NYIAP ADMIN PORTAL TERMS OF SERVICE
Welcome to the New York Independent Assessor Program (“NYIAP”) vendor administrative portal (the “Admin Portal”). In this area of the NYIAP website (the “Site”), staffing vendors and clinicians can manage their schedules and appointment information. Before continuing, however, users of the Admin Portal must review the terms and disclaimers below carefully.
THIS PAGE (CALLED THE “ADMIN PORTAL TERMS OF SERVICE” OR THE “TERMS”) CONTAINS IMPORTANT TERMS AND DISCLAIMERS THAT USERS OF THE ADMIN PORTAL MUST UNDERSTAND AND FOLLOW. THESE ADMIN PORTAL TERMS OF SERVICE FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU, AS A USER OF THE FEATURES AND CAPABILITIES AVAILABLE VIA THE ADMIN PORTAL (THE “SERVICES”), AND MAXIMUS HEALTH SERVICES, INC. (“MAXIMUS”), THE ENTITY OPERATING THE ADMIN PORTAL ON BEHALF OF THE NEW YORK STATE DEPARTMENT OF HEALTH.
BY CLICKING “ACCEPT” AND/OR USING THE ADMIN PORTAL OR ITS FEATURES, YOU AGREE TO BE BOUND BY THE TERMS. YOU MUST NOT ACCESS OR USE THIS AREA OF THE SITE OR THE ADMIN PORTAL IF YOU DO NOT AGREE WITH OR ACCEPT THESE TERMS.
GENERAL
Changes to the Terms. Maximus (“we” or “us”) reserves the right to modify these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. The date these Terms were last revised is identified at the top of this page, and we will also post notices of any modifications hereto. You are responsible for periodically visiting this page to check for any changes to these Terms. Your continued use of the Services following the posting of modified Terms means that you accept and agree to the changes. If you do not agree to the modified Terms, your only remedy is to discontinue use of the Admin Portal and the Services.
Who May Use the Services. You must be at least 18 years of age, or the age of majority as that is defined in your jurisdiction, whichever is older, to use the Services. By accessing the Admin Portal, using the Services or accepting these Terms, you represent and warrant to us that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to us that you will use the Services in a manner consistent with any and all applicable laws and regulations. If we discover that a user under 18 years of age is using the Admin Portal, we will terminate such user’s access to the Admin Portal.
Your Use of the Services. We authorize you to view and access the content available via the Admin Portal solely for your personal, non-commercial use. The contents of the Admin Portal, such as text, graphics, and other Maximus or NYIAP content (collectively, "Content"), are protected under both United States and foreign copyright, trademark and other laws. All Content is the property of Maximus, NYIAP, or their content suppliers, licensors, or affiliates. Any trademarks appearing on the Admin Portal are the property of their respective owners.
You may not use the Services in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is false, deceptive, defamatory, obscene, offensive, abusive, harassing, threatening, violent, hateful, inflammatory, or otherwise objectionable.
You agree not to impersonate any person or entity in your use of the Services. You further agree not to use the Admin Portal or Services in any manner that could damage, disable, overburden, or impair them nor interfere with any other party's use and enjoyment of the Admin Portal or Services. You may not obtain, use or access, nor attempt to obtain, use or access, any Content or information through any means not intentionally made publicly available through the Admin Portal or Services.
Monitoring and Enforcement. We have the right, but not the obligation, to review material made available via the Admin Portal and to monitor users’ use of the Services. We reserve the right to suspend or terminate your access to the Admin Portal and Services for any or no reason in our sole discretion, including without limitation, any violation of these Admin Portal Terms of Service.
Privacy. We respect your privacy and will treat the personal information you provide to us, including information you may provide when creating an account or uploading documentation, as confidential. For more details about the information we collect in connection with the Services, how we use it, and your rights in connection with such information collection, please refer to NYIAP’s Privacy Statement. By using the Services, you consent to the terms of NYIAP’s Privacy Statement.
