Vim Applications Description

Last updated: August 29, 2024

This Vim Applications Description sets forth further Application-specific terms and conditions that may apply to Vim’s provision and Covered Provider’s use of Vim Connect or the Services. Capitalized terms not defined herein shall have the meanings assigned to them in the Provider Terms of Service.

1. 1. Potential Conditions / Diagnosis Gaps (Dx Gaps) Application allows Covered Provider to view data from the Data Source regarding suspected chronic conditions of a patient. Covered Provider may, in their sole discretion, respond to the information presented on the Dx Gaps Application, and such response will be shared back to the Data Source. In supported EHR, the Dx Gaps Application may allow Covered Provider to add the chronic conditions codes into its EHR. If requested by the Data Source, following each use of the Dx Gaps Application, the updated encounter record along with the recorded use of the Application will be extracted from the EHR and promptly delivered to the Data Source.
2. 2. Order Assist (f/k/a Referral Guidance or Referral Navigations) Application allows Covered Providers to access certain lists of Referred Providers which Data Sources recommended for referrals (“Referred Providers”).  In addition, Covered Providers may request Vim to present their own physicians at the top of the search results list in the Order Assist Application. On supported EHRs, Covered Providers may use the Order Assist Application to write Data Source recommended referrals back into the EHR. The Data Source provides Vim with the Covered Providers search results logic. Vim is unaware of, nor has any control or discretion over, the factors and considerations under which these search results are generated and therefore shall not be held responsible by Covered Providers for any damages that arise from referrals made by Covered Providers through Vim the Order Assist Application.
3. 3. Eligibility Application presents Covered Provider with patients’ insurance eligibility information, the name of their insurance company, and other information that may be relevant for the patient and Covered Provider. This data is provided by a Data Source. Vim has no discretion or influence over patients’ insurance information, including eligibility for treatment.
4. 4. Quality Gaps (Qx Gaps) Application presents to Covered Provider Patients’ Quality Gap data provided to Vim by a Data Source. Covered Provider may, under their sole discretion, respond to the information presented in the Qx Gaps Application, and Vim will then share these responses back to the Data Source. In supported EHR, the Qx Gaps Application may allow Covered Provider to use the Tools to add the relevant CPT codes to the EHR. If requested by the Data Source, following each use of the Dx Gaps Application, the updated encounter record along with the recorded use of the Application will be extracted from the EHR and promptly delivered to the Data Source.
5. 5. Patient Health History Application presents patients’ health history data to Covered Provider. Health history data is provided to Vim by Data Sources. “Health History” means a record, or a portion thereof, of the patient’s health, including, without limitation to, past visits with medical providers, past illnesses, chronic illnesses, allergies, prescribed medications, surgeries, injuries, mental health condition, blood tests results, administered vaccines and imaging results.  Subject to Vim’s or the Data Source’s sole discretion, some types of Health History data may not be presented. Health History will not be recorded in the Covered Provider’s EHR unless incorporated by an Authorized User.
6. 6. Pre-Authorization Application presents to Covered Provider information regarding any pre-authorizations required by the patient’s insurance company for certain medical treatments. Information entered into the Pre-Authorization Application is provided by Data Sources. Vim has no discretion or influence over the patient’s insurance information, including any information required by the Pre-Authorization Application for services. Prior authorization is not a guarantee of payment. Only the applicable Data Source can determine payment based on the submission of a claim by Covered Provider to such Data Source. Vim has no responsibility or liability regarding such Data Source’s payment processes or decisions.
7. 7. Case Submission Application allows, for certain patients, to submit a pre-authorization case by allowing Covered Provider to access the Data Source’s submission portal directly from the Covered Provider’s EHR. The Data Source, and not Vim, has full and sole discretion to either approve or reject submitted cases.
8. 8. Clinical Data Exchange (CDE) Application streamlines the retrieval of patients’ finalized encounter data and any attachments thereof (“Clinical Data”) from your EHR and securely transmits the Clinical Data to the designated entity requesting such Clinical Data (“Data Requestor”). Clinical Data may also include ancillary data associated with the patient, encounter identifiers file, the provider, and metadata in the form of a CSV or txt.Upon enabling the CDE Application, the following terms apply to your, and your Authorized Users’ use of the CDE Application:
   1. The Covered Provider or Admin may identify one or more Authorized Users, which shall be responsible for (a) accessing and reviewing Clinical Data retrieval requests sent to Covered Provider; (b) rejecting, if needed, any Clinical Data retrieval requests received through the CDE Application (“Data Exchange Admin(s)”). In addition, Covered Provider or Admin must provide a valid email address for receipt of email notifications regarding new Clinical Data retrieval requests. Covered Provider shall be solely responsible and liable to ensure the review and/or rejection of Clinical Data retrieval requests sent to Covered Provider.
