MSK MyChart Terms and Conditions

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MSK MyChart Terms and Conditions

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Last Updated: October 4, 2024

DO NOT USE MSK MYCHART IN AN EMERGENCY. For all medical emergencies or in case of life threatening health condition, go to the nearest emergency room or dial 911.

These terms and conditions (“Terms”) are an agreement between you (“you” or “your”) and Memorial Sloan Kettering Cancer Center (“MSK,” “we,” “our,” or “us”), and apply to and cover all uses for all of MSK MyChart (although additional conditions, restrictions, and policies, including the MSK My Chart Privacy posted or referenced on MSK MyChart, may also apply) and to any of our other websites, mobile applications and interfaces that link to these Terms, including MSK MyChart Bedside (collectively, “MSK MyChart”).

MSK MyChart is offered as a service to MSK Patients (defined below) or any Proxy account users (defined below) designated by an MSK Patient, as well as to users of certain other applications that link to or use MSK MyChart as an identity verification solution.  MSK MyChart is also offered as a service to Patients of Memorial Medical Care, P.C. (“MMC”) and any Proxy account users they designate.  All users of MSK MyChart described above are collectively referred to in these Terms as “users.” Use of MSK MyChart by any and all users shall be subject to these Terms.

Please read and review these Terms carefully before using MSK MyChart. By selecting “Accept” you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use MSK MyChart.

Acceptable Use

For All MSK MyChart Users

MSK MyChart provides users with access to information and resources from MSK and allows for communications with healthcare providers and other MSK staff. MSK grants you a limited license to make personal use only of MSK MyChart in accordance with these Terms, including downloading and printing information from MSK MyChart.

You will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.

MSK MyChart is available only to persons who can form legally binding contracts under applicable law. MSK MyChart is not available to individuals under 18 years of age. If you are not at least 18 years of age, you do not qualify and you may not use MSK MyChart.

Your use of MSK MyChart does not create a patient relationship between you and MSK. MSK MyChart is not a substitute for a medical consultation or medical advice, nor is MSK MyChart intended to provide medical care or act as a replacement for visits with a healthcare provider. You should not rely solely on MSK MyChart for managing your health. If you need medical care, contact your healthcare provider.

Registered MSK patients (“Patient”) may choose to give other people or representatives (such as caregivers, legal guardians, etc., each a “Proxy”) access to their MSK MyChart account (“Proxy account”). Parents or legal guardians of Patients who are under 18 years of age may register for a Proxy account. Registering for a Proxy account does not mean a person has any legal status or rights other than their access to MSK MyChart. A Patient may revoke an individual’s Proxy account access any time in the Friends and Family Access section of MSK MyChart.

For Patient and Proxy Account Users

The parts of the Patient medical record that you can see through MSK MyChart may only be a portion of the complete Patient medical record.  It may not be technically feasible to make certain parts of the Patient medical record available in MSK MyChart.  Patients may request a complete copy of their medical record by contacting MSK’s Health Information Management department at 1(646) 227-2089 or by going to the Sharing Hub section of MSK MyChart, selecting “Request Formal Copy of Health Record” and submitting a new request for a formal copy of their health record.

MSK MyChart allows you to send messages to MSK regarding the Patient’s medical condition, but you understand and agree that you will not use MSK MyChart to send messages about matters that require immediate medical attention.

Messages or other information you send or receive through MSK MyChart may be accessible to MSK staff, besides the Patient’s direct healthcare provider, including current members of the provider’s team and future staff.   Messages may also be made part of the Patient medical record (at MSK’s discretion), which means those messages may be accessible to additional MSK providers and staff, including future healthcare providers and staff.

For Proxy Account Users

By using MSK MyChart as a Proxy user, you acknowledge and agree to the following:

  • You may access MSK MyChart for the Patient only as a Proxy and only for the benefit of the Patient.
  • Upon reaching 18 years of age, formerly minor Patients will be granted access to their own Patient account and your related Proxy account will be suspended or terminated after which point you will have no further access to the Proxy account unless and until the Patient chooses to grant you such access.
    • The Patient may re-open a Proxy account if they so choose and must invite or re-invite any Proxy account users in order to provide access.
  • The parts of the Patient’s MSK MyChart account that you can see as a Proxy account user may be limited depending on the level of access the Patient has granted to you.
  • Certain information may be withheld from MSK MyChart at the patient’s request.  An MSK clinician may also, as permitted by law, withhold certain information from MSK MyChart if the clinician determines that sharing the information in MSK MyChart would create a risk of harm to the Patient or another person.  A clinician may also, as permitted by law, withhold information related to any “minor consented services” from MSK MyChart for minor patients.  Any such legally withheld information will not be visible in a Proxy account.
  • If for any reason you cease to be a Proxy, you will immediately stop accessing MSK MyChart and will cancel your Proxy account and will endeavor to contact Patient and/or MSK upon canceling your Proxy account. The Patient may still access their own account and may name a replacement Proxy.