Feedback. We welcome your feedback on the Admin Portal and the Services. If you transmit any communications or materials to us via the Admin Portal or otherwise, suggesting or recommending changes to the Admin Portal and/or the Services, including without limitation new features or functionality relating thereto, or any comments, questions, or the like (“Feedback”), you hereby assign to us all right, title and interest in such Feedback. We are free to use such Feedback without compensation or attribution to you, though we are not required to use such Feedback.
ADMIN PORTAL CAPABILITIES
Please familiarize yourself with the capabilities and features of the Admin Portal below, taking note of the relevant terms and disclaimers accompanying each capability.
Viewing and Modifying Availability. If you are a clinician or an Agency Nurse, you will be able to select the time slots when you are available for appointments as well as whether you prefer Telehealth or in-person appointments. If you are a staffing vendor, you will be able to view the availability of your employee clinicians and Nurses. Clinicians, Agency Nurses, and staffing vendors will also be able to modify availability already loaded into the Admin Portal.
Schedule and Time Entry Approval. Through the Admin Portal, Clinical managers will have the ability to review and approve schedules, including time off requests, submitted by clinicians, and nurse managers will have the ability to review and approve schedules, including time off requests, submitted by Agency Nurses, before such schedules become effective. Clinicians and Agency Nurses will also be able to use the Admin Portal to enter their time, which clinical and nurse managers will be able to review and approve.
Removal and Reassignment. Staffing vendors and clinical managers with the necessary authorization will be able to change the status of individual clinicians to “inactive,” or remove clinicians from the Admin Portal altogether. Upon such status change or removal, the system will automatically reassign that clinician’s schedule to another clinician or redistribute among several clinicians as needed.
Managing Information. If you are a clinician, you will be able to view and manage only your own appointment information. If you are a clinical manager or staffing vendor, you will be able to view and manage the information and schedules of multiple clinicians; however, you will not have access to patient information when viewing existing clinician appointments.
LEGAL
Disclaimer of Warranties. The Admin Portal and Services may include content, software, and websites provided by one or more third parties (“Third-Party Resource(s)”). No warranty is made with respect to such third-party content, and we take no responsibility for such Third-Party Resource(s). A link to a Third-Party Resource is not an endorsement of that site or service. Any use you make of the information provided via the Services, or via any third-party site or service linked to by the Services, is at your own risk.
WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THE SERVICES OR ANY LOSS OF INFORMATION OR DATA. THE SERVICES AND ALL CONTENT IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR PRACTICE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE HAVE ANY LIABILITY TO ANY PARTY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, ANY CONTENT ON OR ACCESSED THROUGH THE SERVICES OR ANY SITE OR SERVICE LINKED THEREFROM, OR ANY COPYING, DISPLAYING, OR USE THEREOF, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA); OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF $100 U.S. DOLLARS OR THE AMOUNT YOU HAVE PAID IN CONNECTION WITH THE SERVICES, IF ANY. THE FOREGOING WILL APPLY WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify, and hold harmless Maximus, NYIAP and their respective affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Admin Portal and/or Services, or your use of any information obtained via the Services.
Miscellaneous. Any failure by us to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. You agree that these Terms and any legal action or proceeding relating to these Terms or the Services shall be governed by the laws of state of New York without reference to its choice of law rules. If you attempt to bring any legal proceedings against Maximus or NYIAP, you specifically acknowledge that the state and federal courts of New York shall be the exclusive venue for any such proceedings. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. We may assign our rights and obligations under these Terms, without notice to you, to (a) any of our affiliates or (b) successors in interest. These Terms may not be assigned by you without our prior written consent.
Contact Us. Should you have any questions or concerns about these Terms or about the Admin Portal, please contact us by:
Telephone: 1-855-222-8350 (TTY: 1-888-329-1541)
Mail: New York Medicaid Choice
P.O. Box 5016
New York, NY 10274
Email: PrivacyOfficial@Maximus.com