Patient Portal Terms of Use

PATIENT PORTAL TERMS OF USE

Direct Pay Virtual Clinic — Elation Passport Portal

SECTION 1: OVERVIEW AND PARTIES

1.1 What Is the Patient Portal?

Direct Pay Virtual Clinic uses Elation Health’s electronic health record (EHR) platform and its associated patient-facing portal, known as Elation Passport ("Patient Portal" or "Portal"), to facilitate secure, HIPAA-compliant communication and information sharing between our Provider and our patients. The Portal is accessible online at app.elationpassport.com and via the Elation Passport mobile application available for iOS and Android devices.

The Patient Portal is a supplementary communication and records-access tool. It is not a substitute for an in-person or telehealth clinical consultation, and it does not create or replace the provider-patient relationship established during a scheduled telehealth appointment.

1.2 The Three Parties

Your use of the Patient Portal involves three distinct parties, each with separate roles, responsibilities, and legal obligations:

 

Party	Role	Governing Agreement
Direct Pay Virtual Clinic ("Clinic" or "Provider")	Your healthcare provider. Responsible for your medical records, clinical content in the Portal, and your care.	These Patient Portal Terms of Use; Clinic’s Notice of Privacy Practices; HIPAA Business Associate Agreement with Elation Health
Elation Health, Inc. ("Elation")	Third-party technology vendor providing the EHR and Passport portal platform. Elation is not your healthcare provider and provides no medical advice.	Elation Health Terms of Use (elationhealth.com/terms-of-use); Elation Health Privacy Policy (elationhealth.com/privacy-policy)
You ("Patient" or "User")	The patient (or authorized representative) accessing the Portal to view records, communicate with the Clinic, and manage your healthcare interactions.	These Terms of Use; Elation Health Terms of Use; applicable consent and intake documents signed with the Clinic

 

By using the Portal, you acknowledge that both Direct Pay Virtual Clinic and Elation Health have separate and independent terms and privacy policies that govern different aspects of your Portal experience. The Clinic is responsible for your health records and clinical content; Elation Health is responsible for the technology platform on which the Portal operates.

1.3 Elation Health Business Associate Agreement

Direct Pay Virtual Clinic has executed a Business Associate Agreement (BAA) with Elation Health, Inc. as required by HIPAA (45 C.F.R. § 164.308(b)), which governs the use and protection of your protected health information (PHI) by Elation Health in its capacity as a technology service provider to the Clinic. The BAA ensures that Elation Health is bound by HIPAA’s requirements with respect to your PHI.

SECTION 2: ELIGIBILITY AND ACCOUNT ACTIVATION

2.1 Eligibility

The Patient Portal is available to:

•       Current patients of Direct Pay Virtual Clinic who are 18 years of age or older

•       Parents or legal guardians of minor patients, for general healthcare services where parental consent is required (subject to the limitations described in Section 2.4 regarding minor patient privacy)

•       Authorized representatives (e.g., holders of a durable power of attorney for healthcare) who have provided documentation of their legal authority to the Clinic

The Portal is not available to individuals who have not established a patient relationship with Direct Pay Virtual Clinic. Portal access is provided at the Clinic’s discretion and may be revoked at any time.

2.2 Account Activation

To access the Patient Portal, you must receive an invitation from Direct Pay Virtual Clinic. Portal invitations are sent to the email address and mobile phone number on file with the Clinic. You are responsible for ensuring that your contact information on file with the Clinic is accurate and current.

Upon receiving your invitation, you will be directed to create an Elation Passport account by setting a username and password. You must complete the account activation process in accordance with Elation Health’s account setup requirements. Account activation constitutes your agreement to both these Terms of Use and Elation Health’s Terms of Use.

2.3 Account Security and Password

You are solely responsible for maintaining the confidentiality and security of your Portal login credentials, including your username and password. You agree to:

•       Create a strong, unique password that is not used for any other online account

•       Never share your login credentials with any other person, including family members, caregivers, or friends, except as described in Section 2.4 for authorized representatives

•       Log out of your Portal account at the end of each session, particularly on shared or public devices

•       Notify the Clinic immediately at info@directpayvirtualclinic.org if you suspect unauthorized access to your Portal account, a lost or stolen device with Portal access, or any other security concern related to your account

Direct Pay Virtual Clinic and Elation Health will never ask you for your Portal password via email, phone, or text message. If you receive such a request, treat it as suspicious and do not comply.