   2. Upon receiving a Clinical Data retrieval request from a Data Requestor, the CDE Application will use a live EHR session of any active Authorized User to access and retrieve the requested Clinical Data from the EHR through such Authorized User’s EHR account (“Retrieved Clinical Data”). Retrieved Clinical Data will only contain Clinical Data that such Authorized User had access to in the Covered Provider’s EHR. If a Clinical Data retrieval request has not been rejected by a Data Exchange Admin, and the retrieval has been successful, Vim will securely transfer the Retrieved Clinical Data to the Data Requestor.
   3. Covered Provider hereby authorizes Vim to retrieve Clinical Data using any Authorized User’s EHR account, according to these CDE Application terms, unless a Clinical Data request has been rejected by a Data Exchange Admin.
   4. Covered Provider hereby authorizes Vim to retrieve Clinical Data using any Authorized User’s EHR account, according to these CDE Application terms, unless a Clinical Data request has been rejected by a Data Exchange Admin.
   5. Note that your EHR is expected to generate audit trails or logs documenting all instances in which the Clinical Data has been accessed, retrieved and/or transmitted under the applicable Authorized User. Covered Provider is responsible for retaining these audit logs in accordance with HIPAA’s record retention requirements.
   6. The CDE Application does not store or maintain the Retrieved Clinical Data. Vim does not assume any responsibility for the retention of any data, including audit trail/logs data. Covered Provider is solely responsible for maintaining all records of Clinical Data in accordance with HIPAA’s record retention requirements.
   7. Covered Provider represents and warrants that the Authorized Users are authorized to access and retrieve the Clinical Data on the Covered Provider’s behalf, and that Authorized Users have access only to Clinical Data of individuals who are current patients of Covered Provider or for whom Covered Provider has a legitimate medical purpose to access the information. This access must align with the applicable laws, regulations, and ethical guidelines governing patient confidentiality and data privacy. Vim shall not be held responsible by Covered Provider for any claims, fines or damages associated with unauthorized access to the requested Clinical Data by the Authorized Users. Vim further disclaims all liability for errors or omissions in the EHR audit trails or log, or any consequences arising from such errors or omissions. Covered Provider shall promptly notify Vim of any unauthorized access or other security incidents involving the CDE Application. Covered Provider shall be responsible for complying with HIPAA Breach Notification Rule requirements, including notifying affected individuals and the Department of Health and Human Services if necessary. Covered Provider agrees to indemnify and hold harmless Vim against any claims, losses or damages arising from a breach of Clinical Data, except where such breach is caused by Vim’s negligence or willful misconduct.
   8. Vim is not in the business of “assembling or evaluating [information] for the purpose of furnishing consumer reports to third parties”, as is required to qualify as a consumer reporting agency (“CRA”).
   9. Clinical Data Requestors may collect Clinical Data as subcontractors on behalf of authorized third parties such as health and life insurance companies, governmental entities, workers’ compensation insurers, and law firms with valid legal or contractual grounds to receive the Clinical Data (“Ultimate Data Recipients”).
   10. To provide the services described herein, You authorize Vim to (1) retrieve, obtain and store the Retrieved Clinical Data through the CDE Application using the EHR sessions of any Authorized Users, and (2) transmit the Retrieved Clinical Data to the Data Requestor. You may withdraw this authorization at any time by disabling the CDE Application; however, such withdrawal will not affect any actions taken in reliance on the above authorization before disabling the CDE Application.
   11. You agree to defend, indemnify, and hold harmless Vim and Vim’s affiliates, licensors, directors, officers, employees, agents and contractors against any and all third-party claims, demands, losses, costs and expenses, including reasonable attorney’s fees and litigation expenses, arising out of or relating to any action taken by Vim which has been authorized by you under Section 8.10 above.
   12. VIM SHALL NOT BE HELD LIABLE FOR ANY ERRORS, BUGS, OR SYSTEM MALFUNCTIONS THAT MAY ARISE DURING THE CLINICAL DATA RETRIEVAL PROCESS, WHICH COULD RESULT IN ALTERATIONS OR CHANGES TO THE RETRIEVED DATA, OR ANY OTHER DAMAGES THAT MAY ARISE IN CONNECTION WITH THE USE OF THE CDE APPLICATION.
