KAISER PERMANENTE Online Affiliate Software User Guide

KAISER PERMANENTE Online Affiliate Software

Kaiser Permanente (KP) Online Affiliate Provider Enrollment Instructions

Dear Provider,
Thank you for expressing interest in KP Online Affiliate. This web-based program allows external providers read-only access to KP HealthConnect, Kaiser Permanente’s electronic medical record system.
There are three steps to Activate OLA.

Sign and return the attached KP Online Affiliate Provider Entity Agreement

A signed Provider Entity Agreement pertaining to the use of the websites and content is required to participate. Only one (1) Provider Entity Agreement per participating provider entity (group or facility) is necessary. Please arrange for a senior executive to sign the last page of this document and have it returned online using the Online Affiliate Support Webform.

Designate an Administrator (Point of Contact) for KP Online Affiliate

The Administrator may periodically receive communications from Kaiser Permanente and will also be responsible for notifying Kaiser Permanente via our Online Affiliate Web Support Webform if any registered staff members leave your entity.

• Provider Group/Entity Name:

Group Administrator Contact Information

• Group Administrator First and Last Name:
• Phone:
• Email Address:
• Address:
  • (Street Address)
  • (City, State, Zip)

Individual User Enrollment

As soon as your Provider Entity Agreement and Group Administrator information are received and processed, Kaiser Permanente will send email instructions regarding how users will enroll using an automated online enrollment process. Each staff member will be responsible for their own enrollment. The process generally takes three to four weeks to complete.
Kaiser Permanente will determine the type of access granted based upon our approval guidelines.

KAISER PERMANENTONLINE AFFILIATE WEB SITES LICENSE – PROVIDER ENTITY AGREEMENT

License

Subject to the terms and conditions of this KP Contractor Affiliate Web Sites License-Provider Entity Agreement (“License Agreement”), Kaiser Foundation Hospitals (“KFH”) grants to the contracted national provider identified below (“Licensee”) the right to use and access the web sites made available by KFH to Licensee (the “Website(s)”), as well as the information and data accessible via the Websites, and through any related software, (the “KP Data”) (collectively, the “Licensed Materials”), all in the form provided by KFH, solely for the purpose of rendering health care services to patients who are entitled to receive healthcare services from Kaiser Permanente from Licensee by virtue of their participation as an enrollee, beneficiary, or member of a Kaiser Permanente health plan (“Members”). KFH is part of the Kaiser Permanente Medical Care Program, which includes (inter alia) Kaiser Foundation Health Plan, Inc. and its subsidiaries, The Southeast Permanente Medical Group, and the other Permanente Medical Groups operating in other regions, and which conducts business under the registered trademark Kaiser Permanente (herein “Kaiser Permanente” or “KP”).
The rights granted pursuant to this license are subject to the following restrictions: (1) Only employees or contractors of Licensee who (a) are identified by a duly authorized administrator of Licensee as requiring access to the Licensed Materials to perform his or her work, and (b) are bound to Licensee in writing to maintain the Licensed Materials in confidence (hereinafter, “Authorized Representatives”) are permitted to exercise the rights granted herein; (2) Neither Licensee nor any Authorized Representative may modify, reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of any software associated with the Licensed Materials; (3) Neither Licensee nor any Authorized Representative may, under any circumstances, sublicense the Licensed Materials, or use them for commercial time-sharing, rental, or service bureau purposes; and (4) neither Licensee nor any Authorized Representative shall request or permit access to the Licensed Materials to any end user other than an Authorized Representative. In its sole discretion, KFH may limit the number of Licensee Authorized Representatives.
Except as set forth in this Section, Licensee acquires no rights, express or implied, in the Licensed Materials, including any KP Data. The compilation of all content on and the functionality of the Licensed Materials are the exclusive property of Kaiser Permanente or its licensors, and is protected by United States and/ or international copyright laws. Any rights not expressly granted by this License are reserved to Kaiser Permanente and its licensors.

Use of the Licensed Materials

The Licensed Materials, including the KP Data, shall be used by Licensee and each Authorized Representative solely, and to the minimum extent necessary, to provide services to Members as directed by KP, and obtaining payment for such services, as and to the extent authorized under Licensee’s contract with KP. Use of the Web Sites, KP Data, or other Licensed Materials for any other purpose is strictly prohibited. Use of the Licensed Materials for any purpose not directly related to your provision of services to Members may result in immediate termination of Licensee’s or an individual Authorized Representative’s access to the Web Sites and may be considered a violation of federal and/or state law. The Licensed Materials shall at all times be deemed Proprietary or Confidential Information of Kaiser Permanente under Licensee’s contract with KP.

