To Become Our Patient

BCDiabetes Client User Agreement

Dr. T.G. Elliott Inc. (dba “BCDiabetes”, hereafter BCDiabetes) is a Healthcare organization, Coordination Service Provider (hereafter “CSP”) and Technology Provider (hereafter “TP”). This document describes what you can expect from BCDiabetes and what it expects from you. This document outlines how your CSP & TP will treat your information and what it will do when you use its products, services that help you coordinate your care.

Coordination Service Provider User Agreement

The BCDiabetes CSP service User License agreement describes how the BCDiabetes CSP service treats personal information when you use its product, a service that helps you store and organize your personal health information.

You are in control of your information

You control who can access your personal health information. Your CSP will not sell, rent, or share your information without your explicit consent, except where required by law.

BCDiabetes CSP Services

BCDiabetes is primarily a diabetes CSP (it is also an endocrinology & general medicine CSP). Your CSP coordinates, reviews, and recommends care options to allow you and your Care Providers to improve your patient outcomes. Your CSP does this through an integrated Continuous Quality Improvement (CQI) program, a form of ongoing never-ending clinical trial designed to advance your health. By using this service, you agree to participate in the CQI program - one which will make intervention recommendations to you and your care provider. The recommendations do not necessarily constitute medical advances, rather they constitute potential advances - the recommendations should not be followed without them first being discussed with your physician. For example, these recommendations could include requests for lifestyle intervention, recommendations for alternate prescriptions, or requests to consider enrollment in specific clinical trials.

Your CSP periodically monitors and publishes and we may use data from your account as part of an aggregated data set (e.g., the system has helped lower the A1c of its patients by an average of 0.8 in 6 months). These aggregated data sets do not contain your Personal Information, but are part of how the service will communicate (including recommendations) with you and your Care Providers.

Your CSP does not provide information technology services - these are provided by parties contracted to the CSP.

How the CSP uses your information

For the purposes of offering the service, the CSP, and its staff and employees will need access to your data. This may include updating (for example, sharing recommendations to improve your care), reading (for example, to determine what interventions could improve your care), aggregating (for example, to determine the aggregate effectiveness of certain interventions), and indexing (for example, comparing your data to targets set by the QI program, you, or your Care Providers for overall success scoring). By agreeing to this EULA, you allow the CSP, and its staff and employees to access your data in the aforementioned ways.

Your CSP periodically monitors and publishes and we may use data from your account as part of an aggregated data set (e.g., the system has helped lower the A1c of its patients by an average of 0.8 in 6 months). These aggregated data sets do not contain your Personal Information, but are part of how the service will communicate (including recommendations) with you and your Care Providers.

Your CSP’s Responsibilities

Your CSP does everything business reasonable in its power to secure your information which includes ensuring all staff and contractors have signed agreements which require them to respect the corporate policies of your CSP. However, your CSP cannot be held responsible for any breach not directly associated with its gross negligence and you agree to indemnify your CSP for any data breach not directly associated with its gross negligence.

User Responsibilities

You agree to work with your CSP in good faith and use all systems for their intended purpose: to coordinate health resources to improve your health. You agree not to use it for unintended purposes which include any bad faith action against your CSP or its staff or service providers. Though your CSP vets the information use, health service and privacy policies of our partners, we encourage you to vet them for your own comfort as well. As BCDiabetes’s ability to improve your care depends so significantly on the technology platform, we require that you the agreement of this provider. By accepting this CSP User Agreement, you also accept the technology provider’s agreement.

Technology Provider User Agreement

The BCDiabetes Technology Provider (TP) service User License agreement describes how the BCDiabetes TP service treats personal information when you use its product, a service that helps you store and organize your personal health information.

You are in control of your information

You control who can access your personal health information. The BCDiabetes TP service will not sell, rent, or share your information without your explicit consent, except where required by law.

How the BCDiabetes TP service uses your information

To store your information in the BCDiabetes TP service, you will need an account. the BCDiabetes TP service asks for a password, which, in conjunction with your username (and alias, if applicable) is used to protect your account from unauthorized access.

