CHPW Interoperability API Portal Developer Terms and Conditions of Use - Community Health Plan of Washington - Medicare Advantage

CHPW Interoperability API Portal Developer Terms and Conditions of Use

Effective Date: July 1, 2021

Please read these Terms and Conditions (“Terms”) carefully and completely before using the CHPW Interoperability API Developer Portal available at http://appregister.chpw.org/ (collectively, the “Site”) or any services or information provided through or in connection with the Site by Community Health Plan of Washington or its affiliate Community Health Network of Washington (collectively, “CHPW”) (together with the Site, collectively, the “Service”). By clicking “I Accept” to these Terms or by using the Service (including any access to the Service), you expressly agree to be bound by the Terms, by and between you and CHPW, which incorporates this reference any additional terms and conditions posted by CHPW through the Site, or otherwise made available to you by CHPW. These Terms do not govern your use of other sites or apps. The information and resources contained on and accessible through the Service are made available by CHPW to certain third party developers, including the developer that employs you (“Your Company”) subject to your agreement to these Terms and Conditions of Use.

By using the Service, you affirm that you are of legal age to agree to these Terms and are an authorized user of the Service as a representative from Your Company.

CHPW may update these Terms by notifying you of such updates by any reasonable means, including by posting the updated Terms to this Site. Any updates to these Terms will not apply to any dispute between you and CHPW arising prior to the date on which we posted the updated Terms, or otherwise notified you of such updated Terms. The “Last Updated” legend above indicates when these Terms were last changed. Your continued use of the Service following any updates to these Terms shall constitute notice and acceptance of any such updates.

Services Provided

Through this Site, CHPW may provide you with access to documentation, registration services, developer sandbox services, and other developer services related to CHPW’s application programming interfaces – the “Patient Access API” and the Provider Directory API” (together, the “APIs”) – provided pursuant to the CMS Interoperability and Patient Access Final Rule (CMS-9115-F). References to “the Service” in these Terms include your access and connection to and use of the APIs.

Accounts/Registration

In order to access the APIs, you will be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. You represent and warrant that any and all registration information you give to CHPW must be accurate and up to date and you must inform CHPW promptly of any future updates so that we can keep you informed of any changes to the Service or these Terms, which may impact your use of the APIs.

Developer credentials (such as passwords, keys, tokens, and client IDs) issued to you by CHPW are intended to be used only by you and to identify any software which you are using with the APIs. You are responsible for all statements made and acts or omissions that occur while your Developer Credentials are being used. You agree to keep your Developer Credentials confidential and make reasonable efforts to prevent other persons or entities from accessing or using your developer credentials. You are responsible for any breach of security caused by your failure to maintain the confidentiality of your Developer Credentials. You agree to notify CHPW immediately in the event of loss or theft of your Developer Credentials, or if you believe the confidentiality of your Developer Credentials has been compromised in any way, or in the event that you learn about a possible or actual unauthorized use of the Service.

You may only access (or attempt to access) each of the APIs by the means described in the documentation for that API. If CHPW assigns you Developer Credentials, you must use them with the applicable APIs. CHPW reserves the right to revoke your Developer Credentials and/or access to the APIs at any time without prior notice for your failure to comply with these Terms or where CHPW reasonably determines that you access to the APIs would present an unacceptable level of risk to the security of CHPW’s system.

If you are granted production application credentials for the APIs, you may only use those credentials with the application that is registered with CHPW for production access. CHPW may revoke your production application credentials if you use or attempt to use them with another application or product that has not been registered with CHPW for production access.

Usage Rules and Requirements

Subject to these Terms and in accordance with the API documentation and applicable law, including the CMS Interoperability and Patient Access Final Rule (CMS-9115-F), you may only use: (a) the Patient Access API to retrieve, with the approval and at the direction of an applicable CHPW member or the member’s personal representative, certain data, as applicable, concerning adjudicated claims, encounter data from capitated providers, formulary data, and certain clinical data, if CHPW maintains any such data; (b) the Provider Directory API to retrieve, as applicable, certain CHPW provider and pharmacy directory information; and  (c) the developer sandbox services to test your application’s connection to the APIs.

You may not: (a) access the APIs by means other than an applicable that has been registered with CHPW to access the APIs; (b) decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the Service by any means, except to the extent that the foregoing restriction is prohibited by applicable law; or (c) remove any proprietary notices, labels, or marks from the Service. You agree to use the Services only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. Any conduct by you that, as reasonably determined by CHPW, restricts, inhibits, or interferes with the ability of any other user to use the Service (including by means of hacking or defacing any portion of the Service, or by engaging in spamming, flooding, or other disruptive activities) is prohibited. You must not transmit or otherwise make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, or hardware, software or equipment.

You and your application may only access, connect to, and/or retrieve data from each of the APIs after you and your applicable have successfully registered with CHPW for production access to the applicable API. You may not access, connect to, retrieve data from, or use in any way the Patient Access APII except with the approval and direction of the applicable CHPW member or the member’s personal representative.

