Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, or other personnel employed or otherwise retained by the Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes: (a) To xxxx the Practice’s patients, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients. (b) To xxxx, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients. (c) To collect and receive, in the Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services. (d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds. (e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice. (f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 3 contracts
Samples: Retail Business Management Agreement (Eyemasters Inc), Retail Business Management Agreement (Eye Care Centers of America Inc), Retail Business Management Agreement (Eyemasters Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Medical Practice, Retail Business Practice Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable Practice Manager’s best efforts to timely xxxx and collect timely all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by Medical Practice or the Physicians. Provided, however, that nothing in this Agreement shall be construed as a guarantee by Practice Manager that amounts billed will be collected. Practice Manager shall advise and consult with Medical Practice regarding the fees for Medical Services provided by Medical Practice; it being understood, however, that Medical Practice shall establish the Professionals, or other personnel employed or otherwise retained by reasonable and customary fees to be charged for Medical Services and that Practice Manager shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, hereunder and throughout the Term (and thereafter as provided in Section 6.38.3), the Medical Practice hereby grants to Retail Business Practice Manager an exclusive a special power of attorney and appoints Retail Business Practice Manager as the Medical Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Practice Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) A. To xxxx the Medical Practice’s patients, patients on behalf of and in the name of Medical Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Medical Services and Optical Services provided provided-by the Medical Practice to such patients.;
(b) B. To xxxx, xxxx on behalf of and in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, of Medical Practice all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Medical Services and Optical Services provided provide by the Medical Practice to patients.; provided, however, that Physician shall comply with all third party payor requirements applicable to true and accurate coding and submission of claims for reimbursement or indemnification and patient care management in accordance with all applicable laws, rules, regulations and third parry payor requirements;
(c) C. To collect and receive, receive on behalf of and in the name of Medical Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, ; to administer such accounts including, but not limited to, : extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, obligers or assigning or selling accounts at a discount to collection agencies, shall not be undertaken except in emergency cases without the approval of Managing Physician, which approval shall not be unreasonably withheld. Retail Business Manager Lack of a written objection from Managing Physician after 5 working days shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesbe an automatic approval by the Managing Physician.
(d) D. To deposit all amounts collected on behalf of the Practice into the Account Medical Practice Account, which shall be and at all times remain in the Medical Practice’s name. The Medical Practice covenants to transfer and deliver to the Account Practice Manager all funds received by the Medical Practice from any and all services including patients or third-party parry payors for billable Professional Eye Care Services and Optical Medical Services. Upon receipt by Retail Business Practice Manager of any funds from patients or third-party payors or from the Medical Practice pursuant hereto for billable Professional Eye Care Medical Services of Medical Practice or from other sources including grants, leases, donations, and Optical Servicesinterests received by Medical Practice, Retail Business Practice Manager shall immediately deposit the same funds into the Medical Practice Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse the deposited funds from the Account to creditors and other persons on behalf of the Medical Practice, maintaining records of such the receipt and disbursement of funds.funds according to generally accepted accounting principles; and
(e) E. To take possession of, endorse in the name of the Medical Practice, subject to required reassignment by Physicians, and deposit into the Medical Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks for Medical Services. Medical Practice shall require all physician employees and consultants to assign to Medical Practice in writing any and all fees received by them for services rendered on behalf of the Practice Manager or Medical Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon the request of Retail Business Practice Manager, the Medical Practice shall execute and deliver to the financial institution wherein the Medical Practice Account is maintained, such any additional documents or instruments as that may be necessary to evidence or effect the special power of attorney granted to Retail Business Practice Manager by the Medical Practice pursuant to this Section 3.9or pursuant to Section 5.10 of this Agreement. The special power of attorney granted herein in this Agreement shall be coupled with an interest and shall be irrevocable except with Retail Business Practice Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 3 contracts
Samples: Business Operations and Support Services Agreement, Business Operations and Support Services Agreement (Radiation Therapy Services Inc), Business Operations and Support Services Agreement (Radiation Therapy Services Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Practice---------------------- Provider, Retail Business Manager Service Company shall establish and maintain credit and billing and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect in a timely manner all professional and other fees for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice, the Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or other personnel employed or otherwise retained similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the Practicefees (subject to (S)3.2(d), above) to be charged for Dental Care. In connection with the billing and collection services to be provided hereunder, and Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in Section 6.3(S)8.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Service Company as the Practice’s Provider's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s Provider's patients, in the Practice’s either Provider's or Service Company's name using the Practice’s tax identification number (as Service Company deems appropriate) and on the Practice’s Provider's behalf, for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(b) To xxxx, in the Practice’s either Provider's or Service Company's name using the Practice’s tax identification number (as Service Company deems appropriate) and on the Practice’s Provider's behalf, all claims for reimbursement or indemnification from health maintenance organizationsinsurance companies and plans, self-insured employers, insurance companies, Medicare, Medicaidall state or federally funded dental benefit plans, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(c) To collect and receive, in the Practice’s either Provider's or Service Company's name (as Service Company deems appropriate) and on the Practice’s Provider's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager obligors shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider Consent.
(d) To deposit all amounts collected on behalf of the Practice into the Account which Provider Account. Provider shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Account Service Company all funds received by the Practice Provider from patients or third-third party payors for billable Professional Eye Care Services and Optical ServicesDental Care. Upon receipt by Retail Business Manager Service Company of any funds from patients or third-third party payors or from the Practice Provider for Dental Care pursuant hereto for billable Professional Eye Care Services and Optical Servicesto this agreement, Retail Business Manager Service Company shall immediately promptly deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticeProvider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Dental Care.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeProvider, and to make withdrawals from the Provider Account for payments specified in this Retail Business Management Agreementagreement and otherwise as agreed upon from time to time by the Parties. Upon request of Retail Business ManagerService Company, the Practice Provider shall execute and deliver to the financial institution wherein at which the Provider Account is maintained, maintained such additional documents or instruments as Service Company may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager Service Company by the Practice Provider pursuant to this Section 3.9section and (S)4.12. The special power of attorney granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business Manager’s Service Company's written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement agreement has been terminated, all accounts receivable payable to Retail Business Manager purchased by Service Company pursuant to this Retail Business Management Agreement (S)7.7, if any, have been collected, and all Management Fees amounts due to Retail Business Manager Service Company as described in Article VII have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 3 contracts
Samples: Services Agreement (American Dental Partners Inc), Services Agreement (American Dental Partners Inc), Services Agreement (American Dental Partners Inc)
Billing and Collection. As an agent on On behalf of and for the account of the ---------------------- Practice, Retail Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Physicians or Optometrists and for all goods sold by Practice in connection with the ProfessionalsDispensary Business, or other personnel employed or otherwise retained all for application solely in accordance with the Budget, and (iii) perform all cash management services on behalf of Practice which Business Manager shall deem commercially reasonable. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and ancillary services provided by Practice; it being understood, however, that Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)in- fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited into such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected on behalf of the Practice into the Depository Account which shall be and at all times remain in the Practice’s namename of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to the Account Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by the Practice from patients or third-third party payors for billable Professional Eye Care Medical Services provided on or after the Effective Date and Optical Servicesfor goods sold in connection with the Dispensary Business on or after the Effective Date. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice pursuant hereto for billable Professional Eye Care Medical Services and Optical Services, Retail Business Manager shall immediately deposit provided on or after the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager Effective Date or for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or goods sold in connection with the Practice’s patients by Dispensary Business on or after the Practice in connection with its provision of Professional Eye Care Services. Retail Effective Date, Business Manager shall administerdeposit same into the Depository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of the Practice, and solely for deposit into the Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services and ancillary services and for goods sold in payment of accounts receivable of connection with the PracticeDispensary Business.
(fh) To sign checks checks, drafts, bank notes or other instruments on behalf of the Practice, and to make withdrawals from the Depository Account for payments specified in this Retail Management Services Agreement or as requested from time to time by Practice. Throughout the Term (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods sold by Practice in connection with the Dispensary Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein where the Depository Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.94.8. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable during the term hereof, except with Retail Business Manager’s written consentManager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this Retail Business Management Agreement has been terminatedServices Agreement, the collection, sale or release of all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collectedManager, and the payment of all Management Fees due to Retail Business Manager have been paidas of such date pursuant to Section 6.3 hereof. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the then Practice shall execute a power of attorney in favor of the assignee and in a the form acceptable to Retail Business Manager.of Exhibit 4.8 attached hereto. -----------
Appears in 2 contracts
Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on On behalf of and for the account of the PracticeProvider, Retail Business Manager Service Company shall establish and maintain credit and billing and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect in a timely manner (and to the extent permitted by applicable law) all professional and other fees for all billable Professional Eye Dental Care Services and Optical Services provided by Dental Care Professionals. Service Company shall advise and consult with Provider regarding the Practicefees for Dental Care provided by Provider (including any related discounting policy), it being understood, however, that Provider shall establish the Professionalsfees (subject to Section 3.2(d), or other personnel employed or otherwise retained by above) to be charged for Dental Care and that Service Company shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, and Provider hereby grants to Service Company, to the extent permitted by applicable law, throughout the Term (and thereafter as provided in Section 6.38.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Service Company, to the extent permitted by applicable law, as the PracticeProvider’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the PracticeProvider’s patients, in the PracticeProvider’s name using the Practice’s tax identification number and on the PracticeProvider’s behalf, for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(b) To xxxx, in the PracticeProvider’s name using the Practice’s tax identification number and on the PracticeProvider’s behalf, all claims for reimbursement or indemnification from health maintenance organizationsinsurance companies and plans, self-insured employers, insurance companies, Medicare, Medicaidall state or federally funded dental benefit plans, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(c) To collect and receive, in the PracticeProvider’s name and on the PracticeProvider’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager agencies shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider Consent.
(d) To deposit all amounts collected on behalf of the Practice into the Provider Account which shall be and at all times remain in the PracticeProvider’s name. The Practice covenants to Provider shall transfer and deliver to the Account Service Company all funds received by the Practice Provider from patients or third-third party payors for billable Professional Eye Care Services and Optical ServicesDental Care. Upon receipt by Retail Business Manager Service Company of any funds from patients or third-third party payors or from the Practice Provider for Dental Care pursuant hereto for billable Professional Eye Care Services and Optical Servicesto this Agreement, Retail Business Manager Service Company shall immediately promptly deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticeProvider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Dental Care.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeProvider, and to make withdrawals from the Provider Account for payments specified in this Retail Business Management AgreementAgreement and as requested from time to time by Provider.
(g) To designate, remove, and change such signatories on the Provider Account as Service Company deems necessary or appropriate from time to time. Upon request of Retail Business ManagerService Company, the Practice Provider shall execute and deliver to the financial institution wherein at which the Provider Account is maintained, maintained such additional documents or instruments as Service Company may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager Service Company by the Practice Provider pursuant to this section and Section 3.94.12. The special power of attorney granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business ManagerService Company’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager purchased by Service Company pursuant to this Retail Business Management Agreement Section 7.6, if any, have been collected, and all Management Fees amounts due to Retail Business Manager Service Company as described in Article VII have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement (American Dental Partners Inc)
Billing and Collection. As an agent Manager shall, on behalf of and for the account of the PracticeProvider, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect in a timely manner all professional and other fees for all billable Professional Eye Care Services and Optical Services services provided by the Practice, the Professionals, or other personnel employed or otherwise retained by the PracticeProvider. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice Provider hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the PracticeProvider’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)agent, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s patients, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxx, in the PracticeProvider’s name using the Practice’s tax identification number and on the PracticeProvider’s behalf, all claims for reimbursement or indemnification from health maintenance organizationsemployers, self-insured employerspatients, insurance companies, MedicareHMOs and plans, Medicaidall state or federally funded benefit plans, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services medical care provided by the Practice or on behalf of Provider to patients.
(cb) To Except as set forth in Article 5, to collect and receive, in the PracticeProvider’s name and on the PracticeProvider’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to take possession of, endorse in the name of Provider, and deposit into Provider’s account or any other account as directed by Provider any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for medical care, to administer such accounts including, but not limited to, extending the time or payment of payment any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing material obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager agencies shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider’s consent, which shall not be unreasonably withheld.