You are responsible for all activity that occurs through your Portal account, whether or not authorized by you. The Clinic is not liable for any loss, damage, or unauthorized access resulting from your failure to maintain the security of your login credentials.

2.4 Minor Patients and Authorized Representatives

For minor patients (under age 18) whose care is managed by a parent or legal guardian, the authorized representative may access the Portal on the minor patient’s behalf for services requiring parental consent. However, consistent with the Clinic’s Minor Patient Consent Policy and applicable Minnesota law (Minn. Stat. §§ 144.341–144.347), records related to services for which the minor independently consented (e.g., STI testing, contraception, mental health services) may be restricted from parental access within the Portal.

Authorized representatives seeking Portal access on behalf of an adult patient must provide documentation of their legal authority to the Clinic before access is granted. The authorized representative assumes all responsibilities under these Terms of Use on behalf of the patient.

SECTION 3: PORTAL FEATURES AND PERMITTED USE

3.1 Available Features

The Elation Passport Patient Portal provides the following features, subject to availability and the Clinic’s configuration of the portal:

 

Feature	Description
Secure Messaging (Letters)	Send and receive secure, HIPAA-compliant messages (“letters”) with your Provider. You will receive an email or text notification when a new message is available. All messages are transmitted through the encrypted Portal, not via standard email.
Visit Summaries	View summaries of your completed telehealth visits, including clinical notes, diagnoses, and care instructions provided by your Provider.
Health Records Access	Access your current medications, allergy list, immunization records, and other health information maintained in your electronic health record by the Clinic.
Lab and Document Viewing	View laboratory results, imaging reports, and other clinical documents attached to your health record by your Provider. Documents may be faxed to a designated fax number from within the Portal.
Appointment Scheduling	Where enabled by the Clinic, browse available appointment times and request or schedule telehealth appointments directly through the Portal.
Mobile App Access	Access all Portal features via the Elation Passport mobile application, available for iOS and Android devices. The mobile app provides the same features as the web-based Portal.
Document Fax (from Portal)	If instructed by your Provider, you may request that clinical documents be faxed on your behalf to a designated fax number directly from within the Portal.

 

3.2 Permitted Use

You may use the Patient Portal solely for the following purposes:

•       Communicating with Direct Pay Virtual Clinic regarding your own healthcare

•       Viewing your own health records and clinical documents maintained by the Clinic

•       Scheduling, confirming, or managing your own telehealth appointments with the Clinic

•       Reviewing visit summaries and care instructions from your Provider

•       Requesting medical records or administrative documents from the Clinic through secure messaging

•       Managing your Portal account settings and contact information

3.3 Prohibited Use

You agree not to use the Patient Portal for any of the following purposes:

•       Accessing, viewing, or attempting to access the health records or account of any other patient

•       Submitting urgent medical questions, emergency communications, or time-sensitive clinical requests through the Portal messaging system — see Section 4 for important messaging limitations

•       Sharing your Portal login credentials with unauthorized third parties

•       Attempting to circumvent, hack, or interfere with the Portal’s security, authentication, or access controls

•       Uploading or transmitting malicious code, viruses, or harmful content through the Portal

•       Using the Portal for any commercial, research, or non-personal healthcare purpose

•       Submitting false, misleading, or fraudulent information through the Portal

•       Attempting to obtain prescriptions, referrals, or clinical services through Portal messaging without a scheduled clinical encounter

•       Harassing, threatening, or using abusive language toward the Provider or Clinic staff through the Portal

SECTION 4: SECURE MESSAGING — CRITICAL LIMITATIONS AND RESPONSE TIMES

4.1 Portal Messaging Is Not Real-Time

The Elation Passport secure messaging feature (referred to as “Letters” in the Portal) operates asynchronously. Messages sent through the Portal are not read or responded to in real time. The Clinic reviews Portal messages during normal business hours only. Messages sent outside of business hours, on weekends, or on holidays will be reviewed on the next business day.

