MyHSS

TERMS & CONDITIONS OF USE

Hospital for Special Surgery, its affiliated entities, and members of its medical staff (collectively, "HSS") is pleased to offer you information via a Web-based or mobile version of our electronic health record system called MyHSS.

We think it is important for you to understand how MyHSS works. These Terms & Conditions of Use outline our practices and our sensitivity to your right to privacy. We reserve the right to terminate your access to MyHSS at any time for any reason.

No Medical Advice: The medical and health information provided via MyHSS does not constitute medical or health care advice for any individual problem, and is not a substitute for medical or other professional advice and services from a qualified health care provider familiar with a patient's unique facts. You should always consult your health care providers for any health problem or medical condition, and/or prior to starting any new treatment. HSS assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on MyHSS. Your use of MyHSS is subject to the additional disclaimers and caveats that may appear throughout these Terms & Conditions of Use and the Hospital for Special Surgery website.

Response to Electronic Communication: HSS will use reasonable efforts to provide a timely response to electronic inquiries. In some cases, HSS administrative or clinical staff or physicians who need to respond to your electronic inquiry or other communication may not be immediately available, so you should allow at least three (3) business days for a response. Accordingly, do not submit an electronic inquiry about any condition or situation that may require immediate medical attention; please call 911 or seek treatment at the Emergency Department nearest to you. And do not delay seeking medical attention based solely on information provided on MyHSS; please consult with your health care provider(s).

Furthermore, we are only able to respond to electronic communications you send us based on the information you provide. So if you provide insufficient or inaccurate information, we will not be able to provide accurate and reliable information in response.

Appropriate Use of MyHSS: Access to MyHSS is granted to users for the purpose of furthering the patient's medical care and allowing the patient access to his or her information available through MyHSS. Use of MyHSS unrelated to this purpose may result in the suspension or termination of access privileges. Improper activities include, but are not limited to, the use of inappropriate or abusive language, reserving appointment times that are not needed or are frequently cancelled, and other activities that are deemed to cause a disruption to operations of HSS, in our sole discretion.

Limited Information Available: MyHSS contains selected, limited medical information from the patient's medical record. Certain results may be withheld from MyHSS even though you may request or consent to its release. Any results not available on MyHSS can be obtained from your provider. The following are not released on MyHSS:

  1. Laboratory test results related to most sexually transmitted diseases.
  2. Laboratory test results related to measuring levels of drugs such as alcohol, cocaine, heroin, and marijuana. However, MyHSS will display laboratory test results showing levels of prescription drugs.
  3. Laboratory test results related to pregnancy.
  4. Pathology results.
  5. Tumor markers.
  6. Bacterial cultures including urine cultures, operative cultures, and wound cultures.
  7. Genetic data, other than an arthritis marker called HLA-B27.

Access to My Chart by Minors: An individual must be age 18 or older to request a personal MyHSS account. Parents or legal guardians of minor children may request access to the minor child's account by following the terms outlined in the sections below titled "Proxy Access for Parents or Legal Guardians of Minors" and "Proxy Access for Parents of Minors Age 12-17."

Proxy Access for Parents or Legal Guardians of Minors: Individuals may request access to the MyHSS account of a minor (age 0-17) by completing the Proxy Access Request Form (Minor Patient/Legal Guardian) and submitting it to HSS. Such access will only be granted to persons with parental rights or legal guardianship over the HSS patient and only to the extent that the person requesting proxy access can demonstrate the legal right to account holder's medical information. HSS may grant an individual who has self-identified as the parent or legal guardian of a minor temporary proxy access to the minor's MyHSS account for the purpose of completing pre-visit forms on behalf of the minor. That limited temporary proxy access will be terminated (de-activated) unless at the time of the applicable visit the individual's identity and status as parent or legal guardian is confirmed and the individual completes the Proxy Access Request Form (Minor Patient/Legal Guardian). Proxy access by a parent or legal guardian to the minor patient's MyHSS account is subject to these Terms & Conditions of Use.

Limited Proxy Access for Parents or Legal Guardians of Minors Age 12-17: Under state and federal law, there are certain types of medical information that a parent or legal guardian of a minor patient age 12 or older may not view without consent of the minor patient. Because of these requirements, we cannot offer full MyHSS access to parents/legal guardians of minor patients in this age category; access to MyHSS may be granted only for appointment requests and bill pay functionality. When a minor patient reaches age 12, proxy access to clinical data will be terminated and the parent/ legal guardian will only have access to MyHSS for appointment requests and bill pay functionality.

Proxy Access for Adult Patients: An adult patient may grant proxy access to another adult by completing the Proxy Access Request Form and submitting it in person to an HSS staff member. HSS will work to establish a MyHSS account for the proxy if one does not already exist. Proxy access to the adult patient's MyHSS account will be linked to the proxy's MyHSS account, subject to the proxy's agreement to be bound by these Terms & Conditions of Use. If the proxy's legal or other relationship with the account holder changes, the patient and/or the proxy should inform HSS immediately by calling HSS's Privacy Officer at (212) 774-7500 or sending written notice to HSS at Hospital for Special Surgery, 535 East 70th Street, New York, NY 10021, Attention: Privacy Officer.

Email Privacy: If you select the option to receive notifications via email, text or both, you will be notified via email or text message, or both, when there is new medical information to be viewed on MyHSS. This means that any person with access to a user's email account will be able to see this notification. This could include the user's spouse, employer or anyone else who can access the user's email account. Although no private medical information will be sent, the email notification that new medical information is available by accessing MyHSS may be information that a user would not want others to know. Thus, you should take this into account when providing an email address.