(dc) To deposit all amounts collected sign checks, drafts, bank notes or other instruments on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the PracticeProvider, and to make withdrawals from the Account Provider’s account for payments as specified in this Retail Business Management AgreementAgreement and as requested from time to time by Provider. Upon request of Retail Business Manager, the Practice Provider shall execute and deliver to the financial institution wherein the Account at which Provider’s account is maintained, maintained such additional documents or instruments as Manager may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9demonstrate its authority. The special power of attorney agency granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 2 contracts
Samples: Administrative Services Agreement (Oak Street Health, Inc.), Administrative Services Agreement (Oak Street Health, Inc.)
Billing and Collection. As an agent on On behalf of and for the account of the Practice---------------------- Provider, Retail Business Manager Service Company shall establish and maintain credit and billing and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect in a timely manner all professional and other fees for all billable Professional Eye Dental Care Services and Optical Services provided by Dental Care Professionals. Service Company shall advise and consult with Provider regarding the Practicefees for Dental Care provided by Provider (including any related discounting policy), it being understood, however, that Provider shall establish the Professionalsfees (subject to (S)3.2(d), or other personnel employed or otherwise retained by above) to be charged for Dental Care and that Service Company shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, and Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in Section 6.3(S)8.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Service Company as the Practice’s Provider's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s Provider's patients, in the Practice’s Provider's name using the Practice’s tax identification number and on the Practice’s Provider's behalf, for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(b) To xxxx, in the Practice’s Provider's name using the Practice’s tax identification number and on the Practice’s Provider's behalf, all claims for reimbursement or indemnification from health maintenance organizationsinsurance companies and plans, self-insured employers, insurance companies, Medicare, Medicaidall state or federally funded dental benefit plans, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(c) To collect and receive, in the Practice’s Provider's name and on the Practice’s Provider's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager agencies shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider Consent.
(d) To deposit all amounts collected on behalf of the Practice into the Provider Account which shall be and at all times remain in the Practice’s Provider's name. The Practice covenants to Provider shall transfer and deliver to the Account Service Company all funds received by the Practice Provider from patients or third-third party payors for billable Professional Eye Care Services and Optical ServicesDental Care. Upon receipt by Retail Business Manager Service Company of any funds from patients or third-third party payors or from the Practice Provider for Dental Care pursuant hereto for billable Professional Eye Care Services and Optical Servicesto this agreement, Retail Business Manager Service Company shall immediately promptly deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticeProvider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Dental Care.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeProvider, and to make withdrawals from the Provider Account for payments specified in this Retail Business Management Agreementagreement and as requested from time to time by Provider. Upon request of Retail Business ManagerService Company, the Practice Provider shall execute and deliver to the financial institution wherein at which the Provider Account is maintained, maintained such additional documents or instruments as Service Company may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager Service Company by the Practice Provider pursuant to this Section 3.9section and (S)4.12. The special power of attorney granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business Manager’s Service Company's written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement agreement has been terminated, all accounts receivable payable to Retail Business Manager purchased by Service Company pursuant to this Retail Business Management Agreement (S)7.7, if any, have been collected, and all Management Fees amounts due to Retail Business Manager Service Company as described in Article VII have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 2 contracts
Samples: Service Agreement (American Dental Partners Inc), Service Agreement (American Dental Partners Inc)
Billing and Collection. As an agent on On behalf of and for the account of the ---------------------- Practice, Retail Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Physicians or Optometrists and for all goods and services sold or performed by Practice in connection with the ProfessionalsNon-Ophthalmic Business, or other personnel employed or otherwise retained all for application solely in accordance with the Budget, and (iii) perform all cash management services on behalf of Practice which Business Manager shall deem commercially reasonable. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and ancillary services provided by Practice; it being understood, however, that (x) Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees and (y) no new ancillary services shall be provided in the Office without Practice Consent. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding accounts receivable for Medicare and Medicaid services, to collect and receive, as the agent of Practice in Business Manager's name and for Business Manager's account, all accounts receivable of Practice purchased by Business Manager, including, without limitation, the Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To collect all government program accounts receivable after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control (the "Depository Account"). Once deposited in such accounts, Practice hereby authorizes the government program accounts receivable to be automatically swept into the Depository Account.
(f) To deposit all amounts collected on behalf of the Practice into the Depository Account which shall be and at all times remain in the Practice’s namename of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to the Account Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by the Practice from patients or third-third party payors for billable Professional Eye Care Medical Services provided on or after the Effective Date and Optical Servicesfor goods and services sold by Practice in connection with the Non-Ophthalmic Business after the Effective Date. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice pursuant hereto for billable Professional Eye Care Medical Services provided on or after the Effective Date or for goods and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional services sold by Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by Non- Ophthalmic Business after the Practice in connection with its provision of Professional Eye Care Services. Retail Effective Date, Business Manager shall administerdeposit same into the Depository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of the Practice, and solely for deposit into the Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services, ancillary services and for all goods and services sold by Practice in payment of accounts receivable of connection with the PracticeNon-Ophthalmic Business.
(fh) To sign checks checks, drafts, bank notes or other instruments on behalf of the Practice, and to make withdrawals from the Depository Account for payments specified in this Retail Management Services Agreement or as requested from time to time by Practice. Throughout the Term (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein where the Depository Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.94.8. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable during the term hereof, except with Retail Business Manager’s written consentManager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this Retail Business Management Agreement has been terminatedServices Agreement, the collection, sale or release of all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collectedManager, and the payment of all Management Fees due to Retail Business Manager have been paidas of such date pursuant to Section 6.2 hereof. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the then Practice shall execute a power of attorney in favor of the assignee and in a the form acceptable to Retail Business Manager.of Exhibit 4.8 attached hereto. -----------
Appears in 2 contracts
Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on On behalf of and for the account of the ---------------------- Practice, Retail Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Physicians or Optometrists and for all goods sold by Practice in connection with the ProfessionalsDispensary Business, or other personnel employed or otherwise retained all for application solely in accordance with the Budget, and (iii) perform all cash management services on behalf of Practice which Business Manager shall deem commercially reasonable. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and ancillary services provided by Practice; it being understood, however, that Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)in- fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid Services, to collect and receive, as the Agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof) and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited into such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected on behalf of the Practice into the Depository Account which shall be and at all times remain in the Practice’s namename of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to the Account Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by the Practice from patients or third-third party payors for billable Professional Eye Care Medical Services provided on or after the Effective Date and Optical Servicesfor all goods sold in connection with the Dispensary Business on or after the Effective Date. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice pursuant hereto for billable Professional Eye Care Medical Services and Optical Services, Retail Business Manager shall immediately deposit provided on or after the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager Effective Date or for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or goods sold in connection with the Practice’s patients by Dispensary Business on or after the Practice in connection with its provision of Professional Eye Care Services. Retail Effective Date, Business Manager shall administerdeposit same into the Depository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of the Practice, and solely for deposit into the Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services and ancillary services and for goods sold in payment of accounts receivable of connection with the PracticeDispensary Business.
(fh) To sign checks checks, drafts, bank notes or other instruments on behalf of the Practice, and to make withdrawals from the Depository Account for payments specified in this Retail Management Services Agreement or as requested from time to time by Practice. Throughout the Term (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods sold by Practice in connection with the Dispensary Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein where the Depository Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.94.8. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable during the term hereof, except with Retail Business Manager’s written consentManager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this Retail Business Management Agreement has been terminatedServices Agreement, the collection, sale or release of all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collectedManager, and the payment of all Management Fees due to Retail Business Manager have been paidas of such date pursuant to Section 6.2 hereof. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the then Practice shall execute a power of attorney in favor of the assignee and in a the form acceptable to Retail Business Managerof Exhibit 4.8 attached ----------- hereto.
Appears in 2 contracts
Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent Subject to Practice's ability to establish ---------------------- its fee schedules, on behalf of and for the account of the Practice, Retail Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Physicians or Optometrists for application solely in accordance with the ProfessionalsBudget, or other personnel employed or otherwise retained and (iii) perform all cash management services on behalf of Practice which Business Manager shall deem commercially reasonable. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and Ancillary Services provided by Practice; it being understood, however, that Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients., unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients., unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited in such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected on behalf of the Practice into the Depository Account which shall be and at all times remain in the Practice’s namename of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to the Account Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by the Practice from patients or third-third party payors for billable Professional Eye Care Medical Services and Optical Servicesprovided on or after the Effective Date. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice pursuant hereto for billable Professional Eye Care Medical Services and Optical Servicesprovided on or after the Effective Date, Retail Business Manager shall immediately deposit the same into the AccountDepository Account as soon as commercially practicable. On In the first day of each calendar month during the Term of this Retail Business Management Agreementmanner set forth in Section 4.9 hereof, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of the Practice, and solely for deposit into the Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received in as payment of accounts receivable of the Practicefor Medical Services and Ancillary Services.
(fh) To sign checks checks, drafts, bank notes or other instruments on behalf of the Practice, and to make withdrawals from the Depository Account for payments specified in this Retail Management Services Agreement or as requested from time to time by Practice. Throughout the Term (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and Ancillary Services on or after the Effective Date and collected by Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein where the Depository Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.94.8. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable during the term hereof, except with Retail Business Manager’s written consentManager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this Retail Business Management Agreement has been terminatedServices Agreement, the collection, sale or release of all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collectedManager, and the payment of all Management Fees due to Retail Business Manager have been paidas of such date pursuant to Section 6.3 hereof. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the then Practice shall execute a power of attorney in favor of the assignee and in a the form acceptable to Retail Business Manager.of Exhibit 4.8 attached hereto. -----------
Appears in 2 contracts
Samples: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, Professionals or other personnel employed or otherwise retained by the PracticePractice at the EyeMasters Practice Locations. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Professional Business Manager an exclusive special power of attorney and appoints Retail Professional Business Manager as the Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposespurposes to the extent relating to the EyeMasters Practice Locations:
(a) To xxxx the Practice’s patients, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.patients at the EyeMasters Practice Locations;
(b) To xxxx, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.patients at the EyeMasters Practice Locations;
(c) To collect and receive, in the Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, : (i) extending the time of payment of any such accounts; (ii) suing, assigning or selling at a discount such accounts to collection agencies; or (iii) taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Professional Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.;
(d) To deposit all amounts collected on behalf of the Practice into the Professional Practice Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Professional Practice Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Servicesrendered at the EyeMasters Practice Locations. Upon receipt by Retail Professional Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Servicesrendered at the EyeMasters Practice Locations, Retail Professional Business Manager shall immediately deposit the same into the Professional Practice Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Professional Business Manager shall only be liable for Dispensary Office Expenses to the extent of funds in the Professional Practice Account. Retail Professional Business Manager shall disburse funds from the Professional Practice Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.;
(e) To take possession of, endorse in the name of the Practice, and deposit into the Professional Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.Practice relating to the Practice Locations; and
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account Professional Practice Account, for payments specified in this Retail Business Management Agreement. Upon request of Retail Professional Business Manager, the Practice shall execute and deliver to the financial institution wherein the Professional Practice Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Professional Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Professional Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Professional Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Professional Business Manager have been paid. If Retail Professional Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Professional Business Manager.
Appears in 1 contract
Samples: Professional Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. As an agent on On behalf of and for the account of the PracticePC, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Dental Services provided by the Practice, the ProfessionalsPC, or other personnel Practice Providers employed or otherwise retained by PC. Business Manager shall advise and consult with PC regarding the Practicefees for Dental Services provided by PC; it being understood, however, that PC shall establish the fees to be charged for Dental Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice PC hereby grants to Retail Business Manager an exclusive a special power of attorney and appoints Retail Business Manager as the Practice’s PC's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s PC's patients, in the Practice’s PC's name using the Practice’s tax identification number and on the Practice’s PC's behalf, for all billable Professional Eye Care Services and Optical Dental Services provided by the Practice PC to patients.
(b) To xxxx, in the Practice’s PC's name using the Practice’s tax identification number and on the Practice’s PC's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Shield/Blue Cross, insurance companies, Medicare, Medicaid, companies and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Dental Services provided by the Practice PC to patients.
(c) To collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of PC purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.
