Terms of Service

1. Introduction

Welcome to AccuMed BPO. These Terms of Service ("Terms") govern your access to and use of the AccuMed BPO website (https://www.accumedbpo.com) and the medical billing, coding, and revenue cycle management services (collectively, the "Services") we provide.

2. Definitions

• "We," "Us," "Our" refers to AccuMed BPO.
• "You," "Your," "Client" refers to the individual, medical practice, clinic, or healthcare provider entity using our Services.
• "Patient Data" refers to all protected health information (PHI) and personally identifiable information (PII) that you provide to us for the purpose of providing the Services, as defined by the Health Insurance Portability and Accountability Act (HIPAA) and other applicable laws.
• "Service Agreement" refers to a separate, signed agreement between you and AccuMed BPO that outlines the specific scope of work, fees, and other engagement details.

3. Services Description

AccuMed BPO provides expert medical billing, coding, claims processing, payment posting, denial management, and revenue cycle management services. The specific services to be rendered will be detailed in a separate Service Agreement or Statement of Work (SOW) that will be executed between you and AccuMed BPO. These Terms form the foundational legal framework for any such agreement.

4. Client Responsibilities

To enable us to perform our Services effectively, you agree to:

1. Accurate Information: Provide complete, accurate, and truthful information about your practice and authorized users.
2. Timely Access: Grant us necessary and secure access to your practice management system, EHR/EMR, and insurance portals as required.
3. Data Provision: Provide all necessary Patient Data, encounter forms, and supporting documentation (e.g., medical records) in a timely and secure manner for claim processing.
4. Cooperation: Designate a point of contact for communication and cooperate with our team to resolve issues promptly.
5. Compliance: Ensure that the Patient Data you provide to us was collected and shared with us in compliance with all applicable laws, including HIPAA, and that you have obtained all necessary patient consents and authorizations.

5. HIPAA and Data Security

The security and confidentiality of Patient Data is our highest priority.

1. Business Associate Agreement (BAA): Prior to receiving any PHI, we will enter into a HIPAA-compliant Business Associate Agreement (BAA) with you. The BAA is a crucial part of these Terms and outlines our respective obligations for protecting PHI.
2. Safeguards: We will implement and maintain appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of all Patient Data we receive, in full compliance with HIPAA regulations.
3. Breach Notification: We agree to report any breach of unsecured PHI as required by the HIPAA Breach Notification Rule and our BAA.

6. Fees and Payment Terms

1. Fees: Our fees will be structured as outlined in your specific Service Agreement. This is typically a percentage of collections or a flat fee per claim. All fees will be explicitly stated and agreed upon in writing before services commence.
2. Invoicing: We will invoice you on a monthly basis for services rendered.
3. Payment: Invoices are due within 15 days of receipt. Late payments may be subject to interest charges of 1.5% per month or the maximum rate allowed by law.
4. Taxes: You are responsible for paying all applicable taxes related to the Services.

7. Intellectual Property

1. Our IP: All intellectual property rights in our software, processes, technology, website content, and know-how ("AccuMed BPO IP") remain our sole and exclusive property.
2. Your Data: All Patient Data and your practice's proprietary information remain your sole and exclusive property. We acquire no right, title, or interest in your data except for the limited license to use it to provide the Services.

8. Confidentiality

Both parties agree to hold each other's confidential information in strict confidence and not to use or disclose it except as necessary to perform under these Terms or as required by law. Confidential information includes, but is not limited to, business practices, pricing, and Patient Data.

9. Disclaimer of Warranties & Limitation of Liability

1. "As Is" Service: OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. No Guarantee: While we employ industry best practices, WE DO NOT GUARANTEE THAT WE WILL COLLECT 100% OF ALL REIMBURSEMENTS DUE OR THAT ALL CLAIMS WILL BE PAID. INSURANCE REIMBURSEMENT IS DEPENDENT ON PAYER POLICIES, PROVIDER CREDENTIALING, AND THE ACCURACY OF INFORMATION PROVIDED BY THE CLIENT.
3. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

10. Term and Termination

1. Term: These Terms will remain in effect until terminated as set forth below.
2. Termination for Cause: Either party may terminate these Terms and any accompanying Service Agreement for material breach by the other party if such breach is not cured within thirty (30) days' written notice.
3. Effect of Termination: Upon termination, we will cease all work, invoice you for all outstanding fees, and, at your direction and subject to the BAA, return or securely destroy all of your Patient Data.

11. Indemnification

You agree to indemnify and hold harmless AccuMed BPO, its owners, and employees from and against any and all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your negligence, or your violation of any applicable law, including HIPAA.

12. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising under these Terms shall be resolved through final and binding arbitration in Wilmington, Delaware.

13. Miscellaneous

1. Entire Agreement: These Terms, along with any signed Service Agreement and BAA, constitute the entire agreement between you and AccuMed BPO.
2. Modifications: We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the new Terms on our website. Your continued use of our Services after such changes constitutes acceptance of the new Terms.
3. Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
4. No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Contact Us

If you have any questions about these Terms of Service, please contact us at:

AccuMed BPO
Email: legal@accumedbpo.com