Patient Agreement

Last Revised: 7/26/2023
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 This Patient Agreement (“Patient Agreement”) governs your use of the medical services, including the Telehealth Services described in more detail in Section 5 below (collectively, the “Medical Services”) provided by Ilant Medical Group, P.A., a Florida professional corporation, Ilant Medical Group KS, P.A., a Kansas professional corporation, Ilant Medical Group CA, a California professional corporation, Ilant Medical Group NJ, P.C., a New Jersey professional corporation, and AA Medical NY, P.C. (collectively “Ilant Medical”, “we”, “us”, or “our”).  Please read the Patient Agreement carefully before using the Medical Services. By using the Medical Services, including the Telehealth Services, you agree to be bound by this Patient Agreement.

Ilant Medical receives management and administrative services from Ilant Health, Inc. (“Ilant Health”). All medical services are provided by Ilant Medical.

Please refer to our Notice of HIPAA Privacy Practices to learn how Ilant Medical collects, uses, shares and protects your Protected Health Information (“PHI”) (as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations, or "HIPAA").

Please do NOT use the Medical Services, including the Telehealth Services, for emergency or urgent medical matters. For all urgent or emergency matters that you believe may immediately affect your health, you must immediately call 911 or go to the nearest emergency room or urgent care facility.

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Before proceeding with our services, we request your consent on the following matters. Please read the following consents carefully, and if you have any questions, reach out to our team at info@ilanthealth.com.

1. Consent to Treatment and Termination of Services
   I acknowledge and agree to receive Medical Services and related treatment from Ilant Medical. I understand that these services may include remote consultations, digital monitoring, and Telehealth Services (as defined in Section 5). I am aware of my ability to terminate use of the Medical Services at any time by not using the Medical Services anymore. I acknowledge that Ilant Medical may terminate my use of the Medical Services at any time in its reasonable discretion, for causes including but not limited to illegal conduct such as falsifying information to obtain controlled substances, abusive and threatening behavior, and continued refusal to pay for Ilant Medical Services. Ilant Medical may terminate my use of the Medical Services by sending notice to me at the mail or email address provided to us or by otherwise contacting me. No refunds will be issued if the Medical Services are terminated.
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2. Consent to Data Collection and Use
   I authorize Ilant Medical to collect, use, and process my personal health information (PHI) for the purposes of providing healthcare services. This includes the collection of medical history, test results, monitoring data, and any other relevant information required for my treatment.
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3. Consent to Sharing Information
   I grant permission for Ilant Medical to share my health information with other healthcare providers, researchers, or third-party applications as necessary for treatment, coordination of care, or other specified purposes related to my healthcare needs, as well as ongoing improvement of the Medical Services.
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4. Consent for Research or Clinical Trials
   I understand that Ilant Medical may conduct research studies or clinical trials. If I choose to participate, I consent to the purpose, risks, benefits, procedures, and responsibilities associated with such activities, as outlined by Ilant Medical.
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5. Consent for Telehealth Services
   I acknowledge that telemedicine services involve remote consultations and virtual visits (“Telehealth Services”). I understand the limitations, risks, and benefits associated with telemedicine interactions and consent to receive such services from Ilant Medical. I have had any questions about the Telehealth Services answered.
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6. Consent to Prescription Terms
   I agree that any prescriptions that I acquire from an Ilant Medical provider will be solely for my personal use.

7. Consent for Remote Monitoring
   I authorize Ilant Medical to remotely collect and monitor my health-related data, such as vital signs, activity levels, or medication adherence, for the purpose of providing personalized healthcare services.
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8. Consent for Artificial Intelligence (AI) and Machine Learning
   I understand that Ilant Medical may use AI algorithms or machine learning models to analyze my health data for diagnostic, predictive, or treatment purposes. I consent to the use of these technologies in relation to my healthcare.
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9. Consent for Mobile Applications or Wearable Devices
   If applicable, I consent to the use of mobile applications or wearable devices provided by Ilant for the purpose of tracking health metrics, delivering interventions, or providing personalized recommendations.
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10. Consent for Health Information Exchange
    I authorize Ilant Medical to exchange my health information electronically with other healthcare providers, healthcare systems, or health information exchanges (HIEs) for the purposes of care coordination and continuity. I understand that I have the right to opt-in or opt-out of this sharing by emailing info@ilanthealth.com.
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11. Consent for Marketing and Communication
    I grant permission for Ilant Medical to send me marketing materials, newsletters, or promotional communications. I understand that I have the right to opt-in or opt-out of these communications at any time by emailing info@ilanthealth.com or by changing my notifications preferences in my patient portal.

12. Consent for Telephone Communications.
    By checking the box to accept this Patient Agreement below, I consent to receive telephone calls and SMS/text messages from Ilant Medical about my healthcare. By consenting to receive SMS/text messaging communications and telephone calls, I acknowledge that such communications are not secure and the content of such communications is vulnerable to damage, loss, and unauthorized disclosure and use. I also agree that I will not bring or pursue claims against Ilant Medical for damages, costs or expenses arising from or in connection with such damage, loss, or unauthorized disclosure and use of my information or information pertaining to me. Please note that additional messaging and carrier rates may apply. I may opt-out of text messaging at any time by replying STOP or opt-out of all communications at any time by sending written notice to info@ilanthealth.com.