(d) To collect and receive, in the Practice’s PC's name and on the Practice’s PC's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, to administer such accounts including, but not limited to, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) discharging or releasing the obligors of any such accounts; (iii) suing, assigning or selling at a discount such accounts to collection agencies; or (iv) taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To deposit all amounts collected on behalf of the Practice under clause (d) above into the PC Account which shall be and at all times remain in the Practice’s PC's name. The Practice PC covenants to transfer and deliver to the Business Manager for deposit into PC Account (or, with respect to accounts receivable purchased by Business Manager, Business Manager's account) all funds received by the Practice PC from patients or third-third party payors for billable Professional Eye Care Services and Optical Dental Services. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice PC pursuant hereto for billable Professional Eye Care Services and Optical Dental Services, Retail Business Manager shall immediately deposit the same those that relate to accounts receivable covered by clause (d) above into the PC Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the PracticePC, maintaining records of such receipt and disbursement of fundsfunds in accordance with Section 3.9(b).
(ef) To take possession of, endorse in the name of the PracticePC, and deposit into the PC Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of for Dental Services that relate to accounts receivable of the Practicecovered by clause (d) above.
(fg) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticePC, and to make withdrawals from the PC Account for payments specified in this Retail Business Management Services Agreement. Upon request of Retail Business Manager, the Practice PC shall execute and deliver to the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice PC pursuant to this Section 3.93.8 or pursuant to Section 3.9 of this Management Services Agreement. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire on the later of when this Retail Business Management Services Agreement has been terminated, when all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collected, and or when all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the Practice then PC shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in a form acceptable to Retail Business Managerthis Section 3.8.
Appears in 1 contract
Samples: Management Services Agreement (Castle Dental Centers Inc)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and bill xxx collect all Professional and other fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, or other personnel Professionals employed or otherwise retained by the Practice. The Practice Advisory Council shall make recommendations to and consult with Business Manager and the Practice regarding the fees for Professional Eye Care Services provided by the Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the bill xxx Practice’s 's patients, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxxbill, in xx the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and billxxxx xxx claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state State fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain a cash collateral account held in the name of Business Manager and shall be opened at a financial institution chosen by Business Manager. All amounts received or collected are hereby pledged to the Business Manager and shall be held or deposited in the Account to secure the performance of the Practice’s name's obligations under this Agreement. The Account shall be held under Business Manager's tax identification number. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On So long as the first day of each calendar month during Practice is in full compliance with the Term terms of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds. Business Manager may borrow amounts from the Account in excess of amounts due Business Manager pursuant to this Agreement and to the full extent of funds in the Account. Such borrowed amounts shall bear interest to the Account in the amount of six percent (6%) per annum, and any of such borrowed amounts outstanding shall be repaid by Business Manager to the Account when needed to cover all expenses and obligations under this Agreement and shall be repaid within thirty (30) days of the termination of this Agreement.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Professional Eye Care Services.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, collected and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Samples: Business Management Agreement (Vision Twenty One Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Practice, Retail Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Physicians or Optometrists and for all goods sold by Practice in connection with the ProfessionalsDispensary Business, or other personnel employed or otherwise retained all for application solely in accordance with the Budget, and (iii) perform all cash management services on behalf of Practice which Business Manager shall deem commercially reasonable. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and ancillary services provided by Practice; it being understood, however, that Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)in- fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid Services, to collect and receive, as the Agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof) and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited into such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected on behalf of the Practice into the Depository Account which shall be and at all times remain in the Practice’s namename of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to the Account Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by the Practice from patients or third-third party payors for billable Professional Eye Care Medical Services provided on or after the Effective Date and Optical Servicesfor all goods sold in connection with the Dispensary Business on or after the Effective Date. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice pursuant hereto for billable Professional Eye Care Medical Services and Optical Services, Retail Business Manager shall immediately deposit provided on or after the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager Effective Date or for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or goods sold in connection with the Practice’s patients by Dispensary Business on or after the Practice in connection with its provision of Professional Eye Care Services. Retail Effective Date, Business Manager shall administerdeposit same into the Depository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of the Practice, and solely for deposit into the Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services and ancillary services and for goods sold in payment of accounts receivable of connection with the PracticeDispensary Business.
(fh) To sign checks checks, drafts, bank notes or other instruments on behalf of the Practice, and to make withdrawals from the Depository Account for payments specified in this Retail Management Services Agreement or as requested from time to time by Practice. Throughout the Term (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods sold by Practice in connection with the Dispensary Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein where the Depository Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.94.8. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable during the term hereof, except with Retail Business Manager’s written consentManager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this Retail Business Management Agreement has been terminatedServices Agreement, the collection, sale or release of all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collectedManager, and the payment of all Management Fees due to Retail Business Manager have been paidas of such date pursuant to Section 6.2 hereof. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the then Practice shall execute a power of attorney in favor of the assignee and in a the form acceptable to Retail Business Managerof Exhibit 4.8 attached hereto.
Appears in 1 contract
Samples: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Medical Practice, Retail Business Practice Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable Practice Manager’s best efforts to timely xxxx and collect timely all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by Medical Practice or the Physicians. Provided, however, that nothing in this Agreement shall be construed as a guarantee by Practice Manager that amounts billed will be collected. Practice Manager shall advise and consult with Medical Practice regarding the fees for Medical Services provided by Medical Practice; it being understood, however, that Medical Practice shall establish the Professionals, or other personnel employed or otherwise retained by reasonable and customary fees to be charged for Medical Services and that Practice Manager shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, hereunder and throughout the Term (and thereafter as provided in Section 6.38.3), the Medical Practice hereby grants to Retail Business Practice Manager an exclusive a special power of attorney and appoints Retail Business Practice Manager as the Medical Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Practice Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) A. To xxxx the Medical Practice’s patients, patients on behalf of and in the name of Medical Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Medical Services provided by the Medical Practice to such patients.;
(b) B. To xxxx, xxxx on behalf of and in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, of Medical Practice all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Medical Services and Optical Services provided provide by the Medical Practice to patients.; provided, however, that Physician shall comply with all third party payor requirements applicable to true and accurate coding and submission of claims for reimbursement or indemnification and patient care management in accordance with all applicable laws, rules, regulations and third party payor requirements;
(c) C. To collect and receive, receive on behalf of and in the name of Medical Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, ; to administer such accounts including, but not limited to, : extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, obligers or assigning or selling accounts at a discount to collection agencies, shall not be undertaken except in emergency cases without the approval of Managing Physician, which approval shall not be unreasonably withheld. Retail Business Manager Lack of a written objection from Managing Physician after 5 working days shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesbe an automatic approval by the Managing Physician.
(d) D. To deposit all amounts collected on behalf of the Practice into the Account Medical Practice Account, which shall be and at all times remain in the Medical Practice’s name. The Medical Practice covenants to transfer and deliver to the Account Practice Manager all funds received by the Medical Practice from any and all services including patients or third-party payors for billable Professional Eye Care Services and Optical Medical Services. Upon receipt by Retail Business Practice Manager of any funds from patients or third-party payors or from the Medical Practice pursuant hereto for billable Professional Eye Care Medical Services of Medical Practice or from other sources including grants, leases, donations, and Optical Servicesinterests received by Medical Practice, Retail Business Practice Manager shall immediately deposit the same funds into the Medical Practice Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse the deposited funds from the Account to creditors and other persons on behalf of the Medical Practice, maintaining records of such the receipt and disbursement of funds.funds according to generally accepted accounting principles; and
(e) E. To take possession of, endorse in the name of the Medical Practice, subject to required reassignment by Physicians, and deposit into the Medical Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks for Medical Services. Medical Practice shall require all physician employees and consultants to assign to Medical Practice in writing any and all fees received by them for services rendered on behalf of the Practice Manager or Medical Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon the request of Retail Business Practice Manager, the Medical Practice shall execute and deliver to the financial institution wherein the Medical Practice Account is maintained, such any additional documents or instruments as that may be necessary to evidence or effect the special power of attorney granted to Retail Business Practice Manager by the Medical Practice pursuant to this Section 3.9or pursuant to Section 5.10 of this Agreement. The special power of attorney granted herein in this Agreement shall be coupled with an interest and shall be irrevocable except with Retail Business Practice Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Samples: Business Operations and Support Services Agreement (Radiation Therapy Services Holdings, Inc.)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Business i. Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect provide all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, or other personnel employed or otherwise retained by the Practice. In connection with the billing and collection services that Manager determines to be provided hereundernecessary or appropriate in connection with the charges resulting from the performance of services by Physician and the Licensed Health Professionals. Specifically, Manager shall prepare patient invoices; input billing information; prepare computerized billing statements and submit bills and claims to patients and third party payors; respond to telephone inquiries from patients and payors concerning their bills; diligently pursue collection of unpaid bills for up to 180 days from the initial billing, and, thereafter; refer such unpaid bills to collection agencies or attorneys for collection, the cost and expense of which shall be borne solely by Physician. Manager shall deposit all payments into the “Operational Account” described in Section 3 below. Manager shall provide monthly and year-to-date reports showing all xxxxxxxx, collections, and throughout accounts receivable and the Term (and thereafter aging of same.
ii. Physician hereby appoints Manager for the term of this Agreement as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s exclusive his true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) 1. To xxxx the Practice’s patients, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxx, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the PracticePhysician’s name and on the Practice’s his behalf, all accounts receivable generated by such xxxxxxxx : (a) patients; (b) third party payors and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheldc) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging other persons or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be entities who are obligated to pay for services performed by Physician and the Licensed Health Professionals.
2. To collect in the name of Physician and on his behalf all Dispensary Expenses; providedcharges, however, that Retail Business Manager shall only be liable for Dispensary Expenses fees or other amounts resulting from or related to the extent of funds in professional and ancillary services performed by Physician and the AccountLicensed Health Professionals.
3. Retail Business Manager shall disburse funds To receive all payments arising from the Account to creditors professional and other persons on behalf of ancillary services performed by Physician and the Practice, maintaining records of such receipt and disbursement of funds.
(e) To Licensed Health Professionals; take possession of, of and endorse in the name of the PracticePhysician all cash, and deposit into the Account any notes, checks, money orders, insurance payments, payments and any other instruments received in payment as payments of accounts receivable of Physician, however arising. Physician shall immediately forward to Manager any such payments that may come into the Practicepossession of Physician or the Licensed Health Professionals. Physician hereby expressly authorizes and grants Manager the right to open any mail or messengered envelopes or packages sent by any Practice patient or third party payor which lists Physician or any Licensed Health Professional as the addressee. Physician agrees that he shall not attempt to stop, hinder, interfere with, re-direct or divert any claims, payments or explanation of benefits, whether submitted or paid in a written form, by facsimile or electronically, during the term of this Agreement or after its expiration.
(f) 4. To sign checks deposit all “Gross Revenues,” as such term is defined in Section 3.a. below, directly into the Operational Account, in accordance with Section 3 below.
iii. Physician acknowledges and agrees that Manager shall have discretion to compromise, settle or write off any amount due from a patient or third party payor, or determine not to appeal a denial by any third party payor of any claim for payment, for any particular professional service rendered by or on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business ManagerPhysician.
Appears in 1 contract
Samples: Management Services Agreement (Lifesciences Opportunities Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Practice, Retail ---------------------- Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Physicians or Optometrists and for all goods sold by Practice in connection with the ProfessionalsDispensary Business, or other personnel employed or otherwise retained all for application solely in accordance with the Budget, and (iii) perform all cash management services on behalf of Practice which Business Manager shall deem commercially reasonable. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and ancillary services provided by Practice; it being understood, however, that Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections into the Depository Account;
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts.
(e) To collect all government program receivables after such amounts have been received and deposited into the Practice Account. Once deposited in the Practice Account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account as provided in Section 4.8(f), below. Practice shall cause the institution at which it maintains the aforementioned Practice Account to provide Business Manager with copies of all bank statements prepared with respect to such account.
(f) To deposit all amounts collected into the Depository Account which shall be in the name of Business Manager, but in which Business Manager will account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices. Moreover, subject to Business Manager's authority to discharge its responsibilities under this Agreement, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account; provided, however, that the Practice shall review have no rights in or to funds in the Depository Account that have been collected and approve (which approval shall not be unreasonably withheld) any decision by Retail received pursuant to Section 4.8(c). The parties hereto acknowledge and agree that Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected is performing cash management services on behalf of the Practice into the Account which shall be and at by collecting all times remain such amounts in the Practice’s nameDepository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The Practice covenants to transfer parties further acknowledge and deliver agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the Account power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds received by the shall remain with Practice. Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible forcovenants, and be obligated shall cause each Physician and Optometrist to pay for all Dispensary Expenses; providedcovenant, howeverto forward any payments, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, payments and any other instruments received for Medical Services provided and goods sold in payment of accounts receivable of connection with the Practice.
