This Code of Conduct has been developed to provide a framework to assist Weva Certified Users in managing general user relationships in a cloud healthcare context, and to help prevent or deal with any disputes that they may have with their general users or employees of healthcare facilities that may involve to use of the Weva platform.
This Code does not attempt to answer every question or address every issue that may arise. Weva recognises that Weva Certified Users must act in the interests of their general users and may be subject to various professional standards. This Code is intended to supplement, and not detract from, those principles.
1.1. This Code of Conduct (Code) applies to Healthcare facilities, Healthcare practitioners and corporations that have accepted the Weva Healthcare Facility Certification Program Terms (Weva Certified Users).
1.2. In addition to helping Weva Certified Users manage general user relationships, this Code is intended to provide some guidance on promoting Weva to general users and joining the general user’s team.
2.1. Weva Certified Users play a key role in educating prospective general users about their options for setting up their healthcare record on Weva. Weva Certified Users should discuss and seek informed consent from their general users that includes the general nature of Weva’s Terms of Use prior to inviting them to Weva.
2.2. Weva Certified Users should provide materials to general users, which might be incorporated into a letter of engagement or other document, that cover the following matters:
a) a brief explanation on cloud computing services that involves the storage of files on remote servers operated by third parties located in the each country where Weva operates, in accordance with the local legislation on healthcare data storage and usage.
b) a brief explanation about Weva and the benefits of patient controlled medical record, including an explanation of the nature of user roles on Weva, and in particular that the General user has the ability to control future access rights to their medical record at anytime, make private any part of their medical record, add and remove any healthcare facility or healthcare practitioner.
c) a brief explanation that as part of any admission process the general user will be required to agree to add the healthcare facility and its personel to which they are being admitted to the general users team for duration of the admission. If the user removes the healthcare facility and its personel from their team during an admission this will be sent to the facility as a request for discharge from that facility.
d) information as to how general users will be able to access, add to, edit their Weva data relating to their healthcare record.
e) a brief explanation about what happens if the general user moves from the healthcare facility to another and how the original facility retains the right to “view only” access of the general users data up to that time and date.
2.3. Weva Certified Users should make every effort to ensure that their employees, agents, and general users maintain sound information technology security practices, including, for example:
a) requiring staff and general users to use two-step authentication and multi-factor authentication within Weva;
b) implementing industry-standard measures such as appropriate password management practices and ensuring appropriate antivirus/malware software is in place;
c) seeking advice and reviews of security practices from time to time; and
d) taking advantage of guides and resources on IT security.
2.4. This clause 2 does not contain an exhaustive list of matters to be addressed with general users. Weva Certified Users should seek further advice from their professional associations in relation to requirements relating to the general user engagement process.
3.1. Weva Certified Users acknowledge and agree that any action to prevent or otherwise hinder any general user’s (where the Weva Certified User is on the general users team) ability to continue to access a complete and updated medical record general user’s access to their Weva subscription can cause disruption or loss to that general user and damage to Weva and the Weva brand.
3.2. Weva Certified Users acknowledge and agree that causing disruption or loss to a general user, as described in clause 3.1 (that is, by limiting or denying access to the Weva Platform), is not acceptable
3.3. Weva Certified Users must refrain from any action in relation to a Weva subscription that would hinder any general user’s (where the Weva Certified User is on the general users team) ability to continue to access a complete and updated medical record; for example including refusal to update medical notes in order to secure payment from the general user.
4.1. Weva Certified Users must take reasonable action to cooperate and inform general users of their options, if they wish give access to their data to a new healthcare facility, including advice to the general user how to remove the current health care facility from the team and add the general user's new healthcare facility to the team.
5.1. Weva expects that its Weva Certified Users will observe and comply with this Code and that, in doing so, Weva Certified Users will be able to more effectively help their general users to use Weva in the most efficient way.
5.2. Where Weva becomes aware of a dispute between a Healthcare facility and a general user, Weva expects the parties will be able to resolve the dispute directly between themselves (particularly if the above guidance is followed), which may involve alternative dispute or formal dispute resolution mechanisms.
5.3. Weva will endeavour to accommodate any agreed outcomes of dispute resolution processes, provided that such outcomes are reasonable and otherwise consistent with the Weva platform and Weva Terms of Use. In the event that any parties are not able to resolve their dispute privately, Weva will comply with an order from a court that has jurisdiction to hear the matter under Weva’s Terms of Use. In some cases, Weva may be unable to take any action in the absence of a court order or mutual agreement of the parties.
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