Restrictions on Use

You understand that you are solely responsible for any content that you intentionally or unintentionally communicate to others using MSK MyChart. You agree that you will not:

  • Use MSK MyChart for any purpose in violation of applicable local, state, national or international laws, rules and regulations, for any unlawful purposes, to promote illegal activities, or encourage or promote any activity that violates these Terms.
  • Use MSK MyChart to distribute advertising or other unsolicited material to any third party or other users of MSK MyChart.
  • Use MSK MyChart to post, transmit or link to any content or material that is unlawful, obscene, offensive, defamatory, threatening, abusive, slanderous or hateful to any person, individual or third party.
  • Send harassing, discriminatory, disparaging, defamatory or inappropriate messages through MSK MyChart.
  • Make any reproduction, derivative, duplication, sale, resale or other commercial use of MSK MyChart or any part of MSK MyChart.
  • Deep-link to any feature or content on MSK MyChart.
  • Attempt to disable, hack, or damage any data or information associated with MSK MyChart or otherwise try to interfere in any way with the proper functioning of MSK MyChart or MSK’s networks or network security, including:
    • Attempting to use MSK MyChart to gain unauthorized access to any other computer system or other user’s account;
    • Attempting to probe, scan  or test the vulnerability of MSK MyChart or MSK’s systems or network;
    • Breaching security or authentication measures without proper authorization;
    • Bypassing any measures, robot exclusion headers or any other means we take to prevent or restrict access to MSK MyChart or use any software, technology or device to scrape, spider or crawl MSK MyChart or harvest or manipulate data, or access any other user’s information (unless explicitly granted permission);
    • Accessing or using MSK MyChart or any portion thereof without authorization in violation of  these Terms or in violation of applicable law.
  • Transmit any harmful, malicious, or unauthorized software such as viruses, time bombs, Trojan horses, worms, crawlers, spiders, robots, surveillance codes, other computer programming routines, or other automated means of any kind to or by way of MSK MyChart.
  • Make any automated use of MSK MyChart, or take any action that MSK deems, in our sole discretion, to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
  • Use any device, software, routine, or any other means to interfere or attempt to interfere with the proper functioning of MSK MyChart or any activity being conducted on MSK MyChart.
  • Collect or use other user information, including, without limitation, health information or attempt any data extraction or data mining whatsoever.
  • Introduce any form of artificial intelligence or machine learning to MSK MyChart or its data.

If we determine that you have violated any of the above restrictions or any other term or condition of these Terms, we reserve the right, in our sole discretion, to suspend, terminate or otherwise discontinue your access to and/or use of MSK MyChart. Further, violations of MSK’s systems or network security may result in civil or criminal liability. MSK will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any individuals who may be involved in such violations.

Privacy Policy

You can learn how we handle your information when you use MSK MyChart by reading our MSK MyChart Privacy Policy.

Accounts, Passwords & Security

MSK MyChart requires that you set up an account, including a username and password. You acknowledge and agree that you are entirely responsible for remembering and maintaining the confidentiality of your account, including your username and password, and for any and all usage and activity that occurs under your account. Further, You agree to the following:

  • You will provide true, accurate, current, and complete information when registering to use MSK MyChart and establishing an account (“Account Information”). You will maintain and promptly update your Account Information to keep it true, accurate, current, and complete, including your email address.
    • If you provide any information that is untrue, inaccurate, not current, or incomplete, or MSK suspects that such information is untrue, inaccurate, not current, or incomplete, MSK may suspend or terminate your account.
  • MSK MyChart or MSK may email you to the email address you provide, including notices alerting you of new activity or messages in MSK MyChart.
    • Emails sent to you by MSK MyChart will not be encrypted.
  • You will read service notifications and messages in your MSK MyChart Inbox in an appropriate time and manner.
  • Messages you send via MSK MyChart may be sent to the appropriate department for handling.
    • MSK staff, besides your direct healthcare provider, may access these messages.
  • MSK staff may access your file as needed to address your requests or support the operation of MSK MyChart.
  • You will not share your password with anyone or allow others to access your account or use your password. Doing so will compromise the security of your account.
    • If you feel that your security has been compromised, you can change your password at any time by going to Security Settings within your Account Settings section of MSK MyChart page and following the instructions. You may also reset your password from the Login Page by selecting “Forgot Password.”
  • You will promptly notify MSK of any unauthorized use of your account or password, or any other breach of security of which you become aware.
  • MSK may use computer software to monitor, audit, and log access and usage of MSK MyChart by all users, including Proxy users.