(f) To sign checks Dispensary Business on or after the Original Effective Date by or on behalf of Practice or any of the PracticePhysicians or Optometrists to Business Manager for deposit in the Depository Account, or to directly deposit any such payments into the Depository Account. Business Manager shall have the right, at any time and from time to make withdrawals time, to withdraw funds from the Practice Account for payments specified in this Retail Business Management Agreement. Upon request and all owners of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Practice Account shall daily transfer the entire balance of the assignee in a form acceptable Practice Account to Retail the Depository Account. Practice and Business ManagerManager hereby agree to execute from time to time such documents and instructions as shall be required by the bank maintaining the Practice Account to effect the foregoing provisions and to extend or amend such documents and instructions as reasonably required to effect the intent of this Section 4.
Appears in 1 contract
Samples: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and bill xxx collect all Professional and other fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, or other personnel Professionals employed or otherwise retained by the Practice. The Practice Advisory Council shall make recommendations to and consult with Business Manager and the Practice regarding the fees for Professional Eye Care Services provided by the Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the bill xxx Practice’s 's patients, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxxbill, in xx the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receivereceive (to the extent permitted by law), in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and billxxxx xxx claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.selling
(d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain a cash collateral account held in the name of Business Manager and shall be opened at a financial institution chosen by Business Manager. All amounts received or collected are hereby pledged to the Business Manager and shall be held or deposited in the Account to secure the performance of the Practice’s name's obligations under this Agreement. The Account shall be held under Business Manager's tax identification number. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Office Expenses to the extent of funds in the AccountAccount plus any amounts borrowed by Business Manager in accordance with Section 5.4. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds. Business Manager may borrow amounts from the Account in excess of amounts due Business Manager pursuant to this Agreement and to the full extent of funds in the Account. Such borrowed amounts shall bear interest to the Account in the amount of six percent (6%) per annum, and any of such borrowed amounts outstanding shall be repaid by Business Manager to the Account when needed to cover all expenses and obligations under this Agreement and shall be repaid within thirty (30) days of the termination of this Agreement.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Professional Eye Care Services.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, collected and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Samples: Business Management Agreement (Vision Twenty One Inc)
Billing and Collection. As an agent on behalf (i) During the term of this Agreement, the LLC hereby assigns, transfers and for conveys to the account Manager all of the PracticeLLC's currently existing and future accounts receivable with respect to all medical services previously provided or in the future to be provided by the LLC (but not including any Medicare or Medicaid payments currently owing, Retail Business or which in the future become owing, to the LLC) (collectively, the "Non-Medicare Receivables"). The Manager shall establish bill for and maintain credit endeavor to collect all such Non-Medicare Receivxxxxs (reserving the right to send, with simultaneous notice to the LLC, selected past-due accounts to a collection agency) and issue receipts therefor, if required. Furthermore, subject to the Manager's obligations under Section 3.c hereof with respect to the establishment of the bank accounts described therein, the Manager shall be entitled to take any such action consistent with the provisions of this Agreement with respect to the Non-Medicare Receivables as it deems appropriate in the exercise of its discretion in order to fulfill its obligations to the LLC under this Agreement. The LLC shall execute such other documents and agreements as may be necessary to more fully and effectively transfer the Non-Medicare Receivables to the Manager. The Manager shall serve as billing and collection servicesagent for the LLC with respect to any Medicare and/or Medicaid payments currently owing, policies and proceduresor which in the future become owing, to the LLC (the "Medicare Receivables") and shall use reasonable efforts bill for and endeavor to timely xxxx and collect all fees for all billable Professional Eye Care Services such Medicare Receivables owex xx the LLC (reserving the right to send, with simultaneous notice to the LLC, selected past-due accounts to a collection agency) and Optical Services provided by issue receipts therefor, if required. The LLC hereby appoints the Practice, the Professionals, or other personnel employed or otherwise retained by the Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s exclusive true and lawful its agent and attorney-in-fact (which for the collection of the Medicare Receivables. The Manager shall be deemed revoked deposit all the Medicare Receivables and all of the other monies collected by it as the LLC's billing agent and attorney-in-fact in the event bank accounts described in Section 3.c hereof.
(ii) As part of termination for cause by its billing responsibility, the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposeswill use its commercially reasonable efforts to:
(aA) To xxxx provide to the Practice’s patientsLLC, monthly, such reasonably detailed reports with respect to the LLC's accounts receivable, billing and collection status, including charges, receipts, and insurance classifications of patients as the LLC may from time to time reasonably request;
(B) should this Agreement be terminated, upon request therefor, provide the LLC with a complete listing and print out of all active patient accounts, all Medicare and third party insurer active billing records, all demographic and charge data, and a final report detailing all data and information pertinent to the LLC's accounts, in accordance with the Practice’s name using normal reporting capability of the Practice’s tax identification number and on billing system or contractor, if any, utilized for the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided LLC's billing by the Practice to patientsManager; and
(C) use reasonable care in processing and storing the LLC's data and records.
(biii) To xxxxThe parties recognize that the Manager cannot bill or collect for services provided by and through the LLC unlexx xnd to the extent that the LLC Physicians perform in a timely manner certain administrative duties related to billing, including but not limited to the completion of medical records and the submission of billing information in the Practice’s name using the Practice’s tax identification number form and on the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided format reasonably requested by the Practice to patientsManager.
(cA) To collect and receiveThe LLC warrants that it will require that each LLC Physician will be required, in the Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementas part of his or her Employment Agreement, to administer such accounts including, but not limited to, extending agree to grant to the time of LLC the right to withhold payment of any amount due Physician under his or her Employment Agreement during any period when such accounts; suing, assigning or selling at a discount such accounts Physician has failed to collection agencies; or taking other measures comply with commercially reasonable written standards communicated to require the payment Physicians ("Standards") for timeliness and diligence to be adopted by the LLC with respect to each of any such accounts; provided, however, that the Practice shall review and approve following: (which approval shall not be unreasonably withheldi) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.Completion of appropriate medical records for patients of the Physician;
(dii) To deposit Maintaining the office hours agreed upon by Physician and the LLC; (iii) Completion of all amounts collected on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Account all funds received information reasonably requested by the Practice from patients LLC or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or its billing agent in connection with the Practice’s patients billing and collecting for services provided by or ordered by the Practice in connection Physician; or (iv) Compliance with its provision the requirements of Professional Eye Care Services. Retail Business Manager shall administermanaged care programs with respect to utilization review, be responsible forprior approval or review, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of fundsor referral protocols.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Samples: Physician Services Organization Agreement (Doctors Health System Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Practice---------------------- Provider, Retail Business Manager Service Company shall establish and maintain credit and billing and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect in a timely manner all professional and other fees for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice, the Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or other personnel employed or otherwise retained similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the Practicefees (subject to (S)3.2(d), above) to be charged for Dental Care. In connection with the billing and collection services to be provided hereunder, and Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in Section 6.3(S)8.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Service Company as the Practice’s Provider's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s Provider's patients, in the Practice’s either Provider's or Service Company's name using the Practice’s tax identification number (as Service Company deems appropriate) and on the Practice’s Provider's behalf, for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(b) To xxxx, in the Practice’s either Provider's or Service Company's name using the Practice’s tax identification number (as Service Company deems appropriate) and on the Practice’s Provider's behalf, all claims for reimbursement or indemnification from health maintenance organizationsinsurance companies and plans, self-insured employers, insurance companies, Medicare, Medicaidall state or federally funded dental benefit plans, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(c) To collect and receive, in the Practice’s either Provider's or Service Company's name (as Service Company deems appropriate) and on the Practice’s Provider's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager obligors shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider Consent.
(d) To deposit all amounts collected on behalf of the Practice into the Account which Provider Account. Provider shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Account Service Company all funds received by the Practice Provider from patients or third-third party payors for billable Professional Eye Care Services and Optical ServicesDental Care. Upon receipt by Retail Business Manager Service Company of any funds from patients or third-third party payors or from the Practice Provider for Dental Care pursuant hereto for billable Professional Eye Care Services and Optical Servicesto this agreement, Retail Business Manager Service Company shall immediately promptly deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticeProvider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Dental Care.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeProvider, and to make withdrawals from the Provider Account for payments specified in this Retail Business Management Agreementagreement and otherwise as agreed upon from time to time by the Parties. Upon request of Retail Business ManagerService Company, the Practice Provider shall execute and deliver to the financial institution wherein at which the Provider Account is maintained, maintained such additional documents or instruments as Service Company may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager Service Company by the Practice Provider pursuant to this Section 3.9section and (S)4.12. The special power of attorney granted herein shall be is coupled with an interest and anD shall be irrevocable except with Retail Business Manager’s Service Company's written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement agreement has been terminated, all accounts receivable payable to Retail Business Manager purchased by Service Company pursuant to this Retail Business Management Agreement (S)7.7, if any, have been collected, and all Management Fees amounts due to Retail Business Manager Service Company as described in Article VII have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Billing and Collection. As an agent on behalf The LLC hereby assigns, transfers and conveys to Doctors Health all of its currently existing and for future accounts receivable with respect to all medical services previously provided or in the account future to be provided by the LLC (but not including any Medicare or Medicaid payments currently owing, or which in the future become owing, to the LLC) (collectively, the "Non-Medicare Receivables"). Doctors Health shall be entitled to take any such action with respect to the Non-Medicare Receivables as it deems appropriate in the exercise of its sole discretion. The LLC shall execute such other documents and agreements as may be necessary to more fully and effectively transfer the Practice, Retail Business Manager Non-Medicare Receivables to Doctors Health. Doctors Health shall establish and maintain credit and serve as billing and collection servicesagent for the LLC with respect to any Medicare and/or Medicaid payments currently owing, policies and proceduresor which in the future become owing, to the LLC (the "Medicare Receivables") and shall use reasonable efforts bill for and endeavor to timely xxxx and collect all fees for all billable Professional Eye Care Services such Medicare Receivables owex xx the LLC (reserving the right to send, with simultaneous notice to the LLC, selected past-due accounts to a collection agency) and Optical Services provided by the Practiceissue receipts therefor, the Professionals, or other personnel employed or otherwise retained by the Practiceif required. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter The LLC hereby appoints Doctors Health as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s exclusive true and lawful its agent and attorney-in-fact (which for the collection of the Medicare Receivables. The LLC further appoints Doctors Health as its attorney in fact and agent, to collect such Medicare Receivables that Doctors Health deems uncollectible. Doctors Health shall be deemed revoked deposit all the Medicare Receivables in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposesbank accounts described in SECTION 4.c. hereof. Doctors Health will use its commercially reasonable efforts to:
(a) To xxxx i. provide to the Practice’s patientsLLC, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxx, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measuresupon reasonable prior notice, such as filing lawsuitsreasonably detailed reports with respect to the LLC's accounts receivable, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.status, including charges, receipts, and insurance classifications of patients as the LLC may from time to time reasonably request;
(d) To deposit ii. should this Agreement be terminated, upon request therefor, provide the LLC with a complete listing and print out of all amounts collected on behalf of the Practice into the Account which shall be active patient accounts, all Medicare and at third party insurer active billing records, all times remain in the Practice’s name. The Practice covenants to transfer demographic and deliver charge data, and a final report detailing all data and information pertinent to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical ServicesLLC's accounts, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor normal reporting capability of the assignee billing system or contractor, if any, utilized for the LLC's billing by Doctors Health; and
iii. use reasonable care in a form acceptable to Retail Business Managerprocessing and storing the LLC's data and records.