   13. THE CDE APPLICATION RETRIEVES CLINICAL DATA FROM THE EHR “AS IS”. COVERED PROVIDER MUST EXERCISE DUE CARE AND JUDGMENT IN ITS USE OF THE CDE APPLICATION AND THE CLINICAL DATA. COVERED PROVIDER REPRESENTS AND WARRANTS THAT IT HAS VALID LEGAL OR STATUTORY GROUNDS TO DISCLOSE CLINICAL DATA TO THE ULTIMATE DATA RECIPIENTS AND THE DATA REQUESTORS. VIM SHALL NOT BE HELD RESPONSIBLE BY THE CLINIC FOR ANY DATA ACCURACY OR DATA QUALITY ISSUES, INCLUDING ANY CLAIMS OR DAMAGES THAT RESULTED FROM THE CLINICAL DATA RETRIEVAL OR USES THEREOF.
   14. VIM ACKNOWLEDGES THAT IT IS ACTING AS A BUSINESS ASSOCIATE OF THE DATA REQUESTOR UNDER HIPAA AND THAT IT HAS ENTERED INTO A BUSINESS ASSOCIATE AGREEMENT WITH EACH SUCH DATA REQUESTOR.
9. 9. Rx Assist Application presents to Covered Providers the Data Source’s recommendations regarding the patient’s drug prescriptions, including without limitation, generic alternatives, doses, and necessary replacements. ALL RECOMMENDATIONS CONCERNING ALL TYPES OF MEDICATIONS, WHETHER PRESCRIBED OR NOT, ARE PROVIDED BY THE DATA SOURCE AND VIM SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR DAMAGES CAUSED BY USING THE RX ASSIST APPLICATION.
10. 10. Vim Canvas™ Application allows Covered Provider to access and/or install applications and platforms provided by third parties (“Third Party Applications”). Third Party Applications may include separate terms and conditions that govern your use of the Third Party Applications. Vim has no control over the content or processes of Third Party Applications and using Third Party Applications is at Covered Provider’s sole risk. Vim shall not be liable for any damages that may arise from Covered Provider’s use of Third Party Applications.
11. 11. Online Scheduling Application allows patients to book appointments with Covered Providers.  Covered Provider can deploy the Online Scheduling Application under one of the following configurations:
    1. An Authorized User may grant Vim, via the Online Scheduling Application, direct access to their EHR calendar and allow potential patients to book appointments with the Authorized User through the Online Scheduling Application. Under this configuration, appointments are booked instantly on the Authorized User’s EHR calendar.
    2. An Authorized User may provide Vim with viewing permissions to their EHR calendar to allow Vim to present patients the open slots on the Providers’ EHR calendar. Once a patient has booked a meeting through Vim, an automatic email is sent to Authorized User to approve or propose alternative time slots for the patient.
    3. If Vim has no access to an Authorized User’s EHR calendar, patients may choose any time slot on the Online Scheduling Application. The chosen time slot is then sent to the Authorized User to approve the appointment or to propose alternative time slots.
    4. Vim can integrate with patients-facing platforms through an Application Programming Interface (“API”) or a Software Development Kit (“SDK”).
    5. When integrating with Vim through an API the following provisions shall apply:
       1. Vim shall receive access to any required testing or production environment.
       2. Vim shall not be responsible or liable for any errors, bugs, or delays caused by the patient-facing platform or Data Source’s API.
       3. Vim has no access to user interfaces (“UI”) when the integration with patients-facing platforms is done through APIs.  As a result, Vim has no capabilities, nor any legal obligation, to present any statutory or requested disclaimers or to collect any statutory consent from patients.
    6. When integrating with Vim through an SDK, the following provisions shall apply:
       1. Owners of patients-facing platforms shall adhere to any written or oral guidelines provided by Vim with regard to Vim’s SDK implementation.
       2. Vim shall not be responsible and liable for any errors, bugs, or delays caused by a faulty implementation of Vim’s SDK.
       3. Vim shall include on top of the UI, its terms of service, privacy policies, and any other required disclaimers. Patient consent documentation may include the patient’s name and the date the patient has requested to book the appointment.
       4. Vim does not guarantee that potential patients using the Online Scheduling Application will attend scheduled appointments. Therefore, owners of patients-facing platforms hereby release Vim from any liability related to appointments scheduled via the Online Scheduling Application, including without limitation, any form of damages caused by canceled appointments.
       5. Covered Provider is solely responsible for receiving, and hereby represents and warrants that it will receive, before sharing any patient information with Vim, all consents, opt-ins, and authorizations under applicable federal and state laws necessary for Covered Provider’s use of Vim Connect and the Services, including without limitation, to the extent applicable, the provisions of HIPAA, the CAN-SPAM Act of 2003, 16 C.F.R. Part 310 – the Telemarketing Sales Rule, and the Telephone Consumer Protection Act codified as 47 U.S.C. 227 together with all associated regulations adopted.