Purpose
To establish the legal terms and conditions that govern the use of your organization’s website, patient portals, or other platforms that interact with clients, caregivers, subcontractors, or any other third parties under the CLASS Waiver or related Texas HHS programs.

3.1 Acceptance of Terms

• Binding Agreement: Specify that by using the site or services, the user agrees to these TOS.

• Eligibility: Clarify who can use the site/services (e.g., must be a CLASS Waiver participant, caregiver, authorized provider, or otherwise comply with HHSC guidelines).

3.2 Description of Services

• Services Provided: Outline the nature of services (e.g., scheduling, telehealth, claims submissions via TMHP interface).

• Disclaimer: Include disclaimers that the TOS do not replace professional medical advice or any required HHSC or Medicaid program guidelines.

3.3 User Responsibilities

• Accurate Information: Users must provide accurate and up-to-date information when using the site or services.

• Privacy & Security: Users agree to respect privacy/confidentiality laws, not share login credentials, etc.

• Prohibited Activities: List activities that violate HIPAA, confidentiality rules, or your security policies (e.g., unauthorized access, tampering with data, malicious software uploads).

3.4 Intellectual Property

• Ownership: Identify that your organization or its licensors retain all IP rights to site content (logos, images, text).

• License: Provide a limited license for the user to access and use the site for authorized purposes only (e.g., CLASS Waiver services, claims, etc.).

3.5 Limitation of Liability

• No Warranty: State that services and information are provided “as is.”

• Liability Limits: Limit your organization’s liability to the extent permitted by state law and your DUA with HHSC.

• Indemnification: If relevant, users agree to indemnify the organization for any misuse of the platform that leads to violations of law or third-party rights.

3.6 Changes to Terms

• Notice: Indicate how and when you will notify users of updates (e.g., notice on the homepage, email communication).

• Effective Date: Provide an effective date for all TOS changes.

• User Responsibility: Continued use of the service after the effective date implies consent to updated terms.

3.7 Governing Law & Dispute Resolution

• Jurisdiction: Typically references the laws of the State of Texas.

• Dispute Resolution: Outline mediation or arbitration procedures, if applicable.

3.8 Contact Information

• Where to Ask Questions or File Complaints: Provide a mailing address, email, or phone number for concerns related to TOS, privacy, or security issues.

• Regulatory Contacts: Optionally, include references to how to file a complaint with HHSC or the U.S. Department of Health & Human Services if users believe their privacy rights have been violated.