Telehealth Consent

Last Updated: September 25, 2023
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Please read the Telehealth Consent carefully before using the Telehealth Services. By using the Telehealth Services, you agree to be bound by these Terms. 

This Telehealth Consent (“Telehealth Consent”) governs your use of the Telehealth Services (“Telehealth Services”) provided by YH Physician Group professional corporations and our affiliated medical services providers (“YH Physician Group”, “we”, “us”, or “our”).

YH Physician Group is affiliated with Yana Healthcare LLC (“YANA”), where YANA provides management and administrative services to YH Physician Group. YANA also provides membership and other non-Telehealth Services to consumers, and the Terms of Service govern your use of the services provided by YANA. YANA does not provide any medical services, practice medicine or any other licensed profession, and does not interfere with the practice of medicine or any other licensed profession by providers, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Please read the Terms of Service carefully before using YANA’s services.

Please refer to our Notice of HIPAA Privacy Practices to learn how YH Physician Group collects, uses, shares and protects your Protected Health Information (as defined under the Health Insurance Portability and Accountability Act of 1996 or "HIPAA").

Not For Emergencies
Please do NOT use the Telehealth Services for emergency or urgent medical matters. For all urgent or emergency matters that you believe may immediately affect your health, you must immediately call 911 or go to the nearest emergency room or urgent care facility. I understand that 24 hour help is available through the Crisis Text Line at 741-741 or the Suicide Prevention Lifeline at 800-273-TALK.

1. Telehealth Services and Permission
You consent to receive emails or other electronic communications from YH Physician Group pertaining to your care and your health, which may include Protected Health Information. You understand that telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. You understand that virtual encounters via phone, email, video, or otherwise, could involve, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to healthcare matters. You also acknowledge that such virtual encounters may involve care by a variety of Providers, including Physicians, Registered Nurses, Nurse Practitioners, Physician Assistants, Nutritionists, Naturopathic Doctors, Therapists, and other support or medical personnel.

You understand that this means that the provider is unable to conduct certain tests or assess vital signs in-person may in some cases prevent the provider(s) from providing a diagnosis or treatment or from identifying the need for emergency medical care or treatment for me. You understand that while the use of telehealth may provide potential benefits to me, as with any medical care service no such benefits or specific results can be guaranteed. My condition may not be cured or improved, and in some cases, may get worse.

You give permission to YH Physician Group and the Telehealth Services Providers to record and process your personal details and medical data. You may withdraw these permissions at any time by no longer seeking Telehealth Services.

"Telehealth" is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. The Telehealth Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., "real time") and asynchronous (i.e., non-"real time") interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. Further, you understand that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Telehealth Services may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services. If your health or medical problem or condition persists after use of Telehealth Services, you will immediately contact your Telehealth Services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.

2. Permission to Treat
You give permission to the Providers to medically care for you and your Covered Family Member. You may withdraw this consent at any time by no longer seeking Telehealth Services.

You understand and agree that as part of providing Telehealth Services to you, your Protected Health Information (as defined by HIPAA), including test results, may be released to an online personal health record and via communication with YH Physician Group’s healthcare team electronically (in accordance with our Notice of HIPAA Privacy Practices).

Provider-Patient Relationship
You give informed consent to the use of telehealth by providers affiliated with YH Physician Group. You understand that the provider has the right to refuse to take responsibility for your care if the provider makes a professional judgment that you are not a good candidate for this service. You understand that making a request for treatment (by completing an intake form) does not in and of itself create a duty of care or create a provider-patient relationship.

You understand that the provider will take responsibility for your care only after the provider has reviewed your request for treatment, reviewed all your information, and then subsequently determined that you are a good candidate for the Telehealth Services.

You understand that there may be a delay until the next business day, and at times longer, before a provider reviews your request for treatment and any messages you send.

You understand that you need to be responsive to ongoing requests for information, including but not limited to completion of ongoing assessments about your symptoms and side effects during your treatment, in order to remain under the care of this provider. If you are not responsive to these requests for information, you understand that you cannot be considered to be under the care of the prescribing provider.

Greater Reliance On Information You Provide
You understand that by using the Telehealth Services you seek to enter into a relationship where the provider relies exclusively upon information that you provide to decide whether or not prescription medications are safe.

You understand that the provider has no way of verifying the information you provide and that the provider will consider the information you provide to be accurate, true, and complete.

You understand that using Telehealth Services means that the information transmitted to the provider may not be sufficient to allow for appropriate medical decision making by the provider.

Understanding The Risks Associated With Your Medicine
‍You understand that through the Telehealth Services, you can request a prescription for different types of medication, each of which has different risks of adverse events and different side effects.

You understand that all the information you provide when requesting a prescription medication is important in the provider’s determination as to whether you’re a good candidate for a particular medication and for the service in general. You agree to provide true and complete information and understand that if you provide information that isn’t true and complete, then I’ll be at greater risk of adverse events from taking prescription medication.

