CPT copyright 2007 American Medical
Association. All rights reserved. Fee
schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. CPT is a registered trademark of the American Medical Association. Applicable FARS/DFARS Restrictions Apply to Government Use
Applicable Laws - This
website (excluding linked sites) is controlled
by Precision Practice Management, Inc.
("Precision") from its offices within the State
of Missouri, United States of America. It can be
accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Missouri, by accessing this website both you and Precision agree that the statutes and laws of the state of Missouri, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this website.
You and Precision also
agree and hereby submit to the exclusive
personal jurisdiction and venue of the Circuit
Court of Saint Louis County and the United
States District Court for the Eastern District
of Missouri with respect to such matters.
Precision makes no representation that materials
on this website are appropriate or available for
use in other locations, and accessing them from
territories where their contents are illegal is
prohibited. Those who choose to access this site
from other locations do so on their own
initiative and are responsible for compliance
with local laws.
Subscriber Agreement -
Please review this Subscriber Agreement in its
entirety before using Precision Practice
Management's products and services. This
is a binding agreement ("Agreement") between
Precision Practice Management, Inc.
("Precision", "We", "Us" or "Our") and our
clients ("You" or "Your"). This Agreement
governs your use of Precision's Web Site and our
practice management, medical billing, clinical EHR-EMR and Rx Writer software, including, without limitation, all content such as the current provider terminology as a licensee of the American Medical Association text, information, images, and audio (collectively, "Content") and all services ("Services") made available to you through the Precision Site (this Site and the Content and Services are collectively referred to herein as the "Site") by us and/or third parties.
By using Precision products and services (including all software products) you indicate your conclusive acceptance of this Agreement. You may only access and use Encite software if you agree to be bound by the terms and conditions stated in this Agreement. If you do not agree to the terms of this Agreement, please do not access or use this Site in any manner.
This agreement is nontransferable, nonexclusive and for the sole purpose of internal use by you and only within the United States and it's territories.
You understand that any
and all updated versions of the current
procedural terminology contained in this site
are wholly dependent on our contractual
relationship with the American Medical
Association. You understand that the
American Medical Association has the sole
copyright to the current procedural terminology
contained in the site. You understand that
the American Medical Association does not
endorse our product or services and is to be held harmless of any and all liability arising from any use (authorized or unauthorized) of this site or any breach of this Agreement.
You are prohibited from
using any and all information contained in the
Site in any public electronic bulletin board or
public computer based information system (including the internet and World Wide Web unless subject to the provisions of this Agreement). You are prohibited from publishing, copying, translating or transferring possession any part or all information from the Site. You are prohibited from creating derivative works based on any information contained in the Site and making said information available to any unauthorized party by selling, leasing or otherwise.
Precision may revise this Agreement at any time in its sole discretion.
Access. Encite
Billing Manager is Password Protected and will
be accessible by the designated Contact
identified on your Client Enrollment form and to
other users subsequently enrolled online
(collectively, "Users"). All User
information provided to us, including without
limitation the information on the Client
Enrollment Form and the Staff Enrollment
information entered, including subsequent
updates via the maintenance pages of the Site,
must be current, accurate, and complete. If we
at any time discover any error or omission in
the information you provide to us, we may, at
our option, terminate the right to access and
use the Site by any User. You are responsible
for the acts or omissions by your personnel's
use of the Site, and for any damages incurred by
you as a result thereof. Users must abide by the
Precision Web Site User Policy, as may be
amended from time to time by us at our sole
discretion. The current version of such policy
is posted on the Site in printable format, and is hereby incorporated herein by reference. You may be asked to accept additional terms and conditions prior to enrolling in or using certain additional Services. You acknowledge that the Encite software utilized by you will initially serialized and configured via a download onto your server(s) and computer PC(s) and that, from time to time, periodic updates will automatically be downloaded as well.
Security. To gain
access to, and to use Encite software requires
the use of a valid Username and Password.
Certain Services are intended for access and use
solely by physicians and/or authorized members
of their staff. If you are a physician, or a
physician's authorized representative, it is
your sole responsibility to identify members of
your staff who should be permitted to access and
use such Services, and to authorize, monitor,
and control access to and use such Services by
your staff members. You are solely responsible
for (1) maintaining the strict confidentiality
of Digital IDs, Usernames, and Passwords
(collectively, "IDs") assigned to your
personnel, (2) instructing your personnel not to
allow another person to use their IDs to access
the Site, (3) any charges, damages, or losses
that may be incurred or suffered as a result of
you or your personnel's failure to maintain the
strict confidentiality of their IDs, and (4)
promptly informing us in writing of any need to deactivate an ID due to security concerns or personnel changes. We are not liable for any harm related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person or entity to access and use the Site using your IDs. You agree to immediately notify us of any unauthorized use of your IDs.