• Licensee and each Authorized Representative agrees to inform KFH promptly if Licensee discovers any data or information on the Web Sites that Licensee believes is inaccurate or unauthorized.
• As reasonably requested by KFH, Licensee will cooperate with Kaiser Permanente in establishing, maintaining and terminating Authorized Representatives’ access to the Web Sites, including (without limitation) providing documentation or other information in writing or orally, and access to Licensee’s records, as may be reasonably required by Kaiser Permanente to confirm compliance with this License Agreement. Licensee shall comply with all terms and conditions applicable to the Web Sites, as they may be amended from time to time, and any procedures or restrictions reasonably required by Kaiser Permanente, including but not limited to restrictions on access of unauthorized personnel to information accessed through the Web Sites, the sharing of passwords, reassignment of passwords, and Licensee’s immediate notification to Kaiser Permanente when an Authorized Representative no longer needs access to the Web Sites.
• It is the responsibility of Licensee to (1) control the disclosure and use of Web Sites activation codes and passwords by its Authorized Representatives; and (2) monitor and control access to and use of online accounts and passwords by Authorized Representatives for the Web Sites. Licensee is and shall remain fully responsible for the acts and omissions of its Authorized Representatives in connection with this License Agreement. If Licensee is authorized by Kaiser Permanente to appoint an administrator to manage Licensee’s Authorized Representatives accounts, Licensee is and shall remain fully responsible for the acts and omissions of its administrator in connection with the Web Sites and this License Agreement.