4.2 Response Time Expectations

The Clinic will make reasonable efforts to respond to Portal messages within the following timeframes:

 

Message Type	Expected Response Time	Notes
General administrative questions (scheduling, billing, records)	1–2 business days	Not for urgent matters
Non-urgent clinical questions from established patients	1–2 business days	Provider review required; may require a scheduled appointment
Prescription refill requests	Not processed via Portal	Refills require a scheduled clinical encounter — see Prescription Policy
Urgent clinical matters	DO NOT USE PORTAL	Call your Provider, 911, or go to the ER
Medical emergencies	CALL 911 IMMEDIATELY	Do not wait for a Portal response

 

Response times are estimates and are not guaranteed. The Clinic’s ability to respond may be affected by provider availability, volume of messages, holidays, and other operational factors. The Clinic is not liable for any harm resulting from a patient’s reliance on Portal messaging for urgent or time-sensitive matters.

4.3 Appropriate Uses for Portal Messaging

Portal messaging is appropriate for the following types of communications:

•       Non-urgent questions about your visit summary, diagnosis, or care plan from a recent appointment

•       Requesting a copy of your medical records, a superbill, or a referral letter

•       Updating your contact information, insurance information, or pharmacy preference

•       Asking administrative questions about scheduling, fees, or clinic policies

•       Following up on laboratory or imaging results that your Provider has already reviewed and communicated to you

•       Requesting a telehealth appointment for a non-urgent matter

4.4 Inappropriate Uses for Portal Messaging

The following communications are NOT appropriate for Portal messaging and must be handled through other channels:

•       Reporting new, worsening, or concerning symptoms that may require prompt clinical evaluation

•       Requesting a prescription refill (requires a scheduled appointment)

•       Reporting suspected adverse drug reactions (contact the Clinic by phone or seek emergency care if severe)

•       Any communication that requires a clinical response within 24 hours

•       Mental health crises or expressions of suicidal ideation (call 988 or go to the nearest emergency room)

4.5 Portal Messaging Is Not a Substitute for an Appointment

Clinical questions that require a medical assessment, diagnosis, or treatment recommendation cannot be adequately addressed through Portal messaging. If your Provider determines that your Portal message requires a clinical evaluation, they will ask you to schedule a telehealth appointment rather than responding with clinical advice through the Portal. This is for your safety and ensures that you receive appropriate care.

SECTION 5: YOUR HEALTH RECORDS IN THE PORTAL

5.1 Ownership of Health Records

Your health records maintained in the Elation EHR are owned and controlled by Direct Pay Virtual Clinic as your healthcare provider. The records you view through the Portal are a reflection of what the Clinic maintains in its EHR system. Elation Health, as the technology platform provider, does not own your health records and will not modify, delete, or disclose them except as directed by the Clinic or as required by law.

This is consistent with Elation Health’s own privacy policy, which states that records in the Passport Portal are owned and maintained by your healthcare provider in accordance with HIPAA.

5.2 Accuracy of Portal Information

The Clinic makes reasonable efforts to ensure that the health information visible in your Portal is accurate and current. However, there may be a delay between the time clinical information is created and the time it appears in your Portal. If you notice any information in your Portal that you believe is inaccurate or incomplete, please contact the Clinic at info@directpayvirtualclinic.org to request a correction. You have the right to request amendments to your health records under HIPAA (45 C.F.R. § 164.526) and Minn. Stat. § 144.2095.

5.3 Not All Records May Be Visible

The Portal displays a subset of your health record as determined by the Clinic’s Portal configuration. Not all records, notes, or documents in your electronic health record may be visible through the Portal. If you need access to records that are not visible in your Portal, you may submit a formal medical records request by contacting us at info@directpayvirtualclinic.org, in accordance with our Notice of Privacy Practices and HIPAA.

5.4 Record Deletion

Because your health records are owned and controlled by Direct Pay Virtual Clinic (not Elation Health), requests to delete or modify health records must be directed to the Clinic, not to Elation Health. Elation Health cannot make changes to your health records on the Clinic’s behalf. Health records are retained by the Clinic in accordance with applicable Minnesota law (Minn. Stat. § 145.32) for a minimum of seven (7) years and cannot be deleted prior to the expiration of applicable retention periods.

