actual conditions to differ from these results.
  19. Ownership of Proprietary Materials
    1. The content on MyChart is provided for Montage Health and its patients only. Nothing on this Site should be construed as granting any license or right to use any trademark, service mark, or logo displayed on MyChart without the express permission of Montage Health or the third party that may own the trademark, service mark, or logo.
  20. Indemnification
    1. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless Montage Health, its employees, directors, officers, agents, and subcontractors from and against all claims, including any liability or expense, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys' fees, arising from or in any way related to your use of MyChart or any information you obtain from MyChart, a violation by you of these terms of use, or your failure to read any MyChart messages or communication in a timely manner. Montage Health will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to these terms of use except to the extent that you are actually prejudiced by such failure.
  21. Termination of Access
    1. Abuse of the MyChart privilege, excessive messaging, or repeated failure to show up for appointments that you have scheduled through MyChart may cause your MyChart access to be revoked without prior notice. Montage Health may terminate your access to MyChart at any time, without notice, and with or without cause.
  22. Additional Terms
    1. These terms of use shall be governed by the laws of the State of California. These terms of use contain the entire agreement between the parties with respect to the subject matter contained herein and it shall not be modified or amended except by signed written instrument. These terms of use may be changed at any time in the discretion of Montage Health and updated terms will be posted on the MyChart website for user access.