Appears in 1 contract
Samples: Physician Services Organization Agreement (Doctors Health System Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Practice, Retail ---------------------- Practice-Owners, and Physicians directly employed by Practice-Owners, and except as otherwise provided herein, Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Practice-Owners, Physicians or Optometrists and for all goods sold by Practice or Practice-Owners in connection with the ProfessionalsNon-Ophthalmic Business, or other personnel employed or otherwise retained all for application solely in accordance with the Budget, and (iii) perform all cash management services on behalf of Practice and Practice-Owners consistent with reasonably prudent business practices. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and ancillary services provided by Practice; it being understood, however, that Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.38.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Manager, and shall cause Practice-Owners to grant an exclusive special power of attorney and appoint Business Manager, as the Practice’s 's or Practice-Owners', respectively, exclusive true and lawful agent and attorney-in-fact fact, and Business Manager hereby, and pursuant to Billing and Collection agreements between Business Manager and each Practice-Owner (which shall be deemed revoked except those Practice-Owners who are directly employed by Practice) in the event of termination for cause by form attached hereto at Exhibit 4.8(a) -------------- (the Practice"Billing and Collection Agreements"), and Retail Business Manager hereby accepts such special power of attorney and appointment, solely for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Medical Services provided or arranged by Practice to patients and for all goods sold and services provided by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation. Consistent with the foregoing, the following specifications shall apply to all billing and collection provisions of this Management Services Agreement:
(i) Business Manager will xxxx and collect in accordance with this Management Services Agreement for (A) all Medical Services and Optical other services generating Non-Ophthalmic Business Revenues rendered within any Office, and (B) all Medical Services rendered outside of the Offices of Practice except insofar as such Medical Services are to be paid for by Medicare, Medicaid, or any other governmental health program, or except insofar as such billing is not permitted by another third party payor being billed for such Medical Services; and
(ii) For Medical Services rendered outside of an Office which are to be paid for by Medicare, Medicaid, or any other governmental health program, or which are to be paid for by a third party payor that does not permit billing in accordance with Section 4.8(a)(i) hereof, Business Manager shall xxxx and collect under this Management Services Agreement for Medical Services only insofar as such services are provided by employees of Practice. Medical Services rendered outside of an Office by other than an employee of Practice, and which are to be paid for by Medicare, Medicaid, or any other governmental health program, or by another third party payor if so required by said third party payor, must be billed in the name of the provider of said services or his/her employer. In most, if not all, instances, the provider of services will be employed by a Practice-Owner, each of which shall maintain a Billing and Collection Agreement with Business Manager authorizing Business Manager to xxxx and collect on behalf of said provider or employer. Pursuant to the Services Agreements and the aforesaid Billing and Collection Agreements, all payments and proceeds of such xxxxxxxx and collections shall be deposited into an account maintained in Practice- Owner's name over which Practice-Owner has sole control (each such account shall be referred to herein as a "Practice Owner Account"). Business Manager will then automatically sweep such funds into an account selected by Business Manager and maintained in Business Manager's name (the "Depository Account"), at which time Business Manager will collect and allocate such funds to patientsPractice pursuant to the direction of Practice and in accordance with this Management Services Agreement.
(b) To Except as otherwise provided in Section 4.8(a) above, to xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patientspatients and for all goods sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation.
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in the Depository Account.
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) Subject to Section 4.8(a)(ii) above, to collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control (the "Practice Account"), or into a Practice-Owner Account, as applicable. Once deposited in such account, Practice hereby authorizes, and shall cause Practice- Owner to authorize, the government receivables to be automatically swept into the Depository Account as provided in Section 4.8(f), below. Practice shall cause the institution at which it maintains the aforementioned Practice Account to provide Business Manager with copies of all bank statements prepared with respect to such account.
(f) To deposit all amounts collected on behalf of the Practice into the Depository Account which shall be and at all times remain in the name of Business Manager, but in which Business Manager will account for such funds on a separate and distinct basis from any other funds deposited into such account by other practices for which Business Manager provides management services. Moreover, subject to Business Manager's authority to discharge its responsibilities under this Agreement, Practice or Practice- Owner, as applicable, shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account; provided, however, -------- ------- that Practice or Practice’s name-Owner, as applicable, shall have no rights in or to funds in the Depository Account that have been collected and received pursuant to Section 4.8(c). The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice covenants to transfer and deliver Practice-Owners by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice and Practice-Owners, Business Manager is acting as Practice's agent pursuant to the Account power of attorney set forth in this Section 4.8, and as Practice-Owner's agent pursuant to the power of attorney set forth in the Billing and Collection Agreements, and, except as expressly provided herein, all rights to such funds shall remain with Practice (directly or through the Services Agreements). Practice covenants, and shall cause each Physician and Optometrist to covenant, to forward any payments, notes, checks, money orders, insurance payments and any other instruments received for Medical Services provided and goods sold in connection with the Dispensary Business on or after the Original Effective Date by or on behalf of Practice or any of the Physicians or Optometrists to Business Manager for deposit into Depository Account, or covenants that Practice itself or Practice- Owners themselves will make such deposit of, all funds received by the Practice or Practice-Owners from patients or third-third party payors for billable Professional Eye Care Medical Services provided on or after the Effective Date and Optical Servicesfor services provided and goods sold in connection with the Non-Ophthalmic Business on or after the Effective Date. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice pursuant hereto or from Practice-Owners pursuant to the Billing and Collection Agreements, and pursuant to the Billing and Collection Agreements for billable Professional Eye Care Medical Services provided on or after the Effective Date or for services provided and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or goods sold in connection with the Practice’s patients by Non-Ophthalmic Business on or after the Practice in connection with its provision of Professional Eye Care Services. Retail Effective Date, Business Manager shall administerhave the right, be responsible forat any time and from time to time, to withdraw funds from the Practice Account and be obligated all owners of the Practice Account shall execute a revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Practice Account shall daily transfer the entire balance of the Practice Account to pay for all Dispensary Expenses; provided, however, that Retail the Depository Account. Practice and Business Manager hereby agree to execute from time to time such documents and instructions as shall only be liable for Dispensary Expenses required by the bank maintaining the Practice Account to effect the extent foregoing provisions and to extend or amend such documents and instructions as reasonably required to effect the intent of this Section 4.8. Any action or threatened action by Practice that materially interferes with or could materially interfere with the operation of this Section 4.8, including but not limited to, (A) any failure to deposit into, or to allow or permit Business Manager to withdraw any funds from, the Practice Account; (B) any withdrawal of any funds from the Practice Account not authorized by the express terms of this Management Services Agreement or any other written agreement executed by each of the parties; or (C) any revocation of or attempt to revoke the Transfer Order (otherwise than upon expiration or termination of this Management Services Agreement), will constitute a breach of this Agreement and will entitle Business Manager, in addition to any other remedies it may have at law or in equity, to seek a court ordered assignment of the rights provided to Business Manager pursuant to this Section 4.8 and to distribute account debtor letters to non-governmental payors instructing them to make payment directly to and in the Accountname of Business Manager for services rendered by Practice. Retail In the manner set forth in Section 4.9 hereof, Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of the Practice or Practice-Owners, and as applicable, solely for deposit into the Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services, ancillary services and for goods sold in payment of accounts receivable of connection with the PracticeNon-Ophthalmic Business.
(fh) To sign checks checks, drafts, bank notes or other instruments on behalf of the Practice and Practice-Owners, and to make withdrawals from the Depository Account for payments specified in this Retail Management Services Agreement or as requested from time to time by Practice. Throughout the Term (and as provided in Section 8.3 hereof), Practice hereby grants to Business Manager, and shall cause Practice-Owners to grant to Business Manager, an exclusive special power of attorney for the purposes stated in this Section 4.8 and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and shall cause Practice-Owners to appoint Business Manager as Practice-Owners' exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby and pursuant to the Billing and Collection Agreements accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services prior to, on or after the Effective Date and collected by Business Manager and for all goods sold by Practice in connection with the Non-Ophthalmic Business prior to, on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Offices, and/or as requested from time to time by Practice. Upon request of Retail Business Manager, the Practice shall execute and deliver, and shall cause Practice- Owners to execute and deliver to the financial institution wherein institution(s) where the Practice Account, Practice-Owner Accounts and/or Depository Account is are maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.94.8 and by Practice-Owners pursuant to the Billing and Collection Agreements. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable during the term hereof, except with Retail Business Manager’s written consentManager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this Retail Business Management Agreement has been terminatedServices Agreement, the collection, sale or release of all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collectedManager, and or the payment of all Management Fees due to Retail Business Manager have been paidas of such date pursuant to Section 6.2 hereof. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the then Practice shall execute a power of attorney and shall cause Practice-Owners to execute a power of attorney in favor of the assignee and in a the form acceptable to Retail Business Manager.of Exhibit 4.8(b) attached hereto. --------------
Appears in 1 contract
Samples: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Practice---------------------- PA, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and proceduresprocedures approved by PA, and shall use reasonable efforts to timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Dental Services provided by the Practice, the ProfessionalsPA, or other personnel Dentists employed or otherwise retained by PA. Business Manager shall advise and consult with PA regarding the Practicefees for Dental Services provided by PA; it being understood, however, that PA shall establish the fees to be charged for Dental Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3), the Practice PA hereby grants to Retail Business Manager an exclusive a special power of attorney and appoints Retail Business Manager as the Practice’s PA's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s PA's patients, in the Practice’s PA's name using the Practice’s tax identification number and on the Practice’s PA's behalf, for all billable Professional Eye Care Services and Optical Dental Services provided by the Practice PA to patients.
(b) To xxxx, in the Practice’s PA's name using the Practice’s tax identification number and on the Practice’s PA's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Shield/Blue Cross, insurance companies, Medicare, Medicaid, companies and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Dental Services provided by the Practice PA to patients.
(c) To collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of PA purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.
(d) To collect and receive, in the Practice’s PA's name and on the Practice’s PA's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, to administer such accounts including, but not limited to, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) discharging or releasing the obligors of any such accounts; (iii) suing, assigning or selling at a discount such accounts to collection agencies; or (iv) taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To deposit all amounts collected on behalf of the Practice under clause (d) above into the PA Account which shall be and at all times remain in the Practice’s PA's name. The Practice PA covenants to transfer and deliver to the Business Manager for deposit into PA Account (or, with respect to accounts receivable purchased by Business Manager, Business Manager's account) all funds received by the Practice PA from patients or third-third party payors for billable Professional Eye Care Services and Optical Dental Services. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice PA pursuant hereto for billable Professional Eye Care Services and Optical Dental Services, Retail Business Manager shall immediately deposit the same those that relate to accounts receivable covered by clause (d) above into the PA Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the PracticePA, maintaining records of such receipt and disbursement of fundsfunds in accordance with Section 4.9(b).
(ef) To take possession of, endorse in the name of the PracticePA, and deposit into the PA Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of for Dental Services that relate to accounts receivable of the Practicecovered by clause (d) above.
(fg) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticePA, and to make withdrawals from the PA Account for payments specified in this Retail Business Management Services Agreement. Upon request of Retail Business Manager, the Practice PA shall execute and deliver to the financial institution wherein the PA Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice PA pursuant to this Section 3.94.8 or pursuant to Section 4.9 of this Management Services Agreement. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire on the later of when this Retail Business Management Services Agreement has been terminated, when all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collected, and or when all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the Practice then PA shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in a form acceptable to Retail Business Managerthis Section 4.8.
Appears in 1 contract
Samples: Management Services Agreement (Castle Dental Centers Inc)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, Professionals or other personnel employed or otherwise retained by the Practice, provided that Professional Business Manager shall perform these billing and collection services only to the extent that said services are not provided to, or arranged for, the Practice by Retail Business Manager. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Professional Business Manager an exclusive special power of attorney and appoints Retail Professional Business Manager as the Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s patients, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.;
(b) To xxxx, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.;
(c) To collect and receive, in the Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Professional Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.;
(d) To deposit all amounts collected on behalf of the Practice into the Professional Practice Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Professional Practice Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Professional Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Professional Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Professional Business Manager shall only be liable for Dispensary Office Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.the
Appears in 1 contract
Samples: Professional Business Management Agreement (Eyemasters Inc)
Billing and Collection. As an agent on On behalf of and for the account of the PracticeProvider, Retail Business Manager Service Company shall establish and maintain credit and billing and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect in a timely manner all professional and other fees for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice, the Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or other personnel employed or otherwise retained similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider’s consent shall be necessary to establish the Practicefees (subject to §3.2(d), above) to be charged for Dental Care. In connection with the billing and collection services to be provided hereunder, and Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in Section 6.3§8.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Service Company as the PracticeProvider’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the PracticeProvider’s patients, in the Practiceeither Provider’s or Service Company’s name using the Practice’s tax identification number (as Service Company deems appropriate) and on the PracticeProvider’s behalf, for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(b) To xxxx, in the Practiceeither Provider’s or Service Company’s name using the Practice’s tax identification number (as Service Company deems appropriate) and on the PracticeProvider’s behalf, all claims for reimbursement or indemnification from health maintenance organizationsinsurance companies and plans, self-insured employers, insurance companies, Medicare, Medicaidall state or federally funded dental benefit plans, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(c) To collect and receive, in the Practiceeither Provider’s or Service Company’s name (as Service Company deems appropriate) and on the PracticeProvider’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager obligors shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider Consent.