5.5 Deactivating Your Portal Account

If you wish to deactivate your Patient Portal account, please contact Direct Pay Virtual Clinic directly at info@directpayvirtualclinic.org. Because Patient Passport accounts are administered by provider practices directly, Elation Health cannot deactivate your account on the Clinic’s behalf. Deactivation of your Portal account does not affect your underlying health records, which will continue to be maintained by the Clinic in accordance with applicable law.

SECTION 6: PRIVACY AND DATA SECURITY

6.1 HIPAA Compliance

The Patient Portal and all health information transmitted through it are subject to HIPAA (45 C.F.R. Parts 160 and 164) and the Minnesota Health Records Act (Minn. Stat. Ch. 144). Your use of the Portal and the Clinic’s handling of your health information through the Portal are governed by the Clinic’s Notice of Privacy Practices, which is available on our website and upon request.

6.2 Elation Health’s Security Standards

Elation Health operates the Passport Portal using industry-leading security standards. Key security features include:

•       End-to-end encryption of all Portal communications and data transmission

•       Security standards that exceed the minimum legal requirements — Elation Health’s platform employs encryption at double the level required by applicable law

•       ONC (Office of the National Coordinator for Health Information Technology) certification, confirming compliance with federal health IT standards

•       HIPAA-compliant data storage and access controls

•       Regular security assessments and vulnerability testing

6.3 Elation Health Privacy Policy

Your use of the Elation Passport platform is also governed by Elation Health’s Privacy Policy, available at elationhealth.com/privacy-policy. Key provisions of Elation Health’s privacy practices relevant to patients include:

•       Elation Health will not sell your personal information or PHI to any third party

•       Elation Health may use aggregated, anonymized usage data for platform improvement and internal analytics purposes, but this data will not identify individual patients

•       Patient portal accounts are administered and owned by provider practices directly, and Elation Health cannot make changes on behalf of providers

•       An email address and mobile phone number are required to send a portal invitation and are stored in the clinical EHR

6.4 Notification Emails and Text Messages

When new information is available in your Portal — such as a new message from your Provider, a lab result, or a visit summary — you will receive a notification via email or text message to the contact information on file. These notifications will inform you that new information is available in your Portal but will not contain the actual clinical content of the message or document. You must log in to the Portal to view the content.

Notification emails from the Portal are sent from Elation Health’s systems. If you do not wish to receive notification emails or texts, you may adjust your notification preferences within your Portal account settings or contact the Clinic.

6.5 Your Responsibility for Device Security

You are responsible for the security of the devices you use to access the Portal, including your computer, smartphone, or tablet. You agree to:

•       Use only personal or trusted devices to access the Portal

•       Ensure your device is protected by a password, PIN, or biometric lock

•       Keep your device’s operating system and apps updated with current security patches

•       Log out of the Portal completely when using a shared or public device

•       Enable remote wipe functionality on mobile devices where possible, in case of loss or theft

The Clinic is not responsible for unauthorized access to your Portal account resulting from your failure to secure your personal devices.

SECTION 6B: SPRUCE HEALTH — HIPAA-COMPLIANT COMMUNICATION PLATFORM

6B.1 What Is Spruce?

In addition to the Elation Passport patient portal, Direct Pay Virtual Clinic uses Spruce Health (“Spruce”), operated by Spruce Health, Inc., as its primary HIPAA-compliant communication platform. Spruce enables secure two-way communication between the Clinic and patients via phone calls, SMS text messaging, secure in-app messaging, voicemail, e-fax, and video. Spruce is available as a free mobile app for patients on iOS and Android devices, and is accessible via web browser at sprucehealth.com.

Spruce and Elation Passport serve different but complementary functions. Elation Passport is primarily a health records and clinical documentation portal. Spruce is primarily a real-time and asynchronous communication platform. Together, these tools form the Clinic’s complete patient communication infrastructure.

6B.2 Spruce Business Associate Agreement

Direct Pay Virtual Clinic has executed a Business Associate Agreement (BAA) with Spruce Health, Inc., as required by HIPAA (45 C.F.R. § 164.308(b)). The Spruce BAA covers the use and disclosure of protected health information (PHI) transmitted through the Spruce platform in connection with the Clinic’s services. Spruce’s BAA is automatically included in its terms of service for healthcare organizations and explicitly covers the creation, receipt, maintenance, and transmission of PHI in conformity with HIPAA standards.