For the purposes of offering the BCDiabetes TP service, BCDiabetes staff and employees will need access to your data. This may include updating (for example, to let newly developed data be presented in a useful way, or linking feeds to your data), reading (for example, to investigate inquiries by you or your Care Providers about potential errors in transmission or encoding), copying (for example, to backup the site), aggregating (for example, to determine the aggregate effectiveness of certain interventions), and indexing (for example, comparing your data to targets set by you or your Care Providers for overall success scoring). By agreeing to this EULA, you allow the BCDiabetes TP service, and its staff and employees to access your data.

Our servers automatically record log information about your use of the BCDiabetes TP service. This information is temporarily stored in association with your account. The log information will be used to operate & improve the service.

The BCDiabetes TP service periodically monitors and publishes and we may use data from your account as part of an aggregated data set (e.g., the system has helped lower the A1C measure of its patients by an average of 0.8 in 6 months). These aggregated data sets do not contain your Personal Information, but are part of how the service will communicate (including recommendations) with you and your Care Providers.

Certain features (available now or that we might develop in the future) of the BCDiabetes TP service can be used in conjunction with other services (e.g. Excelleris Lab Systems, PharmaNet, Abbott Libreview, Dexcom Clarity), and those features may share record log information in their own way. By using the BCDiabetes TP service, you authorize us to request your information from them on your behalf for the exclusive purpose of loading it into your BCDiabetes TP service portal account and delivery of the BCDiabetes TP service services.

Sharing your information with people and services you trust

If you share your information with others, you can view a list of who has access to your information and you can revoke sharing privileges at any time. When you revoke someone’s ability to read your health information, that party will no longer be able to read your information, but may have already seen or may retain a copy of the information.

The BCDiabetes TP service contains links to third-party service providers capable of sending information to the BCDiabetes TP service. These providers (which may include your medical providers) may provide information about certain medical conditions or extend the functions of the BCDiabetes TP service in other ways (e.g. lab information presentation). By creating an account with the BCDiabetes TP service, you give them permission to send your information such as medical records, prescription histories, or test reports to your BCDiabetes TP service account.

If a service provider accesses your health information and stores a copy of your information, that copy will be governed by that service provider's privacy policy. Others at that facility – like an on-call doctor – may be able to view your information. The BCDiabetes TP service is not responsible and cannot be held liable for the content, performance, or privacy policies of third-party service providers.

The BCDiabetes Technology Provider Service

The BCDiabetes Technology Provider (TP) service does not provide medical services - these services are provided by physicians contracted to the BCDiabetes TP service. Signing up with the BCDiabetes TP service does not constitute the creation of a physician-patient relationship with any individual physician (the medical director or other physicians) who provides medical services to the BCDiabetes TP service. You create a physician patient relationship with the physicians you encounter using the service.

The BCDiabetes TP service tries to coordinate medical information to allow you and your Care Providers to improve your patient outcomes. One of the specific services provided by the BCDiabetes TP is the BCDiabetes CGM (Continuous Glucose Monitor) Service:

CGM Service: The BCDiabetes CGM service enables BCDiabetes staff to remotely access your interstitial glucose values. This service is dependent on flawless functioning of hardware (sensor, transmitter, smartphone/pad/desktop), software (CGM provider app, CGM provider cloud, Nightscout or CGM transmission other service) and internet connectivity. The BCDiabetes CGM service helps facilitate virtual care, removing the need for in-person access to BCDiabetes when it may be inconvenient or impossible to attend in-person for such a visit. The CGM service is not a notification service for diagnostic, therapeutic, and preventive applications relating to diabetes mellitus. It is a technological tool designed to empower your and your care-team in managing your diabetes remotely. By consenting to this document, you agree to share your CGM data feed with the BCDiabetes care team and to permit the data transfer necessary for the seamless functioning of the BCDiabetes CGM service.

