Terms and Conditions for UtahHealthScape.org
Effective Date: February 1, 2011
These terms and conditions constitute a legally binding agreement between HealthInsight and you regarding use of UtahHealthScape.org (the "Website"). By using this Website, you acknowledge acceptance of the prevailing terms and conditions as set forth in this agreement on behalf of yourself and your entity, if applicable. HealthInsight may change the terms and conditions of this agreement at any time without notice and at our sole discretion. You will always be able to view the most current version of this agreement by clicking on the ‘Terms and Conditions’ link at the bottom of any page on the Website, and the effective date will be listed at the top of the Terms and Conditions page.
HealthInsight strives to increase the value of health care to Utahns individually and systematically through transparency of health information, including variation in cost and performance, to promote health care quality improvement. The information contained within this Website is intended to inform consumer health care decision-making; promote improved performance from health care providers and delivery systems; and stimulate value-based programs formulated by purchasers and health plans. The Website does not accept paid or unpaid advertising of any kind.
Not all health care providers deliver the same quality of care. A particular hospital or provider might do a very good job of caring for patients with some health problems, and not such a good job caring for patients with other health problems. Further, whenever anyone stays in the hospital, there is a chance they could get a new health problem (like from a fall or an infection) and hospitals vary in how well they protect patients from these risks. The information on this Website can be used to:
Help you learn more about the quality performance of providers and health plans in Utah;
Provide useful information for your loved ones if they need health care;
Encourage hospitals and other health care providers to improve their quality; and
Help everyone learn more about health care quality.
The quality of any health care provider or the services delivered by any health care provider cannot be evaluated by just the information displayed on this Website; the information in this Website is limited in scope and is not intended to serve as a comprehensive assessment of any health care entity.
You can use the information in this Website when you are looking for a new health care provider or when you and your doctor are making decisions about your health care needs. You should not use this information as your sole or primary source of information for choosing any health care provider or treatment. In addition to cost and quality, there are many factors to consider when choosing a provider, such as the relationship you have with your provider, the convenience of the location, and other characteristics that are important to you.
Data Sources and Limitations
Data on health plans, hospitals, clinics, doctors, and other health care providers contained in this Website may be obtained from multiple sources, including (but not limited to):
The All-Payer Claims Database for Utah
The US Department of Health and Human Services, Centers for Medicare & Medicaid Services
Other publicly-available sources (e.g., Utah Department of Health, Office of Health Care Statistics, etc.)
The medical facilities, groups, or individuals themselves
HealthInsight does not guarantee that the data are complete, up-to-date, accurate, or reliable. While we make every effort to ensure the integrity of the data displayed on this Website, the performance data have not been verified by HealthInsight and may contain technical or other inaccuracies or typographical errors, and may be changed or updated without notice.
While HealthInsight encourages the use of the data contained within this Website to help guide health care-related decision-making, the results contained within the Website reflect a partial view of overall quality and value. The Website displays results for a subset of quality measures for a subset of facilities and a subset of patients. There are many quality measures that are not currently included in our Website as well as many aspects of care that we cannot measure at this time. To promote accuracy and protect anonymity, only facilities that meet a certain threshold of patients per measure are reported.
It is important to recognize the nature and limitations of the information presented on this Website. The performance of hospitals and other health care organizations varies across measures, so performance should be assessed within this context. Generalizations cannot be made from the performance on one or even a few measures. Many different factors may impact the delivery of care and can lead to different rates of performance for a given measure. For example, the provider may not offer the service, it may not be covered by the patient’s health plan, or although recommended, it may not obtained by the patient. Or, the service may have been provided, but not appropriately reflected in administrative processes, such as billing records. Further, patients of different providers may be substantially different from one another in important ways: they may be older or have a more complicated condition, or their ability to afford certain treatments may be limited. In addition, the staff employed at a health care facility (i.e., doctors, professionals, and other staff) can change over time, and those changes could impact the performance of that facility. Although our intent is to use the most currently available data, information on this Website is largely based on claims for medical care provided in the past, and may not reflect today’s practice.
User agreement for UtahHealthScape.org organization and provider portal
By accessing, using, and/or browsing the healthcare organization and provider portal associated with this Website, you acknowledge and affirm that:
you are using your actual identity and provided true, accurate, and current information about yourself and your affiliation with and authorization to provide information on behalf of a healthcare organization, medical facility, or clinic, and any claims you make about ranking or awards are substantiated with a source;
you have read and understand all of the terms and conditions of use of this Website;
you agree to be bound by all of the terms and conditions;
you acknowledge that this agreement is the legal equivalent of a signed, written contract between you and HealthInsight; and
You agree not to:
post, email, or otherwise make available to the Website content that is unlawful, harmful, threatening, abusive, obscene, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or will adversely affect the reputation of HealthInsight or otherwise place HealthInsight in disrepute;
use the Website to harass, degrade, or intimidate an individual or group of individuals;
impersonate any person or entity, including, but not limited to, a HealthInsight employee or a user other than you;
negatively affect other users' ability to use the Website; or
share your login information or password with any other person.