Responsibility for Privacy and Confidentiality

• All Member medical information shall be treated in a confidential manner, and in compliance with applicable state and federal law. Licensee and each Authorized Representative understands and agrees that this License Agreement and certain data which may be exchanged hereunder is subject to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-91, and the Health Information Technology and Economic and Clinical Health Act, Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, as each is codified in the United States Code, and regulations promulgated thereunder as and when any of them may be amended from time to time (collectively “HIPAA”).
• Irrespective of whether Licensee is employed by a “covered entity” as defined by HIPAA, Licensee and its Authorized Representative agree to comply with all provisions of HIPAA with respect to individually identifiable health information, including but not limited to the HIPAA standards for privacy, code set, data transmission and security related to the physical storage, maintenance, transmission of and disclosures of protected health information as that term is defined under HIPAA and the Privacy Rule issued by the U.S. Department of Health and Human Services (codified at 45 C.F.R. Subparts 160 and 164) (“PHI”). Licensee and each Authorized Representative represents that it will use and disclose PHI only as permitted by HIPAA and the Privacy Rule (including the minimum necessary rules), subject to any additional limitations on the use and disclosure of that information as imposed by this License Agreement.
• If Licensee or an Authorized Representative sends PHI through electronic means, such electronic data transmission shall comply with the HIPAA regulations entitled, “Security Standards for the Protection of Electronic Protected Health Information” codified at 45 CFR parts 160 and 164, Subpart C. Licensee acknowledges that it may be required to maintain and distribute its Notice of Privacy Practices to, and obtain acknowledgments from Members receiving services from Licensee consistent with its practices for other patients. Licensee shall maintain a Notice of Privacy Practices as required by applicable law. Upon request, Licensee shall provide to Kaiser Permanente reasonable documentation of its compliance with applicable law (e.g., HIPAA) in its use of the Web Sites and KP Data.
• Except to the extent provided otherwise in any provider services contract between Licensee and any Kaiser Permanente entity, Licensee shall not permit (including but not limited to subcontracting or delegating any obligation which requires) access, use or disclosure of Member PHI obtained through the Licensed Materials to or by any person or entity that is not located in the United States, or is not subject to the jurisdiction of a court in the United States.
• Upon discovering any actual or potential breach or compromise of Licensee’s security program or measures or other unauthorized access or disclosure that may have occurred with respect to any Licensed Materials, including any KP Data, Licensee shall promptly notify the officials designated by KFH for receipt of such notification, or in the absence of such a designation to the Kaiser National Compliance Hotline at 1‐888‐774‐9100. In any such event or as otherwise may reasonably be requested by KFH, unless an investigation is conducted by Licensee in compliance with the following provisions, Licensee shall promptly conduct a full investigation of any actual or potential breach, issue, incident or other discrepancy that may arise from its use of the Licensed Materials or KP Data. Unless the following reports are submitted by  Licensee to KFH, during each such investigation: (a) Licensee shall submit a report of its initial findings to KFH within two (2) business days after Licensee’s discovery of the actual or potential breach or compromise and provide periodic status reports to KFH as significant new information is obtained thereafter: and (b) Licensee shall complete its investigation and submit a written report to KFH within five (5) business days, and Licensee shall implement and certify in writing the completion of all corrective actions and remediation activities within thirty days. Licensee shall promptly respond to reasonable requests from KFH and cooperate with KFH in connection with any such investigation, incident management, including external and media relations, and any corrective actions and remediation activities.
• Licensee shall indemnify, hold harmless, and if requested, defend KFH, The Permanente Medical Group, Inc., the other entities participating in the Kaiser Permanente medical care program, and their subsidiaries, affiliates and respective officers, directors, employees and agents harmless from and against all liabilities, claims, actions, losses, damages, judgments, orders (judicial or administrative), settlements and other costs and expenses, including reasonable attorneys’ fees and costs, or fines or penalties arising from or relating to Licensee’s non-compliance with this License Agreement, terms and conditions applicable to the Web Sites, or any law or regulation in its use of or access to the Licensed Materials, including (without limitation) the unauthorized access to or use or disclosure of PHI by any employee or contractor of Licensee or other individual obtaining access to the Licensed Materials by or through Licensee’s internet or telecommunication accounts, passwords, computers or facilities.
• Confidential and proprietary information of Kaiser Permanente includes, but is not limited to, the Licensed Materials and all non-public information related to Kaiser Permanente’s products, services, contracts, membership, operations, business strategies, peer review and other quality assurance information (the “Proprietary Information”). Licensee shall hold the Proprietary Information in the strictest confidence and shall not (a) disclose it, directly or indirectly, to any other person or entity, without the prior written consent of Kaiser Permanente, or (b) use it for any purpose not expressly permitted by this License Agreement. This prohibition shall also apply to any of Licensee’s employees, agents and contractors authorized to access the Web Sites under this License Agreement, whether or not authorized.
• Licensee shall use its best efforts, but not less than commercially reasonable efforts, to protect and maintain the security of the Proprietary Information. Any Proprietary Information  not belonging to a party including, but not limited to, all copies thereof, regardless of whether authorized or not, shall be returned to the other party or such Proprietary Information shall be destroyed upon the expiration or termination of this License Agreement except to the extent that Licensee may be bound to keep such Proprietary Information subject to contractual and/or other legal obligations.
• Proprietary Information shall not include (a) information that is in or becomes part of the public domain without violation of this License Agreement by Licensee; (b) information that was known to or in the possession of Licensee on a non-confidential basis prior to the disclosure thereof, as evidenced by written records; (c) information that was developed independently by Licensee without access to the Proprietary Information, as established by written evidence; (d) information that is disclosed to Licensee by an independent third-party who has no obligation of confidentiality to Kaiser Permanente and without violation of this License Agreement by Licensee; or, (e) information that is authorized by KFH in writing for disclosure or release by Licensee. The burden of proving that information may be disclosed because it does not fall within the definition of Proprietary Information shall be on Licensee.
• Except as specifically permitted by this License Agreement, KFH reserves for itself the right to use and control the use of the names, symbols, trademarks and service marks now existing or later established by any Kaiser Permanente entities (the “KP Marks”). Licensee shall not use or refer to the KP Marks in advertising, promotional materials or in any manner, except with the prior express written consent of KFH. Any such authorized use shall be in accordance with any restrictions imposed by KFH on such use.
• In the event of a breach or a threatened breach of this License Agreement by Licensee, either directly or indirectly through another party, the parties agree that such breach or threatened breach shall cause irreparable harm to Kaiser Permanente, and Kaiser Permanente shall have the right of specific performance and injunctive relief (without having to post bond), in addition to any and all other remedies and rights at law or in equity, and such rights and remedies shall be cumulative. If it is determined by a court of competent jurisdiction that any provision of this License Agreement is unenforceable for any reason, then the remainder of this License Agreement shall remain in effect and the provision in issue shall be deemed modified in such manner as determined by the court to be enforceable if consistent with the parties’ intent and each party agrees to accept such determination subject to its right to appeal the decision.
• The parties agree that any breach of this License Agreement shall not be subject to any alternative dispute resolution provisions which may be set forth in any other agreement between Kaiser Permanente and Licensee.