Fees and Payment Terms. Your use of Encite software is subject to your payment of fees for the services you utilize, and certain services provided to you through this Site may be subject to additional charges, as per our currently prevailing price list. We will invoice you periodically for all fees and charges you incur, per the terms of our Service Agreement with you.
Patient Data and Legal
Compliance. The Services provided through the
Site may enable Users to transmit, store, and
receive confidential patient information
("Patient Information"). State and Federal laws,
as well as ethical and licensure requirements of
your profession may impose obligations with
respect to patient confidentiality that may
limit the ability of physicians, health care
providers, and persons acting on their behalf,
to make use of certain Services or to transmit
certain information to third parties. You
represent and warrant that you will, at all
times during the term of this Agreement and
thereafter, comply with all laws directly or
indirectly applicable to you that may now or
hereafter govern the gathering, use,
transmission, processing, receipt, reporting,
disclosure, maintenance, and storage of Patient
Information, and use your best efforts to cause
all persons or entities under your direction or
control to comply with such laws. You are, at
all times during the term of this Agreement and
thereafter, solely responsible for obtaining and
maintaining all patient consents and all other
legally necessary consents or permissions
required or advisable to disclose, process,
retrieve, transmit, and view Patient Information
you transmit, store, or receive in connection
with the Site and the Services. You agree that
we, our licensors, and all other persons or
entities involved in the operation of Services
provided through the Site, have the right to
monitor, retrieve, store and use Patient
Information in connection with the operation of
such Services, and are acting on your behalf in
transmitting Patient Information. We agree
to use commercially reasonable efforts to
maintain the confidentiality of such information and prevent the disclosure of such information to third parties except in connection with the transmission, storage, retrieval, and disclosure of such information on your behalf and as may be required or permitted by law. We cannot and do not assume any responsibility for your use or misuse of patient information or other information transmitted, monitored, stored or received using the site or the services.
General Disclaimers. The
Site is provided to you on an "as is, with all
faults" basis, and your use thereof is at your
own risk. We make no warranties of any kind,
either express or implied, including, without
limitation, the implied warranties of
merchantability, fitness for a particular
purpose, title, or non-infringement, or
warranties arising by course of dealing or
custom of trade. We make no representation or
warranty that any content is accurate, complete,
appropriate, reliable, or timely. We also make
no representations or warranties that your
access to and use of the site (1) will be
uninterrupted or error-free, (2) is free of
viruses, unauthorized code, or other harmful
components, or (3) is secure. You are
responsible for taking all precautions you
believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Site. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights depending on the jurisdiction of your domicile.
Precision shall not be
liable for coding or processing any incorrect,
incomplete or duplicate information received
from Client, or professional courtesy or
insurance-only claims, nor shall Precision be
liable for any loss of revenue resulting from
any delay in the coding and processing of
accounts due to the untimely, inaccurate and/or
incomplete billing information used by Client on
Precision's Web Site. Precision will not be
liable for unpaid claims resulting from Client's
failure to submit appropriate demographic
information, insurance company information,
procedure and diagnosis codes, referral or
authorization numbers, and/or necessary medical
documentation. Any charge processed on
Precision's software systems that is missing any necessary billing information, or that is not submitted in the required format is your sole responsibility. Precision is not liable for any delay in payment or the denial of any unpaid claims resulting from problems experienced by payers or clearinghouses in preparing for, and/or implementing, payer or clearinghouse systems for compliance with the HIPAA transaction standards as contained in 45 CFR Parts 160 and 162.
Exclusion of Damages. Under no circumstances whatsoever will Precision
be responsible or liable to you or any other
entity for any direct, compensatory, indirect,
incidental, consequential (including lost
profits and lost business opportunities),
special, exemplary, or punitive damages that
result from or relate in any manner whatsoever
to (1) your use of the Site, or reliance on Site
content, or (2) errors, inaccuracies, omissions,
defects, untimeliness, security breaches, or any
other failure to perform by us or our content providers. The foregoing exclusion shall apply regardless of whether we have been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights depending on the jurisdiction of your domicile.
Limitation of Liability. If, notwithstanding the other terms of this
Agreement, we should have any liability to you
or any third party for any loss, harm or damage,
you and we agree that such liability shall under
no circumstances exceed the lesser of $500 or
the fees you paid us during the three (3) months
immediately preceding the day the act or omission occurred that gave rise to your claim. You and we agree that the foregoing limitation of liability is an agreed allocation of risk between you and us and reflects the fees, if any, we charge you to use the Site. You acknowledge that absent your Agreement to this limitation of liability, we would not provide access of the Site to you.