Right to Limit

Your use of the APIs will be subject to certain limitations on access, calls, or use as set forth within these Terms and Conditions or otherwise provided by CHPW. These limitations are designed to manage the load on the system, promote equitable access, and prevent abuse, and these limitations may be adjusted without notice, as deemed necessary by CHPW. If CHPW reasonably believes that you have attempted to exceed or circumvent these limits, your ability to use the APIs may be temporarily or permanently blocked. CHPW may monitor your use of the APIs to, for example, improve the service or to ensure compliance with these Terms.

Proprietary Rights

As between you and CHPW, CHPW owns the Service. Parts of the Service may be subject to intellectual property rights held by CHPW and its third-party suppliers and vendors. Any intellectual property notices, such as trademark or copyright notices, may not be deleted or altered in any way. CHPW’s trademarks and copyrights may not be used in connection with any products or services that are not offered by or on behalf of CHPW.

Privacy

Your submission of information through the Service is governed by CHPW’s applicable Privacy Policy. CHPW may disclose your information to comply with applicable rules, orders, subpoenas, or other legal process, or in order to give information to any government agency or official requesting such information.

Electronic Communications

When you send emails or other electronic messages to CHPW or in connection with the Service, you are communicating with CHPW electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

Although CHPW reserves the right to correct any errors, omissions, or inaccuracies, we do not represent that the Service will operate without interruption or error, nor do we provide any assurances of the availability or usability of the Service.

CHPW AND ITS THIRD PARTY SUPPLIERES AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE OR ACCESSIBLE THROUGH THE SERVICE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY AND OTHER RESOURCES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. CHPW MAKES NO WARRANTY THAT THE DATA PROVIDED THROUGH THE APIs WILL BE ERROR FREE OR THAT ACCESS WILL BE CONTINUOUS OR UNINTERRUPTED. IN ADDITION, CHPW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE DISCLOSURE OF DATA THROUGH THE APIs OR THE ANTICIPATED USES OF ANY DATA DISCLOSED THROUGH THE APIs COMPLIES WITH APPLICABLE LAW, THE APPLICABLE NOTICE OF PRIVACY PRACTICES, OR APPLICABLE PRIVACY POLICIES.

Limitations on Liability

To the maximum extent permitted by applicable law, in no event shall CHPW or its third parties suppliers or vendors, or its or their respective employees, officers, directors, agents, affiliates, suppliers, vendors or partners (collectively, the “CHPW Parties”) be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability or otherwise arising out of or in any way connected with the use, operation or performance of the service, with the delay or inability to use the service, any defects in the service, or with the provision of, or failure to make available, any information, services, products, materials or other resources available on or accessible through the Service, even if advised of the possibility of such damages.

CHPW shall not be liable in any way to you or anyone else who may u se the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.

The operation of the Service may be affected by numerous factors beyond CHPW’s control. The operation of the Service, whether by CHPW, its suppliers or its vendors, may not be secure. Security and privacy risks cannot be eliminated. Password protection and other security measures may not prevent unauthorized access to materials you may use or allow other persons to use in connection with the Service, including materials posted or submitted to the Service.

You acknowledge and agree that the limitations on liability set forth above in this section are fundamental elements of these Terms and the Service would not be provided to you absent such limitations.

Indemnification

You hereby agree to defend, indemnify, and hold harmless the CHPW Parties from any liability, loss, claim and expense (including reasonable attorneys’ fees) related to or arising from your use of the content on the Service, or any materials that you submit, post, or transmit through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.

Third-Party Resources

The Service may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, functionality, and/or other resources (“Third Party Resources”). These links and access are provided for your convenience and reference only. CHPW does not control such Third-Party Resources and, therefore, is not responsible for such Third-Party Resources, or any content posted on or made available by such Third-Party Resources. Be aware that CHPW does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. CHPW reserves the right to terminate such links or such access at any time. The fact that CHPW offers such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third-Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third-Party Resources is subject to the Third Party’s terms, conditions, and policies applicable to such products, services, or materials (such as terms of service or privacy policies of the providers of such products, services, or materials). CHPW is not responsible for the privacy and security of any information you share with that Third Party. When you elect to receive these services from a Third Party, you agree to hold CHPW harmless for any unauthorized use or disclosure of your personal information.

Service Termination

If you wish to terminate your agreement with these Terms and Conditions, you may do so by refraining from further use of the APIs. CHPW reserves the right (though not the obligation) to terminate access based on the CMS Interoperability Rule and regulatory guidance. You may petition CHPW to regain access to the APIs through the support email address provided by CHPW for the APIs. If CHPW determines in its sole discretion that the circumstances which led to the refusal to provide the APIs or terminate access to the APIs no longer exist, then CHPW may restore your access. All provisions of these Terms and Conditions, shall survive termination, including, without limitation, warranty disclaimers, and limitations of liability.

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