Terms and Conditions - Newman MD LifeCare, Inc
Last updated May 7, 2021
The Private Practice-Patient Agreement (“Agreement”) governs your use of the services, including the Telemedicine Services described in more detail below (“Services”) provided by Newman MD Lifecare, Inc, a California professional corporation, (“Practice”). Please read the Services Terms carefully before using the Services. By using the Services, including the Telemedicine Services, you agree to be bound by these Terms. If you are accepting these Services Terms for another person (“Family Member”) as such Family Member’s guardian, conservator, or custodian, and as parent of a minor child Family Member, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. Patient and Practice are referred to individually as “Party” or collectively as “Parties”.
Please refer to our Privacy Notice to learn how Newman MD LifeCare collects, uses, shares and protects your Protected Health Information.
SUBSCRIPTION MEDICAL PRACTICE EXPLAINED:
Practice’s Services include voluntary subscription offerings that Patient subscribes to in exchange for Patient paying private fees directly to Practice. These Services exceed or are beyond those covered by Patient’s Medicare, Medicaid or private health insurance plan (“Plan”).
SERVICES AND BENEFITS:
In exchange for the subscription Program Fees (defined below), Practice will make available to Patient the Services outlined in Schedule “A.” Practice reserves the right to update the schedule of Services from time to time, and if it does, it will notify Patient of any changes within thirty (30) days after a change is made and secure Patient’s voluntary consent to any such modification of Services.
HEALTH CARE SERVICES THAT ARE EXCLUDED FROM ANNUAL PRACTICE FEE:
The Program Fees cover only the Services subscribed to the Patient by the Practice. If Practice provides services other than the Services listed in Schedule “A” then Patient and Practice may mutually agree upon any additional charges, if any, to the extent the Patient’s Plan does not cover those services. Patient acknowledges that either Patient or Patient’s Plan will be responsible for these additional charges. Any charges to Patient for any services outside of Plan coverage will be at our usual, reasonable and customary rates and consented to in advance by Patient before any such charge is incurred.
SCHEDULE “A”
1. Annual Routine Examination Practice will provide Patient with a comprehensive annual diagnostic physical examination that is delivered regardless of medical necessity or condition (“Annual Exam”) to identify health conditions requiring care, and to create a baseline of health information and health-related goals to assist Practice with providing Patient annual health goal support and education. The Annual Exam will integrate lifestyle, nutrition, fitness, and other related information provided by Patient, and create specific health goals for the year based on the Annual Exam.
2. Health Data Communications & Storage Subscription Plan Practice will provide Patient subscription access to Practice’s online health data storage and communication facilitation platform plan, which will allow and empower Patient to interact with Practice via electronic communication regarding Annual Exam health data-based guidance, education and support (“Health Data Plan”). Health Data Plan services include ongoing electronic communication exchanges with Patient to secure Annual Exam-related health data updates, to provide related health education and support.
1. Updates to the Services Terms
We may modify these Services Terms from time to time. We will notify you of material changes by posting the amended terms on the Newman MD LifeCare website at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Services Terms by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the change. If you continue using the Services after the effective date, you will be bound by the updated Services Terms.
2. Your Financial Responsibility; Program Fees
For the Services, the subscribing Patient will pay voluntary subscription fees (“Program Fees”) as indicated for the programs selected by Patient from the Services offerings in Schedule “A.” The Program Fees cover the program Services selected by Patient for a period of twelve (12) months from the date Patient signs this Agreement, and may be payable on an annual basis. The Program Fees may increase from time to time with the voluntary consent in advance by the Patient, but will apply to renewal terms. In the event of Program Fees increases, Patient will receive notification in writing and the option of consenting to such increase. With the delivery of the Schedule “A” Annual Exam, the Program Fees will be deemed substantially earned.
PAYMENT OPTIONS
The Program Fees can be paid with either a check or credit card. Please make checks payable to: Newman MD Lifecare, Inc, a California professional corporation. If the Patient is offered by Newman MD LifeCare a quarterly or biannual payment option and does not make the initial payment with a check, please submit a voided check so that automatic (“ACH”) withdrawals can be set up. If Patient is paying quarterly or bi annually, the ACH withdrawal will be established for the next payment to be withdrawn by the 1st or the 15th of the respective month due. When you agree to pay Newman MD LifeCare all applicable charges, you authorize Newman MD LifeCare to charge your chosen payment method (your “Payment Method”) for the Services provided to you or your Covered Family Member. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. The third party services provider who manages your Payment Method may impose terms and conditions on you, which are independent of these Services Terms, and you agree to comply with all of those terms. Newman MD LIfeCare may accumulate charges that you’ve incurred for the Services and submit them as one or more aggregate charges during or at the end of each billing cycle. Newman MD LifeCare reserves the right to correct any billing errors or mistakes even if payment has already been requested or received.
3. Appointments and Scheduling: Missed/Late Cancellation
Appointments with Practice are scheduled through the Practice office to ensure ample time is given to each Patient. If Patient has an urgent concern, Patient shall call Practice office and Patient will be given an appointment that will accommodate the urgency. The Practice patient schedule is organized in such a way that it provides and protects extensive time for each Patient. Walk-ins are not conducive to the thoughtfully planned schedule, so Practice advises Patient to call for any needs that require Patient to have time with Practice physician.