Indemnity. You agree to
defend, indemnify and hold us harmless against
any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of the terms of this Agreement, (2) your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using your IDs.
Entire Agreement. This
Agreement, including the Precsion Web Site
Policy, contains the entire agreement between
you and us relating to the subject matter
hereof, and supersedes any other oral or written
communications relating thereto. This Agreement
may not be amended or supplemented by (1) any
purchase order or similar form originated by you
relating to the subject matter hereof, or (2)
statements made by any of our employees. We
reserve the right to make changes to this
Agreement at any time without advance notice. We
agree to post the amended form of this Agreement
on the Site, and such amended form shall be
effective immediately upon its posting. Such
amended form shall be deemed to have been
physically signed by you through your signature
on the Client Enrollment Form. It is at all
times your responsibility to read the most
current version of this Agreement before using
the Site to ensure that you agree to the terms and conditions of any changes made to this Agreement. You agree that these standards for notice of changes to this Agreement are reasonable. In the event that any provision of this Agreement is determined to violate any law or becomes unenforceable for any reason whatsoever, then the remaining provisions of this Agreement shall remain in full force and effect.
Termination. You may
terminate this Agreement at any time upon
providing written notice to Precision no less
than sixty (60) days prior to the intended
date of termination. Your right to access and
use the Site immediately terminates without
further notice upon your breach of this Agreement. We may terminate this Agreement and/or your right to use the Site at any time, with or without cause. All portions of this Agreement that logically require continued performance beyond termination shall survive the expiration or termination of this Agreement for purposes of enforceability. We reserve the right to discontinue or make changes to the Site at any time.
U.S. Government Rights. Information on the site includes Current
Procedural Terminology which is commercial
technical data and/or computer data bases and/or
commercial computer software and/or commercial
computer software documentation, as applicable
which were developed exclusively at private
expense by the American Medical Association, 515
North State Street, Chicago, IL 60610. U.S.
Government rights to use, modify, reproduce,
release, perform, display or disclose these
technical data and/or computer data bases and/or
computer software and/or computer software
documentation are subject to the limited rights
restrictions of DFARS 252.227-7015(b)(2) (June 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.
Other. We may assign
this Agreement, in whole or in part, in our sole
discretion. You may not assign your rights under
this Agreement without our prior written
permission. Any attempt by you to assign your
rights under this Agreement without our
permission shall be void. The waiver by us of a
breach of any provision of this Agreement shall
not operate or be construed as a waiver of any
other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement is governed by the laws of the State of Missouri, without giving effect to any principles of conflicts of law.
User Policy Tab - This policy is issued by Precision Practice
Management, Inc. ("Precision", "We", "Us" or
"Our"). It governs your use of the Precision Web Site,
including, without limitation, all content such as text,
information, images, and audio (collectively, "Content") and all services ("Services")
made available to you through the Site (this Site and the Content and Services are collectively referred to herein as the "Site") by us and/or third parties. We reserve the right to make changes to these policies at any time without advance notice. We agree to post all amended forms of these policies on the Site and such amended policies shall be effective immediately upon its posting.
Intellectual Property
Ownership. You agree that we (or our Content
Providers) own all worldwide rights, titles and
interests in and to the Site. You may create a
bookmark in your browser to the home page of the
Site. Otherwise, you may not create a link to
the Site without our prior written approval. All
rights not expressly granted in this Agreement
are reserved to us. No other rights or licenses,
whether express, implied, arising by estoppel,
or otherwise are conveyed or intended by this Agreement. To facilitate your access to and use of our Site or portions thereof, we may make certain software available to you. The terms of your use of such software will be stated separately in license agreements that are included within our Service Agreement with you. You agree to only use such software in a manner permitted pursuant to such license agreements.
Trademarks. Encite and third-party software developer trademarks identify Precision's various software products and services, and let the public know the source of those products and services. Precision prohibits the use of any trademarks without the express written permission of the owner of those trademarks. Please make such requests by e-mail. We will evaluate your request as soon as possible.
In addition, you may not
use any trademarks that do not belong to you,
whether design or word marks, in the following
ways:
* In a service name or
publication title.
* In, as, or as part
of your own trademarks.
* To identify
products or services that are not
yours.
* In a manner likely to cause
confusion.
* In a manner that
implies inaccurately that we sponsor, endorse,
or are otherwise connected with your own
activities,
products, and services.
* In a manner that
disparages Precision or other trademark owners providing products or services to Precision.
Your Use of Content. The
Content consists of copyrighted works
proprietary to us or to third parties who have
provided us with Content ("Content Providers.")
You may download and print a single copy of the
Content solely for your use in connection with
your internal non-commercial use. Any Content
you download or print may not be altered in any
way and must contain all copyright and
proprietary rights notices that were contained in such Content. Any Unauthorized or Unapproved Use of Any of the Content Constitutes Copyright Infringement and Subjects You to All Civil and Criminal Penalties Provided for Under Domestic and International Copyright Laws and Treaties.
