URAC WS 2 -- Disclosure: Services, Uses, Limitations, and Rights

This mandatory standard reads as follows:

The Web site discloses to users in plain language:
(Primary)
(a) The specific services it provides, such as health content, connectivity, service delivery, personal health management, and/or commerce; (Secondary)
(b) Terms and conditions regarding the provision of services; (Secondary)
(c) Appropriate uses and limitations of those services including limitations (if any) on (Primary)
(i) providing health advice to users; and (Primary)
(ii) emergency health situations; and (Primary)
(d) The rights and responsibilities of users and other participants. (Secondary)

The heart of this standard is subsection (c), which is where the only primary elements in this standard are found.  This reflects URAC's persistent concern with consumer safety, reflected in the requirement that the mandatory disclosure highlight appropriate uses and limitations on the Web site's services, particularly around health advice and emergency health care.  In fact, URAC is quite clear that the "intent of WS 2 (c) (i) is to include a disclaimer so that users know the information is not intended to replace the evaluation of a health care professional."

Documentation required for this standard includes not only the URL of the disclosure page(s), but policies and procedures that institutionalize this disclosure requirement.  This falls under the category of "don't just do it right, but also have a P&P that requires that you do it right" that I wrote about in this post. 

URAC provides a great deal of interpretive information for this standard, reflecting the importance URAC places on disclosure about the Web site's services.  While we encourage a close reading of all the interpretive information for this standard, among the most important of these tips are:

• When medical or health services are supplied through a site, it is prudent and in some cases legally necessary for the site to require users to acknowledge the terms and conditions of the services provided (opt-in). Frequently this is achieved by the user clicking on an “I have read and agreed to the terms” button prior to accessing the service.
• URAC requires explicit opt-in prior to the collection and use of personal health information (PHI). URAC’s Health Website Standards do not require users to formally acknowledge the site’s terms and conditions prior to accessing non-PHI related services.
• Sites should pay close attention to adequately describing the terms and conditions of synchronous and asynchronous interactions between users and licensed medical professionals. Examples of these interactions are forums/community boards and “Ask A Doctor” services.
• Ideally, the link to T&C should be conspicuous and appear on all pages as a persistent link within the overall site template. Applicants should also provide additional links to disclosures about tools, services and information collection where applicable.