You understand that it is critical that you have read and understand all information provided about any medication prescribed to you. You understand that information about the risks of medication is found within the patient portal and the information provided when you are prescribed a specific medication. You understand that adverse events can be caused by a number of things, including other health conditions you may have, an allergic reaction, side effects, or interactions between prescribed medication and other medications, nutritional supplements, or other things you are taking. You also understand that you should discuss the medication with your pharmacist before you begin taking it.

Follow-up Communication and Care
You understand that you must check your email for messages and the patient portal for updates because this is the way that we will communicate important information to you.

You understand that if you don’t check regularly, then your care may be delayed.You understand that if you have any questions relating to your care that aren’t urgent, you can message us at support@yanahealthcare.com. You understand that we may not review your messages until the next business day or possibly later.

Risk to Electronic Health Information
You understand that the electronic nature of Telehealth Services means that there’s a greater risk to the privacy of your health information compared to visiting a traditional doctor’s office. You understand that although we implement a wide range of administrative, physical, and technical safeguards to protect your health information, we cannot guarantee the privacy and confidentiality of your health information. For more details about how we protect your health information, see our Notice of HIPAA Privacy Practices. 

3. Updates to the Telehealth Consent
We may modify the terms in this Telehealth Consent from time to time. We will notify you of material changes by posting the amended terms on the YANA website and the YANA mobile application at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Telehealth Consent by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Telehealth Services before the effective date of the change. If you continue using the Telehealth Services after the effective date, you will be bound by the updated Telehealth Consent.

4. Your Financial Responsibility; Assignment of Benefits
‍You agree to pay YANA all applicable charges, if any, at the prices then in effect for the Telehealth Services provided to you. In the event that you are being charged for any Telehealth Services, you will be prompted to provide your payment method before receiving any such services. You authorize YANA to charge your chosen payment method (your "Payment Method") for the Telehealth Services provided to you. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. The third party services provider who manages your Payment Method may impose terms and conditions on you, which are independent of this Telehealth Consent, and you agree to comply with all of those terms. YANA may accumulate charges that you’ve incurred for the Telehealth Services and submit them as one or more aggregate charges during or at the end of each billing cycle. YANA reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.

5. Appointments: Missed/Late Cancellation
You understand and agree that if you do not show for your appointment or you cancel your appointment with less than 24 hours’ notice, we may charge you a fee for a missed/late canceled appointment.

6. Service Termination
We may terminate your use of the Telehealth Services at any time in our reasonable discretion, for causes including but not limited illegal conduct such as falsifying information to obtain prescription medication, abusive and threatening behavior, and continued refusal to pay for our services. Additionally, your access to any employer sponsored Telehealth Services shall end upon termination of the relationship between us and your employer or the end of your employee relationship with your employer, whichever comes sooner. We may terminate your use of the Telehealth Services by sending notice to you at the mail or email address you provided to us or by otherwise contacting you. If we terminate your use of the Telehealth Services, we will use reasonable effort to notify your insurer, if any.
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7. Mental Health Services Disclaimer
Mental health services may involve discussing sensitive aspects of your life via TeleHealth (defined below) ; you may experience uncomfortable feelings like sadness, guilt, anger, frustration, loneliness, or helplessness. If at any point you experience significant increased distress or have thoughts of harming yourself or others, you agree to notify your mental health provider so that an appropriate level of support can be provided. Your mental health provider may utilize a set of psychological symptom questionnaires in order to assist with determining a diagnosis and track your progress in counseling, and may discuss the nature of these assessments and your results when applicable.

8. Consent to Electronic Communications
You agree that we may send the following to you by email or by posting them on our website and mobile application: legal disclosures; this Telehealth Consent, Notice of HIPAA Privacy Practices; future changes to any of the above; and other notices, policies, communications or disclosures and information related to the Telehealth Services. You agree that we may contact you via secure messaging, email, phone, text, or mail regarding the Telehealth Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.

If you later decide that you do not want to receive certain future communications electronically, please send an email to support@yanahealthcare.com or a letter to YANA Healthcare, 345 N Maple Drive Suite 278, Beverly Hills, CA 90210. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from us. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.

We will need to send you certain communications electronically regarding the Telehealth Services. You will not be able to opt out of those communications – e.g., communications regarding updates to this Telehealth Consent or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Telehealth Consent provided to and accepted by you.

9. Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, 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 TELEHEALTH SERVICES.

The Telehealth Services are intended for use only within the United States and its territories. We make no representation that the Telehealth Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Telehealth Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.

10. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, 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 TELEHEALTH SERVICES OR FROM THE USE OF OR INABILITY TO USE THE TELEHEALTH SERVICES, 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.

11. General Provisions
This Telehealth Consent makes up the entire agreement relating to your use of the Telehealth Services, and supersedes all prior agreements relating to the subject matter hereof.We may change, suspend, or discontinue any of the Telehealth Services at any time. We will try to give you prior notice of any material changes to the Telehealth Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Telehealth Services.We may change, suspend, or discontinue any of our partnerships, including professional corporations, at any time. We will provide you with notices of such changes as applicable.This Telehealth Consent does not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Telehealth Consent to anyone else without our consent. YH Physician Group 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 Telehealth Consent 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 Telehealth Consent, please contact support@yanahealthcare.com