Advertisements and
Links. The Site contains advertisements placed
by or on behalf of third parties. These
advertisements may contain links to other web sites. For your convenience, we provide links on our Site to third party web sites. These third party web sites are not under our control and we are not responsible for such third party web sites. Precision is providing these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by Precision.
Outside the U.S. We make no claims that the Site is appropriate for access or use outside the U.S. Your access and/or use of our site outside the U.S. is at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
Precision Web Site Privacy Policy - Precision maintains this web site as a service to its physicians and clients. By using websites owned and operated by Precision or its affiliates, you are agreeing to comply with and be bound by the following privacy policy, which may change at any time. Precision adheres to the following privacy policies:
1. We collect your personal information only with your informed consent.
2. We use your information for personalization of content, identification, and communication.
3. We do not sell or
redistribute your personal information outside
of Precision without your prior notice.
Precision believes that (1) you should
understand how Precision uses the information
you provide, and (2) you have the right to
approve the use of that information. While
using Precision website, you may be asked to
provide information (such as name, contact
information, or other registration information)
to Precision or their service providers.
Precision and these entities may use this
information to tailor their presentations to
you, facilitate your movement through Precision
website, or communicate separately with you. We
will not provide such personally identifiable
information to companies outside Precision
without your prior notice. If you choose
not to provide your information to Precision,
you can still use most of the non password
protected areas of the Precision website.
Unfortunately, you will not be able to access
some functions of the website that require your personal information. If you have questions pertaining to this policy, please contact us immediately. We store the Internet Protocol (IP) address of your computer when you visit our Site. This information is used solely to create broad demographic summaries of our users. Our use of the IP addresses, however, does not identify the actual users of the Site.
Cookies. We may also
collect information about you and your use of
our Site through the use of Cookies. "Cookies"
are small computer files we transfer to your
computer's hard drive that allows us to know how
often someone visits our Site and the activities
they conduct while on our Site. This information
helps us dynamically generate advertising and
content on web pages specifically designed for
you and also allows us to statistically monitor
how many people are using our Site and for what
purpose. Sponsors, advertisers or third parties
may also use Cookies when you select their
advertisement, content or service; we cannot
control their use of Cookies or how they use the
information they gather. If you do not want
information collected through Cookies, there is
a simple procedure in most browsers that allows
you to deny or accept the Cookie feature.
However, Cookies are required for login and the
use of Precision's software. These login related
cookies are encrypted for your safety and
privacy.
Fundamental Compliance
Principles. Precision Practice Management's
corporate mission is to provide excellence in
service and support to the physicians, physician
practices and hospitals of our community, as
they engage Precision to complement their
efforts in providing quality medical care to
their patients. As a most important
corollary to that mission statement, the
Precision resolves to undertake and perform, in
all respects, the highest quality healthcare
coding, billing, collections and management
services, as well as to promote the most ethical
business practices throughout its organization,
in coordination with its client practices, with
payers, with supporting vendors, and with the
billing community in general. In this
regard, Precision Practice Management strongly
believes in conducting business with clients and
on behalf of clients in an ethical manner, above
and beyond the strict requirements of law.
That is, the company will strive to do what is
right, even if not legally obligated to do so.
In addition, Precision
is deemed a "Business Associate" of the many
healthcare providers that are served by the
company. As such, Precision has undertaken
a significant program to comply with all
requirements of the Healthcare Insurance
Portability and Accountability Act
("HIPAA"). That law requires compliance
with mandates in the areas of Electronic
Transactions, Code Sets and Identifiers,
Security and Privacy. Precision's HIPAA
compliance program is therefore incorporated
into Precision's overall Compliance Plan, as
there are many aspects of HIPAA compliance that
overlap with regulatory compliance and business
Further, Precision
Practice Management regards patient and client
practice confidentiality particularly important,
specifically in the areas of patient medical
care, treatment or condition as determined by
conversation with the patient or client, or with
respect to information contained in the
patient's medical record (including all
"Protected Health Information" as defined by
HIPAA). Medical records and other sources
of patient information are to be used only for
providing billing services ("Treatment, Payment
and Operations", as defined by HIPAA).
Altogether, Precision's
compliance effort shall be undertaken in
accordance with the explicit terms of all
federal, state, local and administrative law and
guidelines and shall be expressed and evidenced
in this Compliance Plan, which shall be in all
respects a guiding document for the performance
of the duties of all employees of the
company. Precision's Compliance Plan shall
be in that regard a model for measuring the
success, professional growth and development of
each individual in the company and of the
company's performance as a whole.