(d) To deposit all amounts collected on behalf of the Practice into the Account which Provider Account. Provider shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Account Service Company all funds received by the Practice Provider from patients or third-third party payors for billable Professional Eye Care Services and Optical ServicesDental Care. Upon receipt by Retail Business Manager Service Company of any funds from patients or third-third party payors or from the Practice Provider for Dental Care pursuant hereto for billable Professional Eye Care Services and Optical Servicesto this agreement, Retail Business Manager Service Company shall immediately promptly deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticeProvider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Dental Care.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeProvider, and to make withdrawals from the Provider Account for payments specified in this Retail Business Management Agreementagreement and otherwise as agreed upon from time to time by the Parties. Upon request of Retail Business ManagerService Company, the Practice Provider shall execute and deliver to the financial institution wherein at which the Provider Account is maintained, maintained such additional documents or instruments as Service Company may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager Service Company by the Practice Provider pursuant to this Section 3.9section and §4.12. The special power of attorney granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business ManagerService Company’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement agreement has been terminated, all accounts receivable payable to Retail Business Manager purchased by Service Company pursuant to this Retail Business Management Agreement §7.7, if any, have been collected, and all Management Fees amounts due to Retail Business Manager Service Company as described in Article VII have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Billing and Collection. As an agent on On behalf of and for the account of the Practice---------------------- PC, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Dental Services provided by the Practice, the ProfessionalsPC, or other personnel Practice Providers employed or otherwise retained by PC. Business Manager shall advise and consult with PC regarding the Practicefees for Dental Services provided by PC; it being understood, however, that PC shall establish the fees to be charged for Dental Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice PC hereby grants to Retail Business Manager an exclusive a special power of attorney and appoints Retail Business Manager as the Practice’s PC's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s PC's patients, in the Practice’s PC's name using the Practice’s tax identification number and on the Practice’s PC's behalf, for all billable Professional Eye Care Services and Optical Dental Services provided by the Practice PC to patients.
(b) To xxxx, in the Practice’s PC's name using the Practice’s tax identification number and on the Practice’s PC's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Shield/Blue Cross, insurance companies, Medicare, Medicaid, companies and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Dental Services provided by the Practice PC to patients.
(c) To collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of PC purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.
(d) To collect and receive, in the Practice’s PC's name and on the Practice’s PC's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, to administer such accounts including, but not limited to, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) discharging or releasing the obligors of any such accounts; (iii) suing, assigning or selling at a discount such accounts to collection agencies; or (iv) taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To deposit all amounts collected on behalf of the Practice under clause (d) above into the PC Account which shall be and at all times remain in the Practice’s PC's name. The Practice PC covenants to transfer and deliver to the Business Manager for deposit into PC Account (or, with respect to a- counts receivable purchased by Business Manager, Business Manager's account) all funds received by the Practice PC from patients or third-third party payors for billable Professional Eye Care Services and Optical Dental Services. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice PC pursuant hereto for billable Professional Eye Care Services and Optical Dental Services, Retail Business Manager shall immediately deposit the same those that relate to accounts receivable covered by clause (d) above into the PC Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the PracticePC, maintaining records of such receipt and disbursement of fundsfunds in accordance with Section 3.9(b).
(ef) To take possession of, endorse in the name of the PracticePC, and deposit into the PC Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of for Dental Services that relate to accounts receivable of the Practicecovered by clause (d) above.
(fg) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticePC, and to make withdrawals from the PC Account for payments specified in this Retail Business Management Services Agreement. Upon request of Retail Business Manager, the Practice PC shall execute and deliver to the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice PC pursuant to this Section 3.93.8 or pursuant to Section 3.9 of this Management Services Agreement. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire on the later of when this Retail Business Management Services Agreement has been terminated, when all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collected, and or when all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the Practice then PC shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in a form acceptable to Retail Business Managerthis Section 3.8.
Appears in 1 contract
Samples: Management Services Agreement (Castle Dental Centers Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Medical Practice, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable Manager’s best efforts to timely xxxx and collect timely all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by Medical Practice or the Physicians. Provided, however, that nothing in this Agreement shall be construed as a guarantee by Manager that amounts billed will be collected. Manager shall advise and consult with Medical Practice regarding the fees for Medical Services provided by Medical Practice; it being understood, however, that Medical Practice shall establish the Professionals, or other personnel employed or otherwise retained by reasonable and customary fees to be charged for Medical Services and that Manager shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, hereunder and throughout the Term (and thereafter as provided in Section 6.38.3), the Medical Practice hereby grants to Retail Business Manager an exclusive a special power of attorney and appoints Retail Business Manager as the Medical Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) A. To xxxx the Medical Practice’s patients, patients on behalf of and in the name of Medical Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Medical Services and Optical Services provided provided-by the Medical Practice to such patients.;
(b) B. To xxxx, xxxx on behalf of and in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, of Medical Practice all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Medical Services and Optical Services provided provide by the Medical Practice to patients.; provided, however, that Physician shall comply with all third party payor requirements applicable to true and accurate coding and submission of claims for reimbursement or indemnification and patient care management in accordance with all applicable laws, rules, regulations and third parry payor requirements;
(c) C. To collect and receive, receive on behalf of and in the name of Medical Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, ; to administer such accounts including, but not limited to, : extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, obligers or assigning or selling accounts at a discount to collection agencies, shall not be undertaken except in emergency cases without the approval of Managing Physician, which approval shall not be unreasonably withheld. Retail Business Manager Lack of a written objection from Managing Physician after 5 working days shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesbe an automatic approval by the Managing Physician.
(d) D. To deposit all amounts collected on behalf of the Practice into the Account Medical Practice Account, which shall be and at all times remain in the Medical Practice’s name. The Medical Practice covenants to transfer and deliver to the Account Manager all funds received by the Medical Practice from any and all services including patients or third-party parry payors for billable Professional Eye Care Services and Optical Medical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Medical Practice pursuant hereto for billable Professional Eye Care Medical Services of Medical Practice or from other sources including grants, leases, donations, and Optical Servicesinterests received by Medical Practice, Retail Business Manager shall immediately deposit the same funds into the Medical Practice Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse the deposited funds from the Account to creditors and other persons on behalf of the Medical Practice, maintaining records of such the receipt and disbursement of funds.funds according to generally accepted accounting principles; and
(e) E. To take possession of, endorse in the name of the Medical Practice, subject to required reassignment by Physicians, and deposit into the Medical Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks for Medical Services. Medical Practice shall require all physician employees and consultants to assign to Medical Practice in writing any and all fees received by them for services rendered on behalf of the Manager or Medical Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon the request of Retail Business Manager, the Medical Practice shall execute and deliver to the financial institution wherein the Medical Practice Account is maintained, such any additional documents or instruments as that may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Medical Practice pursuant to this Section 3.9or pursuant to Section 5.10 of this Agreement. The special power of attorney granted herein in this Agreement shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Samples: Business Operations and Support Services Agreement (Radiation Therapy Services Inc)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and bill xxx collect all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, Professionals or other personnel employed or otherwise retained by the Practice, provided that Professional Business Manager shall perform these billing and collection services only to the extent that said services are not provided to, or arranged for, the Practice by Retail Business Manager. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Professional Business Manager an exclusive special power of attorney and appoints Retail Professional Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the bill xxx Practice’s 's patients, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxxbill, in xx the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and billxxxx xxx claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Professional Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Professional Practice Account which shall be and at all times remain in the Practice’s 's name. The Practice covenants to transfer and deliver to the Professional Practice Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Professional Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Professional Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Professional Business Manager shall only be liable for Dispensary Office Expenses to the extent of funds in the Professional Practice Account. Retail Professional Business Manager shall disburse funds from the Professional Practice Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Professional Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Professional Practice Account for payments specified in this Retail Professional Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Professional Practice Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Professional Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Professional Business Manager’s 's written consent. The irrevocable power of attorney shall expire when this Retail Professional Business Management Agreement has been terminated, all accounts receivable payable to Retail Professional Business Manager pursuant to this Retail Professional Business Management Agreement have been collected, and all Management Fees due to Retail Professional Business Manager have been paid. If Retail Professional Business Manager assigns this Retail Professional Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Professional Business Manager.
Appears in 1 contract
Samples: Professional Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. As an agent Manager shall, on behalf of and for the account of the PracticeProvider, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx bxxx and collect in a timely manner all professional and other fees for all billable Professional Eye Care Services and Optical Services services provided by the Practice, the Professionals, or other personnel employed or otherwise retained by the Provider at Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice Provider hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the PracticeProvider’s exclusive exclusive, true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) a. To xxxx the Practice’s patientsbxxx, in the PracticeProvider’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxx, in the Practice’s name using the Practice’s tax identification number and on the PracticeProvider’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries patients for all covered billable Professional Eye Care Services and Optical Services medical care provided by the Practice or on behalf of Provider to patientspatients at Practice.
(c) b. To negotiate and enter into contractual arrangements with entities offering such third party financing arrangements as Manager and Provider deem necessary and appropriate to facilitate payment by patients for billable medical care provided by or on behalf of Provider to patients at Practice.
c. Except as set forth in Article 5, to collect and receive, in the PracticeProvider’s name and on the PracticeProvider’s behalf, all accounts receivable generated by such xxxxxxxx bxxxxxxx and claims for reimbursement, to take possession of, endorse in the name of Provider, and deposit into Provider’s account or any other account as directed by Provider any notes, checks, money orders, and any other instruments received in payment of accounts receivable for medical care provided at Practice, to administer such accounts including, but not limited to, extending the time or payment of payment any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing material obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager agencies shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider’s consent, which shall not be unreasonably withheld.
(d) d. To deposit all amounts collected sign checks, drafts, bank notes or other instruments on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the PracticeProvider, and to make withdrawals from the Account Provider’s account for payments as specified in this Retail Business Management AgreementAgreement and as requested from time to time by Provider. Upon request of Retail Business Manager, the Practice Provider shall execute and deliver to the financial institution wherein the Account at which Provider’s account is maintained, maintained such additional documents or instruments as Manager may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9demonstrate its authority. The special power of attorney agency granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and bill xxx collect all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, or other personnel employed or otherwise retained by the Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the bill xxx Practice’s 's patients, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxxbill, in xx the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and billxxxx xxx claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; agencies-, or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s 's name. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s 's patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Samples: Retail Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. As an agent on behalf Service Company shall assist Provider with the establishment and maintenance of and for the account of the Practicecredit, Retail Business Manager shall establish and maintain credit and billing billing, and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect on behalf of Provider in a timely manner (and to the extent permitted by applicable law) all professional and other fees for all billable Professional Eye Dental Care Services and Optical Services provided by Provider. Service Company shall advise and consult with Provider regarding the Practice, the Professionals, or other personnel employed or otherwise retained fees for Dental Care provided by the PracticeProvider (including any related discounting policy). In connection with the billing and collection services to be provided hereunderunder this Agreement, and Provider hereby grants to Service Company, to the fullest extent permitted by applicable law, throughout the Term (and thereafter as provided in Section 6.38.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Service Company, to the fullest extent permitted by applicable law, as the PracticeProvider’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the PracticeProvider’s patients, in the PracticeProvider’s name using the Practice’s tax identification number and on the PracticeProvider’s behalf, for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(b) To xxxx, in the PracticeProvider’s name using the Practice’s tax identification number and on the PracticeProvider’s behalf, all claims for reimbursement or indemnification from health maintenance organizationsinsurance companies and plans, self-insured employers, insurance companies, Medicare, Medicaidall state or federally funded dental benefit plans, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(c) To collect and receive, in the PracticeProvider’s name and on the PracticeProvider’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager agencies shall act in a professional manner and in compliance not be undertaken without Provider Consent, which Provider Consent shall be deemed to have been given if the action is otherwise consistent with all federal and state fair debt Provider’s collection practices laws in rendering billing and collection servicespolicies.