User Information

In these Terms, your “User Information” means any material that you submit to us through your use of MSK MyChart for whatever purpose.

By submitting or uploading User Information to MSK MyChart, you grant MSK the right to access, view, display, reproduce, adapt, publish, translate, store, host, cache, maintain, modify, distribute and otherwise use your User Information in any manner that complies with the MSK MyChart Privacy Policy and applicable law, including the regulations issued under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) where applicable. You also grant MSK the right to sub-license these rights through multiple tiers. Although we have no obligation to screen, edit, or monitor your User Information, we may, in our sole discretion, delete or remove your User Information for any reason.

Any User Information you provide to MSK through MSK MyChart may be used by MSK to improve its features, including by use of artificial intelligence and/or machine learning (“AI/ML”). AI/ML technologies can be subject to specific laws and regulations regarding data privacy, intellectual property rights, and consumer protection. To the extent practicable, MSK may give you the option to decline to share your data for product improvement purposes.

MSK’s Ownership Rights

MSK MyChart, and all text, photographs, graphics, buttons icons, images, screen layouts, designs, artwork, names, logos, trademarks, service marks and data (“Content”) are owned by MSK and/or its licensors, and may be protected by U.S. and international copyright, trademark and other intellectual property law and conventions. MSK MyChart may include both Content owned or controlled by MSK and Third Party Content (defined below) owned and controlled by third parties and licensed to MSK. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable right and license to access and use MSK MyChart and Content solely for your personal, non-commercial use, except as set forth in this section; provided, however, that such license does not include any right to use MSK MyChart or Content in violation of Restrictions on Use. You shall not sell, license, copy, reproduce, modify, republish, transmit, edit, adapt, create derivative works from, distribute or otherwise make unauthorized use of any of MSK MyChart or Content, or intellectual property rights in MSK MyChart or Content, in whole or in part by any means without our express written consent.

All trademarks, trade names and logos appearing on or through MSK MyChart are owned by us or licensed by us. The “Memorial Sloan Kettering Cancer Center” name and logo and all other MSK names, marks, logos and other identifiers are trademarks and service marks of MSK. Names, marks, logos and other identifiers of third parties, including third party health care providers, are trademarks and service marks of their respective owners. You may not use or display any MSK trademarks, trade names, or logos without our prior written permission. We reserve all rights.

If you choose to provide us with any comments, suggestions, ideas, information, files, video images, materials or other feedback (“Feedback”) to or regarding MSK MyChart, you agree that we have an unrestricted right to use it, and you are not entitled to receive any compensation.

Third Party Content & Services

MSK MyChart may contain links to websites, products, services, or other content owned or operated by third parties (the “Third Party Content”). The inclusion of Third Party Content does not imply any approval, sponsorship or endorsement of such Third Party Content or any association with the parties that own or operate the Third Party Content. You acknowledge that use of Third Party Content is strictly at your own risk including, but not limited to, any risks associated with destructive viruses, and that MSK makes no warranties, express, statutory or implied, with respect to such Third Party Content. These Terms do not govern your use of any Third Party Content and you are responsible for viewing and abiding by the terms and conditions of use and the privacy statements of the Third Party Content. We do not control Third Party Content and we are not responsible or liable for the content or performance of those sites, including but not limited to, any inaccuracies, errors or omission in any content, any intellectual property infringement with relation to the Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content linked in or otherwise made available via MSK MyChart.

MSK MyChart is a product of Epic Systems. Epic Systems may reserve the right to introduce artificial intelligence or machine learning (“AI/ML”) features to MSK MyChart. While MSK is not responsible for changes made to MSK MyChart by Epic Systems, MSK will make practical efforts to provide you with notice when interacting with portions of MSK MyChart that utilize AI/ML. The information provided by the AI/ML tools utilized on MSK MyChart is for informational purposes only and use of the AI/ML tools is not, and is not intended to be, a substitute for professional medical advice, diagnosis, or treatment. Furthermore, use of any AI/ML tools does not create a provider-patient relationship between MSK or an MSK practitioner and you. AI/ML does not always provide you with accurate information. MSK cannot and does not guarantee the accuracy, completeness, or timeliness of the information provided to you through use of AI/ML via MSK MyChart.

Changes to the Terms & MSK MyChart

We may change these Terms at any time. Any changes that we make will become a part of our agreement with you and are effective and binding immediately when they are posted to MSK MyChart. We may also notify you by sending an email notification to the address associated with your account or providing notice through MSK MyChart. You agree to review the agreement periodically to be aware of such modifications, and your accessing or using MSK MyChart constitutes your acceptance of these Terms as they appear at the time of your access or use. By your continued use of MSK MyChart after publication of any revised Terms, you accept and agree to the terms and conditions of such revised Terms.