While the BCDiabetes CGM service technically provides BCDiabetes staff, contractors and other non-BCDiabetes members of your care team 24/7 access to your interstitial glucose values, the BCDiabetes CGM service does not provide after-hours coverage, or coverage at any time other than at the time of appointments, either pre-booked or spontaneous. You explicitly acknowledge that you will not expect review, and advice, including emergency advice relating to your CGM values (including high and low alarms) at any time other than at the time of appointments. You hereby indemnify BCDiabetes staff & contractors from any liability accruing from hypoglycemic or hyperglycemic events occurring while enrolled in the BCDiabetes CGM service, other than that relating to negligence with respect to the delivery of good clinical practice of diabetology care by BCDiabetes staff and contractors.

Virtual Care: BCDiabetes TP service facilitates virtual care using Zoom and other forms of video conferencing, email, phone, text messaging/instant messaging, social media chat, and website portal. There are risks inherent in using virtual care tools. BCDiabetes staff will use reasonable means to protect the security and confidentiality of information sent and received using the virtual care services (defined below). However, because of the risks outlined below, the BCDiabetes staff cannot guarantee the security and confidentiality of all virtual care tools:

The BCDiabetes TP service’s Responsibilities

The BCDiabetes TP service does everything business reasonable in its power to secure your information which includes ensuring all staff and contractors have signed agreements which require them to respect the corporate policies of the BCDiabetes TP service and ensuring technology assets are secured with industry best practices. However, the BCDiabetes TP service cannot be held responsible for any data breach not directly associated with its gross negligence and you agree to indemnify the BCDiabetes TP service for any data breach not directly associated with its gross negligence.

User Responsibilities - acknowledgement and agreement

You agree to use the system for its intended purpose: to coordinate information sharing to improve your health. You agree not to use it for unintended purposes which include but are not limited to damaging or reverse engineering the security infrastructure and copying the system. You agree to keep your login credentials secure.

Governing Law and Jurisdiction Agreement

Governing Law

You hereby agree that:

  1. all aspects of the relationship between you and BCDiabetes (as well as her/his agents, delegates, employees, and any physicians and other independent healthcare practitioners providing medical or other healthcare and treatment to you), or in association with BCDiabetes including without limitation any medical or other healthcare and treatment provided to you, and
  2. the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with this Agreement, shall be governed by and construed in accordance with the laws of the province of British Columbia (other than conflict of laws rules) and the laws of Canada applicable therein.

Exclusive Jurisdiction

You hereby acknowledge that the medical or other healthcare and treatment received by you from BCDiabetes, whether in-person or virtual/telehealth will be considered to have been provided in the province of British Columbia, and that the Courts of British Columbia shall have exclusive jurisdiction to hear any complaint, demand, claim, proceeding or cause of action, whatsoever arising from or in connection with that medical or other healthcare and treatment, or from any other aspect of the relationship between you and BCDiabetes.

Non-Canadian resident acknowledgement that similar care not readily available in home country

BCDiabetes wishes to make available the same diabetes expertise and care available to Canadians to non-Canadian residents. BCDiabetes, at its discretion, may provide diabetes care to non-Canadian residents (including residents of the United States of America) that is not readily available in their country of residence. This care includes, but is not limited to the following: in-person and virtual support for open source artificial pancreas systems, remote CGM-based management and unique clinical trials. Non-Canadian residents hereby declare that the care & treatment they seek at BCDiabetes is not reasonably available in their country of residence.

For non-Canadian residents - Limitation of Liability Agreement

Liability insurance for Canadian physicians treating non-Canadian residents is limited in availability and expensive: BCDiabetes has secured liability insurance for treating non-Canadian residents however its policy allows for maximum liability of CAD$500,000 per instance. Non-Canadian residents hereby accept and acknowledge that the liability of BCDiabetes and its physicians shall be limited to CAD$500,000 per instance.

I have read and accept all conditions outlined above

Client User Agreement Revised on Jan 17th, 2023