(d) To deposit all amounts collected on behalf of the Practice into the Provider Account which shall be and at all times remain in the PracticeProvider’s name. The Practice covenants to Provider shall transfer and deliver to the Account Service Company all funds received by the Practice Provider from patients or third-party payors for billable Professional Eye Care Services and Optical ServicesDental Care. Upon receipt by Retail Business Manager Service Company of any funds from patients or third-party payors or from the Practice Provider for Dental Care pursuant hereto for billable Professional Eye Care Services and Optical Servicesto this Agreement, Retail Business Manager Service Company shall immediately promptly deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticeProvider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Dental Care.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeProvider, and to make withdrawals from the Provider Account for payments specified in this Retail Business Management AgreementAgreement and as requested from time to time by Provider.
(g) To designate, remove, and change such signatories on the Provider Account as Service Company deems necessary or appropriate from time to time. Upon request of Retail Business ManagerService Company, the Practice Provider shall execute and deliver to the financial institution wherein at which the Provider Account is maintained, maintained such additional documents or instruments as Service Company may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager Service Company by the Practice Provider pursuant to this section and Section 3.94.12. The special power of attorney granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business ManagerService Company’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager purchased by Service Company pursuant to this Retail Business Management Agreement Section 7.6, if any, have been collected, and all Management Fees amounts due to Retail Business Manager Service Company as described in Article VII have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Billing and Collection. As an agent on On behalf of and for the account of the Medical Practice, Retail Business Practice Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable Practice Manager’s best efforts to timely xxxx and collect timely all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by Medical Practice or the Physicians. Provided, however, that nothing in this Agreement shall be construed as a guarantee by Practice Manager that amounts billed will be collected. Practice Manager shall advise and consult with Medical Practice regarding the fees for Medical Services provided by Medical Practice; it being understood, however, that Medical Practice shall establish the Professionals, or other personnel employed or otherwise retained by reasonable and customary fees to be charged for Medical Services and that Practice Manager shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, hereunder and throughout the Term (and thereafter as provided in Section 6.38.3), the Medical Practice hereby grants to Retail Business Practice Manager an exclusive a special power of attorney and appoints Retail Business Practice Manager as the Medical Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Practice Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) A. To xxxx the Medical Practice’s patients, patients on behalf of and in the name of Medical Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Medical Services and Optical Services provided provided-by the Medical Practice to such patients.;
(b) B. To xxxx, xxxx on behalf of and in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, of Medical Practice all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Medical Services and Optical Services provided provide by the Medical Practice to patients.; provided, however, that Physician shall comply with all third party payor requirements applicable to true and accurate coding and submission of claims for reimbursement or indemnification and patient care management in accordance with all applicable laws, rules, regulations and third parry payor requirements;
(c) C. To collect and receive, receive on behalf of and in the name of Medical Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, ; to administer such accounts including, but not limited to, : extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, obligers or assigning or selling accounts at a discount to collection agencies, shall not be undertaken except in emergency cases without the approval of Managing Physician, which approval shall not be unreasonably withheld. Retail Business Manager Lack of a written objection from Managing Physician after 5 working days shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesbe an automatic approval by the Managing Physician.
(d) D. To deposit all amounts collected on behalf of the Practice into the Account Medical Practice Account, which shall be and at all times remain in the Medical Practice’s name. The Medical Practice covenants to transfer and deliver to the Account Practice Manager all funds muds received by the Medical Practice from any and all services including patients or third-party parry payors for billable Professional Eye Care Services and Optical Medical Services. Upon receipt by Retail Business Practice Manager of any funds fluids from patients or third-party payors or from the Medical Practice pursuant hereto for billable Professional Eye Care Medical Services of Medical Practice or from other sources including giants, leases, donations, and Optical Servicesinterests received by Medical Practice, Retail Business Practice Manager shall immediately deposit the same funds into the Medical Practice Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account deposited fluids to creditors and other persons on behalf of the Medical Practice, maintaining records of such the receipt and disbursement of funds.funds according to generally accepted accounting principles; and
(e) E. To take possession of, endorse in the name of the Medical Practice, subject to required reassignment by Physicians, and deposit into the Medical Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks for Medical Services. Medical Practice shall require all physician employees and consultants to assign to Medical Practice in writing any and all fees received by them for services rendered on behalf of the Practice Manager or Medical Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon the request of Retail Business Practice Manager, the Medical Practice shall execute and deliver to the financial institution wherein the Medical Practice Account is maintained, such any additional documents or instruments as that may be necessary to evidence or effect the special power of attorney granted to Retail Business Practice Manager by the Medical Practice pursuant to this Section 3.9or pursuant to Section 5.10 of this Agreement. The special power of attorney granted herein in this Agreement shall be coupled with an interest and shall be irrevocable except with Retail Business Practice Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Samples: Business Operations and Support Services Agreement (Radiation Therapy Services Holdings, Inc.)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, Professionals or other personnel employed or otherwise retained by the Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Professional Business Manager an exclusive special power of attorney and appoints Retail Professional Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxx, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Professional Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s 's name. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Professional Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Professional Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Professional Business Manager shall only be liable for Dispensary Office Expenses to the extent of funds in the Account. Retail Professional Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Professional Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Professional Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Professional Business Manager’s 's written consent. The irrevocable power of attorney shall expire when this Retail Professional Business Management Agreement has been terminated, all accounts receivable payable to Retail Professional Business Manager pursuant to this Retail Professional Business Management Agreement have been collected, and all Management Fees due to Retail Professional Business Manager have been paid. If Retail Professional Business Manager assigns this Retail Professional Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Professional Business Manager.
Appears in 1 contract
Samples: Professional Services (Eye Care Centers of America Inc)
Billing and Collection. As an agent on On behalf of and for the account of the PracticeNew PA, Retail Business Manager shall establish assist New PA in New PA's establishment and maintain maintenance of credit and billing and collection services, policies and procedures, and shall use reasonable efforts coordinate and supervise New PA personnel to ensure the timely xxxx billing and collect collection of all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by New PA or Physicians. Business Manager shall advise and consult with New PA regarding the Practicefees for Medical Services provided by New PA; it being understood, however, that New PA shall establish the Professionals, or other personnel employed or otherwise retained by fees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3), the Practice New PA hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s New PA's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx supervise and coordinate the Practice’s billing of New PA's patients, in the Practice’s name using the Practice’s tax identification number of Global P and on the Practice’s behalfbehalf of New PA or Global P, as applicable, for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice New PA to patients.
(b) To xxxx, supervise and coordinate the billing in the Practice’s Global P's name using the Practice’s tax identification number and on the Practice’s New PA's or Global P's behalf, as applicable, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Shield/Blue Cross, insurance companies, Medicare, Medicaid, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided by the Practice New PA to patients.
(c) To collect ensure the collection and receivereceipt in Business Manager's name and for Business Manager's account all accounts receivable of New PA purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.
(d) To ensure the Practice’s collection and receipt in Global P's name and on the Practice’s New PA's or Global P's behalf, as applicable, all accounts receivable generated by such xxxxxxxx and claims for reimbursementxxxx bursement that have not been purchased by Business Manager, to administer such accounts including, but not limited to, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) discharging or releasing the obligors of any such accounts; (iii) with the consent of the Policy Board, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with the consent of the Policy Board, taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesac counts.
(de) To deposit all amounts collected in Global P's name and on behalf of the Practice New PA or Global P, as applicable, into the New PA Account which shall be and at all times remain in the Practice’s New PA's name. The Practice New PA covenants to transfer and deliver to the Business Manager for deposit into New PA Account or itself to make such deposit of all funds received by the Practice New PA from patients or third-third party payors for billable Professional Eye Care Services and Optical Medical Services. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice New PA pursuant hereto for billable Professional Eye Care Services and Optical Medical Services, Retail Business Manager shall immediately immedi ately deposit the same into the New PA Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the PracticeNew PA, maintaining records of such receipt and disbursement of fundsfunds as directed by New PA.
(ef) To take possession of, endorse in the name of the PracticeNew PA or Global P, as appropriate, and deposit into the New PA Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Medical Services.
(fg) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeNew PA or Global P, as appropriate, and to make withdrawals from the New PA Account for payments specified in this Retail Business Management AgreementServices Agreement and as requested from time to time by New PA. Upon request of Retail Business Manager, the Practice New PA shall execute and deliver to the financial institution wherein the New PA Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice New PA pursuant to this Section 3.94.8 or pursuant to Section 4.9 of this Management Services Agreement. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire on the later of when this Retail Business Management Services Agreement has been terminated, when all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collected, and collected or when all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the Practice then New PA shall execute a power of attorney in favor of the assignee and in a the form acceptable to Retail Business Managerof Exhibit 4.8 attached hereto.
Appears in 1 contract
Samples: Management Services Agreement (American Oncology Resources Inc /De/)
Billing and Collection. As an agent on behalf of and for the ------------------------ account of the Practice, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect all Professional and other fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, or other personnel Professionals employed or otherwise retained by the Practice. The Practice Advisory Council shall make recommendations to and consult with Business Manager and the Practice regarding the fees for Professional Eye Care Services provided by the Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxx, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state State fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain a cash collateral account held in the name of Business Manager and shall be opened at a financial institution chosen by Business Manager. All amounts received or collected are hereby pledged to the Business Manager and shall be held or deposited in the Account to secure the performance of the Practice’s name's obligations under this Agreement. The Account shall be held under Business Manager's tax identification number. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On So long as the first day of each calendar month during Practice is in full compliance with the Term terms of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds. Business Manager may borrow amounts from the Account in excess of amounts due Business Manager pursuant to this Agreement and to the full extent of funds in the Account. Such borrowed amounts shall bear interest to the Account in the amount of six percent (6%) per annum, and any of such borrowed amounts outstanding shall be repaid by Business Manager to the Account when needed to cover all expenses and obligations under this Agreement and shall be repaid within thirty (30) days of the termination of this Agreement.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Professional Eye Care Services.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, collected and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
(g) Notwithstanding the foregoing, to the extent that the above power of attorney is inconsistent with Medicare or state Medicaid rules prohibiting payment to a party other than the Practice under a power of attorney, the following shall apply:
(i) the Practice shall create a separate bank account over which the Practice shall have sole signatory authority (the "Practice Medicare Account");
(ii) the Business Manager shall deposit all Medicare and state Medicaid program payments that are subject to these rules in the Practice Medicare Account upon receipt; and
(iii) the Practice shall instruct the applicable bank to sweep all funds from the Practice Medicare Account into the Account on a daily basis. Any revocation of the instruction to the bank concerning transferring funds from the Practice Medicare Account to the Account shall constitute a breach of this Agreement by the Practice.
(h) The Practice shall have the right to terminate any power of attorney set forth herein should there be a material breach of this Agreement by Business Manager, which is not cured within the time periods set forth herein.
Appears in 1 contract
Samples: Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. As an agent on On behalf of and for the account of the PracticePC, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and proceduresprocedures approved by PC, and shall use reasonable efforts to timely xxxx bill and collect all professional and other fees for all billable Professional Eye Care Services and Optical Services Dental Servxxxx provided by the Practice, the ProfessionalsPC, or other personnel Dentists employed or otherwise retained by PC. Business Manager shall advise and consult with PC regarding the Practicefees for Dental Services provided by PC; it being understood, however, that PC shall establish the fees to be charged for Dental Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3), the Practice PC hereby grants to Retail Business Manager an exclusive a special power of attorney and appoints Retail Business Manager as the Practice’s PC's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s bill PC's patients, in the Practice’s PC's name using the Practice’s tax identification number and on the Practice’s PC's behalf, for all billable Professional Eye Care Services and Optical Services Dental Xxxxices provided by the Practice PC to patients.
(b) To xxxxbill, in the Practice’s PC's name using the Practice’s tax identification number and on the Practice’s PC's behalf, all claims for reimbursement or indemnification xx xndem nification from health maintenance organizations, self-insured employersBlue Shield/Blue Cross, insurance companies, Medicare, Medicaid, companies and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Dental Services provided by the Practice PC to patients.
(c) To collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of PC purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.