6B.3 Spruce Security and Compliance Standards

Spruce Health, Inc. maintains the following security and compliance certifications relevant to your PHI:

•       HIPAA Business Associate Agreement (BAA) — automatically included in all Spruce organizational accounts

•       SOC 2 Type II audit certification — confirming Spruce’s security, availability, and confidentiality controls have been independently audited

•       HITRUST certification — a leading healthcare-specific information security framework

•       Two-factor authentication (2FA) required for provider-side login

•       Automatic audit logging of all communication read, write, and view events for HIPAA compliance

•       End-to-end encryption for secure in-app messaging

•       HIPAA-compliant e-fax, voicemail, and secure file sharing

6B.4 How the Clinic Uses Spruce

Direct Pay Virtual Clinic may use Spruce to communicate with you in the following ways:

•       Phone calls — the Clinic’s practice phone number is powered through Spruce VoIP. Calls to the Clinic’s number will be received and returned through Spruce.

•       SMS text messaging — the Clinic may send and receive two-way SMS texts through Spruce for appointment reminders, administrative communications, and non-urgent follow-up. Note: standard SMS messages (outside the Spruce secure app) are not encrypted. For sensitive clinical communications, secure in-app messaging is used.

•       Secure in-app messaging — fully encrypted, HIPAA-compliant messages sent and received through the Spruce app. This is the most secure method of text-based communication with the Clinic.

•       Voicemail — voicemails left at the Clinic’s number are received through Spruce and may be transcribed for efficient review.

•       E-fax — the Clinic may send and receive HIPAA-compliant electronic faxes through Spruce, including referral documentation, lab orders, and records.

•       Appointment reminders and automated messages — the Clinic may use Spruce’s automation features to send appointment reminders, follow-up instructions, and other routine communications.

6B.5 Downloading the Spruce App

To communicate most securely with Direct Pay Virtual Clinic, you are encouraged to download the free Spruce app on your iOS or Android device. The Spruce app is always free for patients and enables fully encrypted, HIPAA-compliant two-way messaging without requiring a patient portal login. You will receive an invitation to connect with the Clinic on Spruce when you become a patient.

If you prefer not to download the Spruce app, the Clinic can also communicate with you via standard SMS text or phone call through the Spruce platform. However, please be aware that standard SMS messages sent outside the encrypted Spruce app are not HIPAA-secured and should not be used to share sensitive health information.

6B.6 Spruce Communication Limitations — Not for Emergencies

Like the Elation Passport Portal, Spruce communications are not monitored 24 hours a day, 7 days a week. Messages received outside of business hours will be reviewed on the next business day. The response time expectations described in Section 4.2 of these Terms apply equally to communications received through Spruce.

6B.7 After-Hours Spruce Handling

Outside of regular business hours, Spruce’s automated after-hours settings will be active. You may hear an automated voicemail greeting or receive an automated text response acknowledging your message. The Clinic will respond to all Spruce messages on the next business day. If your matter is urgent and cannot wait until the next business day, please seek care through an urgent care telehealth service or, for emergencies, call 911 or go to the nearest emergency room.

6B.8 SMS Texting and Standard Text Limitations

If you communicate with the Clinic via standard SMS text message (outside the encrypted Spruce secure messaging app), please be aware of the following:

•       Standard SMS messages are transmitted over cellular networks and are not end-to-end encrypted

•       Do not send sensitive health information, including diagnoses, medications, test results, or other PHI, via standard SMS text

•       For sensitive communications, use the Spruce secure in-app messaging feature or the Elation Passport Portal

•       The Clinic’s use of SMS for appointment reminders and administrative messages complies with HIPAA because message content is limited to non-sensitive scheduling and operational information

You have the right to opt out of SMS communications from the Clinic at any time by replying STOP to any Clinic text message or by contacting us at info@directpayvirtualclinic.org.

