Participant Terms Of Participation
GESHER COMMUNITY CARE
PARTICIPANT TERMS OF PARTICIPATION
GESHER COMMUNITY CARE’S SERVICES ARE NOT INTENDED FOR SUPPORT OF EMERGENCY MEDICAL NEEDS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, OR THINKING ABOUT SUICIDE OR HARMING YOURSELF OR OTHERS, CALL 911 IMMEDIATELY OR ANOTHER APPLICABLE EMERGENCY NUMBER.
1. Introduction. Gesher Campus Care, Inc., d/b/a Gesher Community Care (“GCC”) operates a program through which qualified healthcare providers (“Providers”) are identified and referred to Jewish individuals (“Participants”) seeking patient care services, as well as other related initiatives. The undersigned Participant agreeing to these terms desires to participate in GCC’s patient matching program and/or other programming or similar initiatives offered by GCC or its affiliates or partners from time to time. These terms (these “Terms”) establish the terms and conditions applicable to Participant’s receipt of care from Providers in connection with GCC’s patient matching program, as well as other GCC initiatives and any materials made available to Participant by GCC or its affiliates or partners.
2. Provider Matching and Limitations of other GCC Programs.
a. No Medical Advice. Participant acknowledges and agrees that GCC is not a licensed medical provider and does not offer medical, therapeutic, or professional advice. Participant’s use of or access to GCC’s patient matching services or any other content made available by GCC does not create any medical treatment relationship between Participant or GCC. GCC does not represent or warrant that any particular Provider, medication, or treatment or product or service referred to any GCC materials or otherwise through GCC’s services is safe, appropriate, or effective. Without limitation, GCC does not recommend or endorse any specific Providers, tests, medications, product, procedures, or modalities of therapy.
b. Independent Providers. All healthcare services are provided solely by Providers, who are independent professionals and not employees or agents of GCC. GCC is not a party to any provider-patient relationship, including any provider-patient relationship facilitated by Participant establishing a Provider treatment relationship via GCC’s patient matching services. GCC does not supervise or control any Providers.
c. No Guarantee of Matching or Continued Services. Participant acknowledges and agrees that GCC does not guarantee that Participant will be matched with a Provider, that any Provider will accept Participant as a patient, or that services will be available within any particular timeframe. Participation in GCC’s patient matching services does not create any entitlement to healthcare services or continued access to GCC programs. GCC does not guarantee provider availability, acceptance, or treatment outcomes.
d. Limitations on Accuracy. While GCC requests that Providers disclose all of their relevant credentials, GCC does not guarantee the verification or good standing of degrees, qualifications, licensure, certification, credentials, competence, or background of any Provider. GCC is not responsible or liable for the accuracy, usefulness, or availability of any information presented to Participants that has been made available to GCC by the Providers, including payor participation status or other reimbursement-related information.
e. Participant Information. Participant represents and warrants that all information provided to GCC or to any Provider in connection with GCC’s patient matching services is true, accurate, complete, and current. Participant agrees to promptly contact GCC to update any such information if it changes. Participant acknowledges and agrees that GCC and Providers rely on information supplied by Participant in facilitating referrals and services, and GCC shall have no responsibility or liability for any errors, omissions, or inaccuracies in information provided by Participant.
3. Financial Responsibility; Release of Liability.
a. Payment and Insurance Responsibility. Participant acknowledges and agrees that unless otherwise expressly agreed between Participant and GCC, GCC does not set fees, determine insurance coverage, submit insurance claims, or process payments for any healthcare services, including any services made available by the Providers. All payment arrangements, billing practices, and insurance matters are solely between Participant and the applicable Provider. Participant is solely responsible for confirming insurance coverage, copayments, deductibles, and any charges for services not covered by insurance. b. Privacy. GCC will retain the privacy of any information Participant provides GCC in compliance with all applicable laws, but Participant acknowledges and agrees (i) GCC is not and shall not be construed as a “Covered Entity” or "Business Associate" (each term as defined under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economics and Clinical Health Act, or the implementing regulations of these laws found at 45 C.F.R. Parts 160, 162 and 164 (collectively, "HIPAA")), and (ii) none of the information Participant disclose to GCC qualifies as "Protected Health Information" (as defined under HIPAA or any state law that defines such term). c. Release. Participant, on behalf of Participant and his or her heirs, executors, administrators and assigns, hereby fully and forever release, acquit and discharge GCC and GCC’s personnel, affiliates, officers, directors, and agents, of and from any and all claims, actions, causes of action, contracts, liabilities, losses, demands and damages of any nature whatsoever, whether know or unknown, whether asserted or unasserted, in law or equity, arising out of or in any way related, directly or indirectly to these Terms and the receipt of any services or participation in any programming made available to Participant by GCC or Participant’s course of treatment or other services made available to Participant by any Provider.
4. Miscellaneous
a. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of law principles.
b. Entire Agreement; Amendment. These Terms set forth the entire agreement between GCC and Participant with respect to the subject matter hereof and supersedes all prior representations, agreements, and understandings, written or oral. These Terms may be amended at any time with or without notice to Participant by GCC.
c. Termination of Services. GCC may suspend or terminate Participant’s access to the patient matching services or other GCC programs at any time, with or without notice, in GCC’s sole discretion. Termination of participation shall not affect any independent provider-patient relationship established between Participant and any Provider, and GCC shall have no responsibility for ongoing care following termination.
d. Confidentiality of GCC Materials. Participant acknowledges that any materials, information, or content made available by GCC in connection with its services may be proprietary or confidential. Participant agrees not to copy, distribute, disclose, or use such materials for any purpose other than Participant’s personal use in connection with GCC’s services, unless expressly authorized by GCC in writing.