You acknowledge and agree that MSK MyChart is offered as a convenience to users. We reserve the right to make additions, deletions, or changes to MSK MyChart. We may add or remove features and we may suspend or stop MSK MyChart altogether at our sole discretion. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

Release

To the fullest extent permitted by applicable law, you release MSK and our employees, officers, directors, shareholders, and affiliates (collectively, the “MSK Parties”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to your use of MSK MyChart or disputes between any other MSK MyChart users, including the acts or omissions of third parties. If you are a California resident, you hereby waive any rights you may have under California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” You also waive any rights you may have under any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Disclaimers

To the maximum extent permitted by law, MSK MyChart, and all related content are provided on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance that MSK MyChart will be available for use or that all information, content, materials, products, features, functions or operations will be available, up-to-date, accurate, or perform as described. MSK does not warrant that any part of MSK MyChart and or content will operate uninterrupted or error-free or that defects will be corrected. You expressly agree that your use of MSK MyChart is at your sole risk, including but not limited to the risk of any unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption or corruption of data or other information transmitted in connection with your use of MSK MyChart.

MSK does not warrant that the information, content, materials, products or other services included on or otherwise made available to you through MSK MyChart or electronic communications sent from MSK MyChart are free of viruses, malicious code or other harmful components. MSK will not be liable for any damages of any kind arising from the use of MSK MyChart, or from any information content, materials, apps, products or other services included on or otherwise made available to you through MSK MyChart.

Without limiting the foregoing, we are not responsible or liable for the accuracy, usefulness, timeliness or availability of any information transmitted or made available via MSK MyChart and are not responsible or liable for any error or omissions in that information. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all content, features, and functions of MSK MyChart. No advice or information, whether oral or written, obtained by you from MSK or through MSK MyChart or Content will create any warranty not expressly made herein.

The content, products, and services offered on MSK MyChart are to allow users to see parts of their electronic medical record. Nothing in MSK MyChart or related content, products or services shall be considered, or used as a substitute for, medical advice, diagnosis, or treatment. MSK MyChart and its services do not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. None of the products or services offered through MSK MyChart represents or warrants that any particular service or treatment is safe, appropriate, or effective for you. We advise users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.

Limitation of Liability

You agree that you assume full responsibility for your use of MSK MyChart. To the maximum extent permitted by law, under no circumstances will MSK and the MSK Parties be liable for any consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims arising out of or related to MSK MyChart (including, but not limited to, unauthorized access, damage, or theft of your data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise. In the event of any problem with MSK MyChart, you agree that your sole and exclusive remedy is to cease using MSK MyChart.

Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless MSK and its affiliates from and against all third party complaints, claims, losses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by MSK arising out of, or relating in any way to: (a) your access or use of MSK MyChart in breach of these Terms or applicable law; (b) information, content or material you post or allow to be posted to MSK MyChart; or (c) access to MSK MyChart by anyone using your Account Information, or any other actions taken by you on MSK MyChart.

Choice of Law and Venue

These Terms, and any and all disputes, claims and controversies (“Disputes”) arising out of or relating to your access to, or use of MSK MyChart shall be governed and construed exclusively in accordance with the laws of the State of New York, exclusive of its choice of law or conflict of laws provisions. In any Dispute by you arising under these Terms or related to MSK MyChart, you irrevocably agree to submit, on an individual basis, to the exclusive personal jurisdiction of the state or federal courts located in or serving New York, New York. You hereby waive any jurisdictional, venue or inconvenient forum objections to such court. Any claims related to your use of MSK MyChart or these Terms must be started within one (1) year of when the cause of action arose, or all rights under such claim shall be lost.

Termination

These Terms are effective unless and until terminated by either you or MSK. You may terminate these Terms at any time, provided that you discontinue any further access or use of MSK MyChart. We also may terminate these Terms, in our sole discretion, at any time and may do so immediately and without notice, and accordingly deny you access to MSK MyChart.

Miscellaneous

These Terms constitute the entire agreement between you and MSK regarding your access to, and use of MSK MyChart. If a portion of these Terms is determined to be unlawful, void or unenforceable, it will not affect the enforceability of the remaining provisions, and the remaining provisions will continue in full force and effect.

How to Contact Us

If you have any questions or comments about these Terms, or to close your MSK MyChart account, you may go to the Message Center section within MSK MyChart and select “ask a customer service question.”  You may also contact the MSK Help Desk by calling 1(800) 248-0593 or 1(646) 227-2593.