6B.9 Spruce Privacy Policy

Your use of the Spruce platform is also governed by Spruce Health’s own Privacy Policy and Terms of Service, available at sprucehealth.com. Direct Pay Virtual Clinic is an independent practice and is not affiliated with Spruce Health, Inc. beyond its use of the Spruce communication platform under a separate service agreement. The Clinic is not responsible for Spruce’s platform decisions, technical issues, or changes to Spruce’s terms and privacy practices.

6B.10 Three-Platform Communication Summary

To summarize how Direct Pay Virtual Clinic’s communication platforms work together:

 

Platform	Primary Use	Best For	Not For
Elation Passport Portal	Health records, visit summaries, secure letters	Reviewing records, non-urgent clinical follow-up, records requests	Emergencies, urgent care, prescription refills
Spruce Secure Messaging (in-app)	Encrypted two-way messaging, secure file sharing	Sensitive communications, non-urgent questions, document exchange	Emergencies, urgent care
Spruce Phone / SMS	Calls, voicemail, appointment reminders, administrative texts	Scheduling, general questions, appointment coordination	Emergencies, sensitive PHI via SMS
911 / 988	Medical and mental health emergencies	ALL life-threatening emergencies	Routine or non-urgent communications

SECTION 7: IMPORTANT LIMITATIONS OF THE PATIENT PORTAL

7.1 Portal Is Not for Emergencies

7.2 Portal Is Not a Substitute for Clinical Care

The Patient Portal is a communication and records-access tool. It does not replace, substitute for, or constitute clinical care. Viewing your health records, receiving a visit summary, or exchanging messages with your Provider through the Portal does not constitute a clinical consultation and does not fulfill any requirement for an in-person or telehealth evaluation.

7.3 Availability and Uptime

The Patient Portal is operated by Elation Health and may be subject to scheduled or unscheduled downtime for maintenance, technical issues, or other reasons beyond the Clinic’s control. The Clinic does not guarantee continuous, uninterrupted availability of the Portal. In the event of Portal downtime, please contact the Clinic directly at info@directpayvirtualclinic.org for urgent communications.

7.4 Internet Connectivity

Access to the Patient Portal requires an internet connection. You are responsible for ensuring that you have a functioning internet connection to access the Portal. The Clinic is not responsible for your inability to access the Portal due to internet connectivity issues on your end.

7.5 Third-Party Platform Limitations

The Elation Passport Portal is a third-party platform operated by Elation Health, Inc. Direct Pay Virtual Clinic does not control the Portal’s underlying technology, software updates, or feature availability. The Clinic is not responsible for technical errors, bugs, or limitations of the Elation Passport platform. For technical support related to the Portal platform itself, contact Elation Health directly through their support channels.

SECTION 8: DISCLAIMER OF WARRANTIES

THE PATIENT PORTAL AND ALL CONTENT ACCESSIBLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER DIRECT PAY VIRTUAL CLINIC NOR ELATION HEALTH WARRANTS THAT THE PORTAL WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Clinic does not warrant that the health information visible in the Portal is complete, current, or free from error. You assume all risk associated with your use of the Portal and the information accessible through it.

SECTION 9: LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIRECT PAY VIRTUAL CLINIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE PATIENT PORTAL, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM:

•       Delays in reviewing or responding to Portal messages

•       Portal downtime, technical failures, or interruptions of service

•       Unauthorized access to your Portal account due to your failure to secure your login credentials or devices

•       Inaccuracies or delays in the availability of health information in the Portal

•       Your reliance on Portal information for urgent medical decisions

Nothing in these Terms limits liability for death or personal injury caused by the Clinic’s gross negligence or willful misconduct, or any liability that cannot be excluded under applicable Minnesota or federal law.

SECTION 10: TERMINATION AND SUSPENSION OF PORTAL ACCESS

10.1 Clinic’s Right to Terminate or Suspend Access

Direct Pay Virtual Clinic reserves the right to suspend or permanently terminate your Portal access at any time, with or without prior notice, for the following reasons:

•       Violation of these Terms of Use

•       Abusive, threatening, harassing, or inappropriate conduct through Portal messaging

•       Suspected unauthorized access or security breach involving your account

•       Termination of the provider-patient relationship

•       The Clinic ceasing to use the Elation Health platform

•       Any other reason at the Clinic’s reasonable discretion

Termination of Portal access does not affect your underlying health records, which will continue to be maintained by the Clinic in accordance with applicable law. You may request your records through the standard medical records request process even after Portal access has been terminated.