13. Consent for De-identified Data
    I consent to the use of my de-identified health data by Ilant Medical for research, analytics, population health studies, or to improve Ilant Medical’s own operations. I understand that appropriate privacy safeguards are in place to protect my anonymity.

14. Consent for Financial Responsibility
    I understand and acknowledge my financial responsibility for the Medical Services rendered by Ilant Medical, including insurance coverage, co-pays, and any applicable fees. Once an episode of care has begun or Medical Services have been paid for in full, there is no entitlement to a refund.

15. Pregnancy Avoidance Consent
    I agree to inform my Ilant Medical provider if I am or become pregnant immediately, as this may affect treatment protocol.

16. Disclaimers
    TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, ILANT MEDICAL, ILANT HEALTH, INC. AND THEIR AFFILIATES, PARTNER PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE MEDICAL SERVICES.
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    Any general advice that may be posted on the Ilant Health website is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, Ilant Medical makes no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Medical Services. If I have specific concerns or a situation arises in which I require medical advice, I should consult with an appropriately trained and qualified medical services provider.
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    The Medical Services are intended for use only within the United States and its territories. Ilant Medical makes no representation that the Medical Services are appropriate, or are available for use outside the U.S. Those who choose to access and use Ilant Medical Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
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17. Limitation of Liability
    TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ILANT MEDICAL, ILANT HEALTH, INC., AND THEIR AFFILIATES, PARTNER PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE PROVIDER SERVICES OR FROM THE USE OF OR INABILITY TO USE THE PROVIDER SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF ILANT MEDICAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY.
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18. General Provisions
    This Patient Agreement, including the Telehealth Services Consent, and the Notice of Privacy Practices make up the entire agreement relating to my use of the Medical Services, and supersede all prior agreements relating to the subject matter hereof.
    
    Ilant Medical may change, suspend, or discontinue any of the Medical Services at any time. Ilant Medical will try to give prior notice of any material changes to the Medical Services. Ilant Medical will not be liable to myself or to any third party for any modification, suspension or discontinuance of the Medical Services.
    
    This Patient Agreement does not confer any third-party beneficiary rights upon anyone other than myself. I may not transfer any of my rights or obligations under this Patient Agreement to anyone else. Ilant Medical may assign its rights in connection with a merger, acquisition, or sale of assets involving Ilant Medical and/or Ilant Health, or by operation of law or otherwise without my consent. 
    
    Even after termination, this Patient Agreement will remain in effect such that all terms that by their nature may survive termination will survive such termination.
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19. Arbitration
    I agree that any dispute, claim or controversy arising out of or relating to this Patient Agreement or the Medical Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). I will also have the right to litigate any other Dispute if I provide written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at info@ilanthealth.com,  or by regular mail to Ilant Medical, 2093 Philadelphia Pike #4289, Claymont, DE 19703, within thirty (30) days following the date my first accept this Agreement, or if I have not registered for an account, then within thirty (30) days following the date I first use Ilant Medical Services. If I don’t provide an Arbitration Opt-out Notice within the thirty (30) day period, I will be deemed to have knowingly and intentionally waived my right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if I timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in Miami Dade County, Florida, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless I timely provide Ilant Medical with an Arbitration Opt-out Notice, I acknowledge and agree that I am waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless I otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Miami Dade County, Florida. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of this Agreement.
    
    Arbitration Rules
    
    The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
    
    Arbitration Process
    
    A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration, as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
    
    Arbitration Location and Procedure
    
    Unless I agree with Ilant Medical otherwise, the arbitration will be conducted in Miami Dade County, Florida. If my claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless I request a hearing or the arbitrator determines that a hearing is necessary. If my claim exceeds $10,000, my right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
    
    Arbitrator’s Decision
    
    The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If I prevail in arbitration I will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. I will not seek, and hereby waive all rights I may have under applicable law to recover, attorneys’ fees and expenses if I prevail in arbitration.
    
    Fees
    
    My responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if my claim for damages does not exceed $75,000, Ilant Medical will pay all such fees unless the arbitrator finds that either the substance of my claim or the relief sought in my Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
    
    Changes 
    
    Notwithstanding anything to the contrary in this Agreement, if Ilant Medical changes this “Dispute Resolution” section after the date I accepted this Agreement or access Services, I may reject any such change by sending written notice (including by email to info@ilanthealth.com) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of this Agreement or in the date of the email notifying me of such change. By rejecting any change, I am agreeing that I will arbitrate any Dispute between myself and Ilant Medical in accordance with the provisions of this “Dispute Resolution” section as of the date I accepted this Agreement, or accessed Ilant Services.

By checking the box, I confirm that I have read, understand, and agree to the terms of this Patient Agreement.