You understand and agree that if you do not show for your appointment or you cancel your appointment with less than 24 hours’ notice, the Practice reserves the right to charge you a fee for a missed/late cancelled appointment.
4. Medicare
If Patient is or becomes Medicare eligible, Patient acknowledges that Practice is a participating Medicare provide and pursuant to applicable federal regulations Practice will submit reimbursement claims to Medicare for all Medicare-covered services provided to Patient by Practice. Patient shall not submit to Medicare any claim for payment of Program Fees or request that Practice submit such a claim. Patient acknowledges and understands that Medicare will not pay for the Services referenced in Schedule “A.”
You understand and agree that as part of providing Medical Services to you, your Protected Health Information (as defined by HIPAA), including test results, may be released to an online personal health record and via communication with Newman MD LifeCare electronically (in accordance with our Notice of HIPAA Privacy Practices).
5. Renewals and Termination
The Program Fees cover the availability of the Services selected by and subscribed to by Patient for a period of one (1) year, with a three (3) month minimum subscription. Patient will be automatically renewed for enrollment into Practice each year unless Practice receives written notice from Patient of withdrawal from Practice thirty (30) days prior to Patient’s renewal date. Failure to pay the renewal Program Fees before the expiration of the prior period may result in termination of enrollment in Practice. Practice is permitted to terminate this Agreement with thirty (30) days’ prior written notice, in which case, Patient will receive a prorated refund of the Program Fees. Patient is permitted to terminate this Agreement ninety (90) days after initial subscription, and thereafter with thirty (30) days’ written notice which includes Patient’s reason for termination, in order to receive a partially prorated refund of any unused Program Fees.
6. Compliance with Law
In establishing the Services programs, Practice intends to do so in compliance with all applicable laws. This Agreement shall be governed by and construed in accordance with the laws of the state where the practice is located, excluding choice-of-law principles. If there is a change of any law, regulation or rule, federal, state or local, which affects the Agreement or the activities of either Party under the Agreement, or any change in judicial or administrative interpretation of any such law, regulation or rule, this Agreement shall be deemed modified so as to remain in compliance with such laws.
7. Consent to Email Communications
If Patient wishes to communicate through email with Practice, Patient must be aware that email is not a secure medium for sending or receiving sensitive personal health information. Practice will take steps to keep Patient’s communications confidential and secure. Patient acknowledges and understands that email is not a good medium for urgent or time-sensitive communications. In the event the communication is time sensitive, Patient must communicate with Practice by telephone or in person. Please refer to the separate Electronic Communications Agreement for further applicable details in this regard, which is incorporated by this reference.
8. Vacations and Illness for Practice Physicians
Patient acknowledges that there may be times that Patient cannot contact a Practice physician due to the physician’s vacations or illness, or due to technical defects with either Patient’s or Practice’s electronic communication equipment. Patient acknowledges that, should a Practice physician become unavailable, Practice shall make every effort to give advance notice to Patient so that Services can be scheduled on another date. In cases of emergency, contact information for a covering physician provider will be offered.
9. Telemedicine
You give permission to Newman MD LifeCare and the Telemedicine Services Providers to record and process your personal details and medical data. You may withdraw these permissions at any time by no longer seeking Telemedicine care from Newman MD LifeCare.
“Telemedicine” is the delivery of healthcare services using technology when the healthcare provider and patient are not in the same physical location, and/or the virtual delivery of healthcare services, including by a medical provider or via digital or automated tools, including without limitation tools for medical or health-related diagnosis and treatment. The Telemedicine Services may be used for diagnosis, treatment, care, follow-up and/or patient education, and may include, without limitation, the following: electronic transmission of patient medical records, medical images, and/or other patient data or information; synchronous (i.e., “real time”) and asynchronous (i.e., non-“real time”) interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to healthcare or medical matters; and output, transmission or exchange of data from medical devices, sound and video files. Further, you understand that it may be possible that your condition cannot be treated via the Telehealth Services, or that information transmitted through the Telehealth Services may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate medical decision making. Accordingly, you may be required to seek additional in-person medical care, alternative healthcare or emergency services. If your health or medical problem or condition persists after use of Telemedicine Services, you will immediately contact your medical services provider and seek appropriate additional in-person medical care or emergency care, as appropriate.
10. Practice is Not an Insurer
Practice is not an insurance company and is not promising unlimited care for the Program Fees. Practice presumes that Patient is either eligible for Medicare, or otherwise has a private Plan that provides health care coverage for essential healthcare services not covered by Practice Fee.
11. Disclaimers/Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, EXCEPT IN CASE OF NEGLIGENCE OR WILLFUL MISCONDUCT, WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR INABILITY TO USE THE SERVICES.
The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION THOSE RELATING TO LOST PROFITS OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE MEDICAL SERVICES OR FROM THE USE OF OR INABILITY TO USE THE MEDICAL SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
12. General Provisions
We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We may change, suspend, or discontinue any of our partnerships, including health system partnerships, at any time. We will provide you with notices of such changes as applicable.
You may not transfer any of your rights or obligations under these Services terms to anyone else without our consent. Newman MD LifeCare may assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Even after termination, these Services terms will remain in effect such that all terms that by their nature may survive termination.
If you have any questions about these Services terms, please contact admin@newmanlifecare.com
