WELL USE POLICIES

These policies address the standard rules for use of WELL’s services and the WELL Messaging & Patient Engagement Platform. By using WELL’s services you agree to the following rules:

1. Addressable Population

The WELL Platform may only be used to communicate with patients who have provided prior express consent with the healthcare provider (the “Customer”). Provision of a phone number, including on an intake form, is sufficient, so long as the communications are within the scope of the consent given, and absent instructions to the contrary. 30 FCC Rcd. 7961, 8029 (2015). Customer may not communicate with patients under the age of 13 unless Customer has obtained verifiable consent from such patient’s parents and otherwise complied with the requirements of the Children’s Online Privacy Protection Act.

2. Permitted Communications

The scope of communications initiated on WELL “must be closely related to the purpose for which the telephone number was originally provided.” By way of example only, “if a patient provided his phone number upon admission to a hospital for scheduled surgery, then [communications] pertaining to that surgery or follow-up procedures for that surgery would be closely related to the purpose for which the telephone number was originally provided.” 30 FCC Rcd. at 8029 fn. 474. Further, when relying on “prior express consent,” Customer warrants that all communications will be “health care” related, and within the following scope: Appointments and exams; Confirmations and reminders; Wellness checkups; Hospital pre-registration instructions; Pre-operative instructions; Lab results; Post-discharge follow-up intended to prevent readmission; Prescription notifications; and Home healthcare instructions. Customer may expand the scope of communications beyond this list only when prior express written consent has been provided from the patient to the Customer.

3. Prohibited Communications

WELL may not be used to send messages that include (1) telemarketing, which is defined under the Telephone Consumer Protection Act (“TCPA”) as “the initiation of a [text message] for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services” (47 U.S.C. § 227(a)(4)); or (2) advertising, which is defined under the TCPA as “any material advertising the commercial availability or quality of any property, goods, or services” (47 U.S.C. § 227(a)(5)). WELL also may not be used to access or connect with emergency services personnel or public safety answering points such as text-to-911 or E911. Further, Customer is required to obtain prior express written consent for transmission of messages related to: Billing; Readmission; and Promotions or any other form of marketing.

4. Protected Health Information

Customer agrees to send all messages in the default “secure” setting (whereby the contents are encrypted and sent to the patient in a secure link, and can only be read after authentication by the recipient). “Unsecure messages” may only be used in cases where messages do not contain personal identifiable information (PII).

Canada

1. Addressable Population

The WELL Platform may only be used to communicate with patients who have provided your organization with prior valid consent. A valid consent must refer to the specific method of communication (e.g., email messages, SMS text, or pre-recorded telephone messages) and to a specific email address or telephone number to which communications may be sent.

2. Permitted Communications

  • The following communications may be initiated on WELL:
    appointment scheduling, rescheduling, and cancellations;
  • directions to health care provider locations in connection with a scheduled appointment;
  • pre- and post-directives, discharge instructions;
  • communications regarding requisitioned lab work;
  • insurance and eligibility related messages in connection with a scheduled appointment;
  • and preventative care for existing patients (e.g., immunization reminders and health screening reminders);

provided that in each case the message does not offer to sell, or promote the sale of, products or services.

Customer may expand the scope of communications beyond the above list only when prior express written consent has been provided from the patient to the Customer.

3. Prohibited Communications

If the email or SMS text message sent via the WELL Platform involves marketing or similar commercial solicitation, you must ensure that you have the prior express consent to send the message, and that the message complies with Canada’s anti-spam legislation.

If the pre-recorded telephone message sent via the WELL Platform involves telemarketing or similar commercial solicitation, you must ensure that the message complies with the Canadian Radio-television and Telecommunications Commission’s Unsolicited Telecommunications Rules made pursuant to the Telecommunications Act.

WELL may not be used to access or connect with emergency services personnel or public safety answering points such as text-to-911 or E911.

4. Protected Health Information

Customer agrees to send all messages in the default “secure” setting (whereby the contents are encrypted and sent to the patient in a secure link, and can only be read after authentication by the recipient).

EEA and UK

These policies address the standard rules for use of WELL’s services and the WELL Messaging & Patient Engagement Platform. Customer warrants that where it is: (i) established in the European Economic Area (EEA) or the United Kingdom (UK); (ii) offering goods or services to individuals (e.g., patients) located in the EEA or the UK; and/or (iii) monitoring the behavior of individuals located in EEA or the UK, Customer shall comply with all obligations applicable to it under the General Data Protection Regulation (GDPR) and the UK’s data protection laws. By using WELL’s services or and the WELL Messaging & Patient Engagement Platform, you agree to the following rules:

1. Addressable Population

The WELL Platform may only be used to communicate with existing patients for the purposes of the provision of care and health service by the healthcare provider (the “Customer”), or patients that have provided prior express consent with the Customer.

2. Permitted Communications

The following communications, which must be linked with the provision of care by the Customer to the patient, may be initiated using WELL’s services, to the extent that applicable legal requirements are complied with:

  • appointment scheduling, rescheduling, and cancellations;
  • directions to health care provider locations in connection with a scheduled appointment;
  • pre- and post-directives, discharge instructions;
  • communications regarding requisitioned lab work;
  • insurance- and eligibility-related messages in connection with a scheduled appointment; and
  • preventative care purposes for existing patients (e.g., immunization reminders and health screening reminders).

The Customer acknowledges that for preventative care communications not directly linked to the provision of care (e.g. general healthcare information, prevention campaign…), prior consent of the patient may be required by local law to the extent such communications are not strictly necessary for the provision of the healthcare service.

Customer may expand the scope of communications beyond the above list, but prior express written consent from the patient to the Customer may be required.
Such consent must be provided by the patient in an express manner, for these additional purposes of communication, and cannot be considered as implied by the provision of his/her contact details to the Customer by the patient.

3. Restricted Communications

If the email, SMS text or any automated message sent via the WELL Messaging & Patient Engagement Platform involves marketing or other similar commercial content, the Customer must ensure that the patient has given his/her prior express consent to receive such message, and that the message complies with EU ePrivacy legislation.

WELL’s services and the Messaging & Patient Engagement platform may not be used to access or connect with emergency services personnel or public safety answering points.

4. Patients information and rights

By using WELL’s services or the Messaging & Patient Engagement platform, the Customer undertakes:

  • to have informed its patients that they may receive, and they do not object to receiving communications sent through WELL’s services on behalf of the Customer;
  • in the event of communications not directly linked to the provision of care and of the healthcare service, to have obtain prior express consent from the patient;
  • to respect their patients’ right to object to such communications and to refrain from using WELL’s services to send communications to patients that have objected to it.

5. Protected Health Information

Customer agrees to send all messages in the default “secure” setting (whereby the contents are encrypted and sent to the patient in a secure link, and can only be read after authentication by the recipient). “Unsecure messages” may only be used in cases where messages do not contain personal data.

Date last modified: August 2, 2021

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