10.2 Your Right to Deactivate

You may request deactivation of your Portal account at any time by contacting Direct Pay Virtual Clinic at info@directpayvirtualclinic.org. As noted in Section 5.5, Elation Health cannot deactivate your account directly, so all deactivation requests must be directed to the Clinic.

10.3 Effect of Termination

Upon termination or deactivation of your Portal account, you will lose access to your Portal history, messages, and records visible in the Portal. You are encouraged to download or print any Portal documents or messages you wish to retain before requesting deactivation. The Clinic will continue to maintain your health records in accordance with Minnesota law regardless of Portal account status.

SECTION 11: CHANGES TO THESE TERMS AND THE PORTAL

11.1 Updates to These Terms

Direct Pay Virtual Clinic reserves the right to update these Patient Portal Terms of Use at any time. Material changes will be posted on our website and, where feasible, communicated to active Portal users via Portal message or email. Your continued use of the Portal following the effective date of any changes constitutes your acceptance of the updated Terms.

11.2 Changes to the Portal Platform

Elation Health may update, modify, or discontinue features of the Elation Passport platform at any time. The Clinic does not control Elation Health’s product decisions and cannot guarantee the continued availability of any specific Portal feature. If Elation Health materially changes or discontinues the Passport platform, the Clinic will communicate with affected patients about alternative access options.

SECTION 12: GOVERNING LAW AND CONTACT

12.1 Governing Law

These Patient Portal Terms of Use are governed by and construed in accordance with the laws of the State of Minnesota, including the Minnesota Health Records Act (Minn. Stat. Ch. 144), the Minnesota Consumer Data Privacy Act, and applicable federal law, including HIPAA (45 C.F.R. Parts 160–164). Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of the State of Minnesota.

12.2 Contact Information

For questions about these Terms, your Portal account, or your health records, please contact:

•       Direct Pay Virtual Clinic — info@directpayvirtualclinic.org

•       Website Contact Form — directpayvirtualclinic.com

For technical support related to the Elation Passport platform (login issues, app problems, technical errors), contact Elation Health directly through the support resources available at elationhealth.com.

SECTION 13: PATIENT ACKNOWLEDGMENT

By activating your Elation Passport Patient Portal account or by using the Portal after having been provided these Terms, you acknowledge and agree that:

1.     You have read, understand, and agree to these Patient Portal Terms of Use in their entirety;

2.     You understand that the Portal is operated by Elation Health, Inc. as a third-party technology platform, and that both these Terms and Elation Health’s own Terms of Use and Privacy Policy govern your use of the Portal;

3.     You understand that the Portal is NOT for medical emergencies and that you must call 911 for all life-threatening emergencies;

4.     You understand that Portal messaging is not monitored in real time and is not appropriate for urgent medical communications;

5.     You understand that prescription refills require a scheduled clinical appointment and cannot be processed through Portal messaging;

6.     You are solely responsible for the security of your Portal login credentials and the devices you use to access the Portal;

7.     You understand that your health records are owned and maintained by Direct Pay Virtual Clinic and that record deletion or modification requests must be directed to the Clinic;

8.     You understand that deactivation of your Portal account does not delete your underlying health records, which are retained in accordance with Minnesota law;

9.     You have been given the opportunity to ask questions about these Terms and have had them answered to your satisfaction.

 

 

Patient Full Name		Date of Birth
Email Address (for Portal invite)		Mobile Phone (for Portal notifications)

 

Patient Full Legal Name (Print): ____________________________________________   Date of Birth: _______________

Patient Signature: __________________________________________________   Date Signed: ___________________

 

If signed on behalf of a minor or legally incapacitated patient:

Representative Full Legal Name (Print): ________________________________   Relationship: ___________________

Representative Signature: __________________________________________________   Date Signed: ___________________

 

 

FOR CLINIC USE ONLY

Portal Invite Sent By		Date Invite Sent
Account Activated (Y/N)		Date Activated
Terms Acknowledged		Method