Disclaimer of Warranties

KFH, THE OTHER KAISER PERMANENTE ENTITIES, AND THEIR LICENSORS MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE WEB SITES’ SOFTWARE OR ANY LICENSED MATERIALS, INCLUDING ANY KP DATA. NEITHER KFH, THE OTHER KAISER PERMANENTE ENTITIES, NOR THEIR LICENSORS REPRESENT OR WARRANT THAT: (1) THE USE OF THE WEB SITES AND SOFTWARE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (2) THE LICENSED MATERIALS WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS; (3) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, ACTIVITIES OR INFORMATION WILL MEET LICENSEE’S REQUIREMENTS OR EXPECTATIONS; (5) ERRORS OR DEFECTS WILL BE CORRECTED; OR (6) THE WEB SITES, SOFTWARE OR THE SERVER(S) THAT MAKE THE WEB SITES AND SOFTWARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE LICENSED MATERIALS ARE PROVIDED TO LICENSEE STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY KFH, THE OTHER KAISER PERMANENTE ENTITIES AND THEIR LICENSORS.

Disclaimer of Consequential Damages

IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY), SHALL KFH, ANY OTHER KAISER PERMANENTE ENTITY, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES HEREUNDER EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Amendment and Termination of this License Agreement

If any modification to this License Agreement is required for conformity with federal or state law, or if KFH reasonably concludes that an amendment to this License Agreement is appropriate to accommodate changes in the content, features or functionality provided by the Web Sites or other Licensed Materials, KFH shall notify Licensee of such proposed modification(s) (“Required Modifications”) in writing. Such Required Modifications shall be deemed accepted by Licensee and this License Agreement shall be deemed amended unless within thirty (30) calendar days following its receipt of such notice Licensee delivers its written rejection of the Required Modifications to the KFH recipient at the address specified for receipt of notices on the last page of this Agreement. If Licensee submits a written rejection of the Required Modification, KFH may in its sole discretion terminate this License Agreement or Licensee’s access to all or part of the Licensed Materials as provided below. Other modifications to this License Agreement may be made pursuant to a mutual written agreement of the parties.
KFH may terminate this License Agreement and Licensee’s access to all or part of the Licensed Materials at any time with or without cause and with or without notice to Licensee, effective immediately or on such date as may be designated by KFH in its sole discretion (e.g., upon termination of a provider services contract between Licensee and any Kaiser Permanente entity). Termination of this License Agreement shall not terminate any other agreement between Licensee and any Kaiser Permanente entity. Licensee’s obligations of confidentiality, indemnity and the rights of KFH and Kaiser Permanente with respect to the Licensed Materials will be deemed to survive termination of this License Agreement.
The undersigned, an authorized signatory who has the legal authority to bind the provider entity identified below, has read and agrees to all of the terms and conditions set forth in this KP Web Sites License-Provider Entity Agreement and the terms and conditions of use posted on the Kaiser Permanente Online Affiliate Web Sites (collectively, the “Agreement”). By typing the authorized signatory’s name in the “Authorized Signatory” field below, Licensee is signing the Agreement electronically. Licensee acknowledges and agrees such electronic signature is the legal equivalent of Licensee’s and authorized signatory’s manual signature on the Agreement and thus intend to be bound by its terms and conditions. If Licensee wishes to opt out of electronically signing the Agreement, an authorized signatory may manually sign this Agreement and return it to KFH in
accordance with the directions above.

LICENSEE

• Signature AND Title (CEO, CFO, VP, Owner, Sole Proprietor, Director, other Senior Executive)
• Printed Name and Date
• Provider’s Legal Entity Name(s) and DBA(s) (if applicable)
• Provider’s Tax ID(s)

KAISER PERMANENTE NOTICE ADDRESS:
Kaiser Permanente Recipient and Address for Notices under the License Agreement (except notice of security breach): Contact Online Affiliate Support
Notice information in the event of a security breach: 1-888-774-9100.

Kaiser Permanente Recipient and Address for Notices under the License Agreement (except notice of security breach): Contact Online Affiliate Support
Notice information in the event of a security breach: 1-888-774-9100.
KAISER PERMANENTONLINE AFFILIATE WEB SITES LICENSE – GA PROVIDER ENTITY AGREEMENT

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