When you provide information to or place materials ("Postings") on our Website, you give HealthInsight an irrevocable, perpetual license to use the Postings in connection with the Website at our sole discretion and you waive all rights therein if applicable and assign all rights without compensation or further obligation to HealthInsight. We will consider requests to remove Postings that you make publicly available on our Website on an individual basis.
To the fullest extent permitted by applicable laws, HealthInsight excludes all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on the Website. HealthInsight reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be illegal, offensive, inappropriate, or otherwise in breach of the terms and conditions of use or in violation of general community standards and notions of decency.
You agree that you are entirely responsible for any and all activities that occur under your account whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account. You absolve and release HealthInsight from any claim of harm arising from a third party undertaking such activities. If you wish to cancel a password or become aware of any unauthorized use of a password or account, please notify HealthInsight immediately.
HealthInsight may terminate your ability to access an account or post information to the Website at any time in the event that you breach any of the provisions of this agreement.
Use of UtahHealthScape.org Ratings, Reports, and/or Data
All information on the Website, including (without limitation) information, logos, designs, and text ("Information"), is solely owned by HealthInsight and/or its contracted vendors and is protected by United States copyright, trademark, patent, or trade secret laws.
Results may not be re-interpreted or otherwise construed in a manner that is not consistent with the data collection and reporting conventions associated with the Website. Here are some examples of appropriate and inappropriate uses:
Hospital X provides better than benchmark care for patients with heart failure.
Hospital X is the best for heart failure care. Hospital X is top-rated in heart failure care.
Health Plan X scored above benchmark on 5 out of 5 measures of health plan management of chronic conditions.
Health Plan X provides the best overall management of chronic conditions.
Describing differences between Hospital X’s rate on a specific measure and a benchmark (like the state or national average).
Using the rates to describe differences between Hospital X and Hospital Y.
Other inappropriate uses include changing the graphical presentation of data or implying that the report or HealthInsight has named any particular health care facility the "best" in the state. In some cases, facilities are compared to a benchmark, such as a state or national average. Being above the benchmark does not necessarily mean a facility has achieved optimal performance; in nearly all cases, there is room for improvement in performance.
HealthInsight does not endorse, recommend, or approve any third-party Website hyperlinked from UtahHealthScape.org; nor does HealthInsight assume any responsibility for the content or functionality of any other organizations' Website, or any sites that you browse after following a link from our Website.
You may establish a link to this Website from your Website, as long as the links are made using the appropriate base URL of http://www.UtahHealthScape.org or other such URL as the Website may use. Owners of other Websites must not represent content from the UtahHealthScape.org Website as that of the other site owner, otherwise misrepresent the content of the UtahHealthScape.org pages, or misinform users about the origin or ownership of the content of the UtahHealthScape.org Website. Please contact HealthInsight if you wish to utilize or incorporate the Website logo, graphics, screenshots, or data in your Website.
This Website is not intended to provide medical advice, diagnoses, or recommendations for treatment. You should contact a doctor or other health care professional with any questions you may have regarding a particular medical condition or concern.
HealthInsight is not an accreditor of health care facilities or providers, and any reference on the Website does not necessarily constitute an endorsement of the care delivered by the facility or provider, but is a limited assessment based on available data.
In no event shall HealthInsight be liable for any claims, losses, liabilities, damages, costs and expenses arising out of or relating to the information displayed at this Website or any use thereof, whether in contract or in tort, including, without limitation, any general, direct or indirect, special, consequential or incidental damages, regardless of having been apprised of the possibility thereof. HealthInsight may not be held liable for any negative inferences drawn by Website users with respect to any health care provider based upon information associated with such provider on this Website.
You expressly acknowledge and agree that the Website, services, and content are provided strictly on an "as is" and on an "as available" basis without express or implied statutory or other warranties of any kind. HealthInsight makes no representations or warranties with regard to the accuracy of any content on this Website or the content of Websites to which this Website may be linked or which may link to this Website.
To the maximum extent under the law, neither HealthInsight, its contracted vendors, nor their respective subsidiaries, affiliates, officers, directors, shall under any circumstances incur any liability or be liable for any damages or losses whatsoever, including, without limitation: direct, incidental, special, indirect, consequential damages, or lost profits arising out of any breach of obligations or any other claim, including, but not limited to, negligence or contract, inaccuracies, incompleteness, damages relating to loss of use, loss of data, loss caused by a virus, worm, trojan horse program or disabling code (regardless of their source), loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if such parties have been advised of the possibility of such damages or losses. Users assume all risk in using the site and the software.
The Website is operated from offices within the United States of America in the state of Utah. Regardless of the location from which you access this Website, you agree to comply with all applicable U.S. and other laws in connection with your use of the Website, its content, and services. Any legal action or proceeding relating to your access to, or use of, the Website shall be instituted only in a state or federal court located in the state of Utah, and you and HealthInsight agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Acceptance of terms and conditions
By accessing, browsing, or using materials on our Website or registering with the Website, you acknowledge that:
You have read and understand all of the terms and conditions of use of this Website;
You agree to be bound by these terms and conditions;
This user agreement is the legal equivalent of a signed, written contract between you and HealthInsight.