Security and Confidentiality: We afford the same degree of confidentiality to medical information stored on MyHSS as is given to medical information stored by HSS in any other medium. For more information, see HSS's Notice of Privacy Practices. HSS is committed to protecting the confidentiality of your medical information. We limit HSS employees' access and ability to enter or view information based upon their role in your care. Firewalls, passwords, encryption, and audit trails are further used to safeguard your information. We shall identify the records released and note the time and date of access each time you access MyHSS. We have also taken steps to make all information received from our MyHSS users as secure as possible.

MyHSS must be accessed by you via a secure and compatible web browser. You may be required to update your existing browser or switch to a compliant web browser in order to access your MyHSS account. Our MyHSS website uses authentication and offers the highest level of encryption commercially available. Also, to the extent you or your proxy authorizes an approved web application to access your MyHSS information, those applications will access MyHSS via an application programming interface, which establishes a secure connection between the application and MyHSS.

On the Internet, you can tell when you are secure by looking at the location (URL) field. If the URL begins with https:// (instead of http://), the document comes from a secure server. This means your data cannot be read or deciphered by unauthorized individuals. You can tell whether you are truly connected to MyHSS by viewing the digital certificate. This certificate verifies the connection between the MyHSS server's public key and the server's identification.

User names and passwords provide two layers of authentication and are stored in an encrypted database that is isolated from the Internet. As a MyHSS user, your role in maintaining the security of your (the patient's) medical information is: (i) using a strong password, (ii) changing your password on a regular basis, and (iii) keeping your login ID and password confidential and not sharing it with any other person. If you share your MyHSS ID and password with another person, that person may be able to view your or your child's health information, and health information about anyone who has authorized you to access their health information as a proxy. A person who is authorized to access your MyHSS information as a proxy will also have the ability to authorize an approved web application to access your MyHSS information.

Other individuals will have the ability to pay your bills through the "Pay As Guest" feature on the MyHSS page. They are able to do this by entering the guarantor number from the billing statement, and do not need to have a MyHSS account to use this feature.

3rd Party Applications: If you as a patient find a 3rd party application that you would like to use to access and import your health information, HSS provides the ability for you to use this application. To do this, you must establish a MyHSS patient portal account since the security - user name and password - you set for MyHSS would be your authentication for any 3rd party application to access and import your health information. HSS reserves the right to disable any 3rd party application if needed.

Web Site Links: MyHSS may offer links to related medical Web sites not managed by HSS. These Web site link(s) are for a patient's informational purposes only. HSS does not endorse and has not verified the accuracy of the information in/on these Web sites, and the patient should not rely on any of the information found on the Web sites for purposes of treatment or diagnosis.

Ownership Rights: All pages within MyHSS and any material made available for download are the property of HSS. The content on the Site is provided for HSS patients and third parties accessing MyHSS on the patient's behalf only. The words "Hospital for Special Surgery" and "HSS" and HSS's associated corporate logos are the trademarks and service marks of Hospital for Special Surgery. All other trademarks, service marks, and logos used in MyHSS, including but not limited to MyChart® and Epic®, are the trademarks, service marks, or logos of their respective owners. MyChart® and Epic® are registered trademarks of Epic Systems Corporation and used by HSS with permission. Nothing on MyHSS should be construed as granting any license or right to use any trademark, service mark, or logo displayed on MyHSS without the express permission of HSS or the third party that may own the trademark, service mark, or logo.

Disclaimer of Warranties; Limitation of Liability: HOSPITAL FOR SPECIAL SURGERY, ITS AFFILIATED ENTITES AND MEMBERS OF ITS MEDICAL STAFF, AND THEIR RESPECTIVE STAFF AND SUPPLIERS, DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON MyHSS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR USE OF MyHSS IS AT YOUR OWN RISK. ACCESS TO MyHSS MAY BE INTERRUPTED AND INFORMATION, SERVICES, AND MATERIALS MAY NOT BE ERROR-FREE.

NEITHER HOSPITAL FOR SPECIAL SURGERY, ITS AFFILIATED ENTITIES, MEMBERS OF ITS MEDICAL STAFF, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING MyHSS OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON MyHSS ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED ON MyHSS, NOR SHALL THEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, MyHSS. ALL INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

IN NO EVENT SHALL HOSPITAL FOR SPECIAL SURGERY, ITS AFFILIATED ENTITIES, AND MEMBERS OF ITS MEDICAL STAFF LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM THE USE OF, OR INABILITY TO USE, THE INFORMATION, SERVICES, OR MATERIALS ON MyHSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BY USING MyHSS, YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS & CONDITIONS OF USE AND MyHSS WOULD NOT BE PROVIDED TO YOU WITHOUT THOSE LIMITATIONS. SOME STATE LAWS REGARDING LIMITATION OF LIABILITY MIGHT APPLY.

Applicable Law: These Terms & Conditions of Use and the resolution of any dispute related to these Terms & Conditions of Use or your use of MyHSS shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding between HSS, our faculty or any of our affiliated physicians, on one hand, and you (or your executors, administrators, personal representatives or heirs) on the other, that are related to these Terms & Conditions of Use or your use of MyHSS shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York and/or the Southern District of New York.

No Waiver: The failure of HSS to insist upon strict enforcement of any provision of these Terms & Conditions of Use shall not be construed as a waiver of any provision or right.

Right to Change Terms & Conditions of Use: HSS may, at any time and from time to time, change these Terms & Conditions of Use. Any changes to these Terms & Conditions of Use will be effective immediately upon posting of the changed Terms & Conditions of Use. You agree to review these Terms & Conditions of Use periodically, and your use of MyHSS following any such change constitutes your agreement to follow and be bound by the revised Terms & Conditions of Use.

GDPR Policy: To view the MyHSS GDPR Privacy Disclosures Policy, please visit MyHSS GDPR Privacy Disclosures.