(d) To collect and receive, in the Practice’s PC's name and on the Practice’s PC's behalf, all accounts receivable generated by such xxxxxxxx billings and claims for reimbursementreimbursement that have not been purchased bx Xxxxxxss Manager, to administer such accounts including, but not limited to, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) discharging or releasing the obligors of any such accounts; (iii) suing, assigning or selling at a discount such accounts to collection agencies; or (iv) taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To deposit all amounts collected on behalf of the Practice under clause (d) above into the PC Account which shall be and at all times remain in the Practice’s PC's name. The Practice PC covenants to transfer and deliver to the Business Manager for deposit into PC Account (or, with respect to accounts receivable purchased by Business Manager, Business Manager's account) all funds received by the Practice PC from patients or third-third party payors for billable Professional Eye Care Services and Optical Dental Services. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice PC pursuant hereto for billable Professional Eye Care Services and Optical Dental Services, Retail Business Manager shall immediately deposit the same those that relate to accounts receivable covered by clause (d) above into the PC Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the PracticePC, maintaining records of such receipt and disbursement of fundsfunds in accordance with Section 4.9(b).
(ef) To take possession of, endorse in the name of the PracticePC, and deposit into the PC Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of for Dental Services that relate to accounts receivable of the Practicecovered by clause (d) above.
(fg) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticePC, and to make withdrawals from the PC Account for payments specified in this Retail Business Management Services Agreement. Upon request of Retail Business Manager, the Practice PC shall execute and deliver to the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be necessary neces sary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice PC pursuant to this Section 3.94.8 or pursuant to Section 4.9 of this Management Services Agreement. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire on the later of when this Retail Business Management Services Agreement has been terminated, when all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collected, and or when all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the Practice then PC shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in a form acceptable to Retail Business Managerthis Section 4.8.
Appears in 1 contract
Samples: Management Services Agreement (Castle Dental Centers Inc)
Billing and Collection. As an agent Subject to Practice's ability to establish its fee schedules, on behalf of and for the account of the Practice, Retail Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Physicians or Optometrists for application solely in accordance with the ProfessionalsBudget, or other personnel employed or otherwise retained and (iii) perform all cash management services on behalf of Practice which Business Manager shall deem commercially reasonable. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and Ancillary Services provided by Practice; it being understood, however, that Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients., unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients., unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited in such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected on behalf of the Practice into the Depository Account which shall be and at all times remain in the Practice’s namename of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to the Account Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by the Practice from patients or third-third party payors for billable Professional Eye Care Medical Services and Optical Servicesprovided on or after the Effective Date. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice pursuant hereto for billable Professional Eye Care Medical Services and Optical Servicesprovided on or after the Effective Date, Retail Business Manager shall immediately deposit the same into the AccountDepository Account as soon as commercially practicable. On In the first day of each calendar month during the Term of this Retail Business Management Agreementmanner set forth in Section 4.9 hereof, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of the Practice, and solely for deposit into the Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received in as payment of accounts receivable of the Practicefor Medical Services and Ancillary Services.
(fh) To sign checks checks, drafts, bank notes or other instruments on behalf of the Practice, and to make withdrawals from the Depository Account for payments specified in this Retail Management Services Agreement or as requested from time to time by Practice. Throughout the Term (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and Ancillary Services on or after the Effective Date and collected by Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein where the Depository Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.94.8. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable during the term hereof, except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.with
Appears in 1 contract
Samples: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on On behalf of and for the account of the PracticePA, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and proceduresprocedures approved by PA, and shall use reasonable efforts to timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Dental Services provided by the Practice, the ProfessionalsPA, or other personnel Dentists employed or otherwise retained by PA. Business Manager shall advise and consult with PA regarding the Practicefees for Dental Services provided by PA; it being understood, however, that PA shall establish the fees to be charged for Dental Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3), the Practice PA hereby grants to Retail Business Manager an exclusive a special power of attorney and appoints Retail Business Manager as the Practice’s PA's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s PA's patients, in the Practice’s PA's name using the Practice’s tax identification number and on the Practice’s PA's behalf, for all billable Professional Eye Care Services and Optical Dental Services provided by the Practice PA to patients.
(b) To xxxx, in the Practice’s PA's name using the Practice’s tax identification number and on the Practice’s PA's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Shield/Blue Cross, insurance companies, Medicare, Medicaid, companies and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Dental Services provided by the Practice PA to patients.
(c) To collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of PA purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.
(d) To collect and receive, in the Practice’s PA's name and on the Practice’s PA's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, to administer such accounts including, but not limited to, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) discharging or releasing the obligors of any such accounts; (iii) suing, assigning or selling at a discount such accounts to collection agencies; or (iv) taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To deposit all amounts collected on behalf of the Practice under clause (d) above into the PA Account which shall be and at all times remain in the Practice’s PA's name. The Practice PA covenants to transfer and deliver to the Business Manager for deposit into PA Account (or, with respect to accounts receivable purchased by Business Manager, Business Manager's account) all funds received by the Practice PA from patients or third-third party payors for billable Professional Eye Care Services and Optical Dental Services. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice PA pursuant hereto for billable Professional Eye Care Services and Optical Dental Services, Retail Business Manager shall immediately deposit the same those that relate to accounts receivable covered by clause (d) above into the PA Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the PracticePA, maintaining records of such receipt and disbursement of fundsfunds in accordance with Section 4.9(b).
(ef) To take possession of, endorse in the name of the PracticePA, and deposit into the PA Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of for Dental Services that relate to accounts receivable of the Practicecovered by clause (d) above.
(fg) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticePA, and to make withdrawals from the PA Account for payments specified in this Retail Business Management Services Agreement. Upon request of Retail Business Manager, the Practice PA shall execute and deliver to the financial institution wherein the PA Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice PA pursuant to this Section 3.94.8 or pursuant to Section 4.9 of this Management Services Agreement. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire on the later of when this Retail Business Management Services Agreement has been terminated, when all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collected, and or when all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the Practice then PA shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in a form acceptable to Retail Business Managerthis Section 4.8.
Appears in 1 contract
Samples: Management Services Agreement (Castle Dental Centers Inc)
Billing and Collection. As an agent on On behalf of and for the account of the PracticeProvider, Retail Business Manager Service Company shall establish and maintain credit and billing and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect in a timely manner (and to the extent permitted by applicable law) all professional and other fees for all billable Professional Eye Dental Care Services and Optical Services provided by Dental Care Professionals. Service Company shall advise and consult with Provider regarding the Practicefees for Dental Care provided by Provider (including any related discounting policy), it being understood, however, that Provider shall establish the Professionalsfees (subject to Section 3.2(d), or other personnel employed or otherwise retained by above) to be charged for Dental Care and that Service Company shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, and Provider hereby grants to Service Company, to the extent permitted by applicable law, throughout the Term (and thereafter as provided in Section 6.38.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Service Company, to the extent permitted by applicable law, as the PracticeProvider’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the PracticeProvider’s patients, in the PracticeProvider’s name using the Practice’s tax identification number and on the PracticeProvider’s behalf, for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(b) To xxxx, in the PracticeProvider’s name using the Practice’s tax identification number and on the PracticeProvider’s behalf, all claims for reimbursement or indemnification from health maintenance organizationsinsurance companies and plans, self-insured employers, insurance companies, Medicare, Medicaidall state or federally funded dental benefit plans, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(c) To collect and receive, in the PracticeProvider’s name and on the PracticeProvider’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager agencies shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider Consent.
(d) To deposit all amounts collected on behalf of the Practice into the Provider Account which shall be and at all times remain in the PracticeProvider’s name. The Practice covenants to Provider shall transfer and deliver to the Account Service Company all funds received by the Practice Provider from patients or third-third party payors for billable Professional Eye Care Services and Optical ServicesDental Care. Upon receipt by Retail Business Manager Service Company of any funds from patients or third-third party payors or from the Practice Provider for Dental Care pursuant hereto for billable Professional Eye Care Services and Optical Servicesto this Agreement, Retail Business Manager Service Company shall immediately promptly deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticeProvider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Dental Care.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeProvider, and to make withdrawals from the Provider Account for payments specified in this Retail Business Management AgreementAgreement and as requested from time to time by Provider.
(g) To designate, remove, and change such signatories on the Provider Account as Service Company deems appropriate from time to time. Upon request of Retail Business ManagerService Company, the Practice Provider shall execute and deliver to the financial institution wherein at which the Provider Account is maintained, maintained such additional documents or instruments as Service Company may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager Service Company by the Practice Provider pursuant to this section and Section 3.94.12. The special power of attorney granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business ManagerService Company’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager purchased by Service Company pursuant to this Retail Business Management Agreement Section 7.6, if any, have been collected, and all Management Fees amounts due to Retail Business Manager Service Company as described in Article VII have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Billing and Collection. As an agent on On behalf of and for the account of the PracticeAssociation, Retail Business Manager shall establish and maintain credit and billing and collection servicespolicies, policies procedures, and proceduresforms, and shall use Manager's reasonable best efforts to timely xxxx and bill xxx collect all professional and other fees for all billable Professional Eye Care Services and Optical Dental Services provided by the Practice, the ProfessionalsAssociation, or other personnel Dentists employed by or otherwise retained associated with the Association. Manager shall advise and consult with the Association regarding the fees for Dental Services provided by the PracticeAssociation; it being understood, however, that the Association shall establish the fees to be charged for Dental Services and that Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3)this Agreement, the Practice Association hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s Association's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s bill xxx Association's patients, in the Practice’s Association's name using the Practice’s tax identification number and on the Practice’s Association's behalf, for all billable Professional Eye Care Services and Optical Dental Services provided by the Practice Association to patients.
(b) To xxxxbill, in xx the Practice’s Association's name using the Practice’s tax identification number and on the Practice’s Association's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Dental Services provided by the Practice Association to patients.
(c) To collect and receive, in the Practice’s Association's name and on the Practice’s Association's behalf, all accounts receivable generated by such xxxxxxxx and billxxxx xxx claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures deemed necessary by the Manager in its sole discretion to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, obligors or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.selling
(d) To deposit all amounts collected on behalf of the Practice into the Association Account which shall be and at all times remain in the Practice’s Association's name. The Practice Association covenants to transfer and deliver to the Account Manager all funds received directly by the Practice Association from patients or third-third party payors for billable Professional Eye Care Services and Optical Dental Services. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors payors, or from the Practice Association pursuant hereto hereto, for billable Professional Eye Care Services and Optical Dental Services, Retail Business Manager shall immediately deposit the same into the Association Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the PracticeAssociation, maintaining records of such receipt and disbursement of fundsfunds as directed by the Association.
(e) To take possession of, endorse in the name of the PracticeAssociation, and deposit into the Association Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management AgreementDental Services. Upon request of Retail Business Manager, the Practice Association shall execute and deliver to the financial institution wherein the Association Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice Association pursuant to this Section 3.93.8 or pursuant to Section 3.9 of this Agreement. The special power of attorney granted herein shall be coupled with an interest and except as hereinafter provided shall be irrevocable except with Retail Business Manager’s written consentirrevocable. The irrevocable special power of attorney shall expire when be revocable if: (i) Manager consents in writing, (ii) the Association terminates this Retail Business Management Agreement for cause under Section 6.2 and Manager has been terminated, all not purchased any of the accounts receivable payable to Retail Business of the Association, (iii) the Association terminates this Agreement for cause under Section 6.2 and Manager pursuant to has collected all of the outstanding accounts receivable it has purchased, or (iv) this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paidterminates at the end of the initial term. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, Revocation of the Practice shall execute a special power of attorney in favor of shall not affect the assignee in a form acceptable Manager's right to Retail Business Managerreceive the Management Fee.
Appears in 1 contract
Samples: Management Services Agreement (United Dental Care Inc /De/)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, Professionals or other personnel employed or otherwise retained by the PracticePractice at the Practice Locations. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Professional Business Manager an exclusive special power of attorney and appoints Retail Professional Business Manager as the Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposespurposes to the extent relating to the Practice Locations:
(a) To xxxx the Practice’s patients, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.patients at the Practice Locations;
(b) To xxxx, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.patients at the Practice Locations;
(c) To collect and receive, in the Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Professional Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.;
(d) To deposit all amounts collected on behalf of the Practice into the Professional Practice Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Professional Practice Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Servicesrendered at the Practice Locations. Upon receipt by Retail Professional Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Servicesrendered at the Practice Locations, Retail Professional Business Manager shall immediately deposit the same into the Professional Practice Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Professional Business Manager shall only be liable for Dispensary Office Expenses to the extent of funds in the Professional Practice Account. Retail Professional Business Manager shall disburse funds from the Professional Practice Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.;
(e) To take possession of, endorse in the name of the Practice, and deposit into the Professional Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.Practice relating to the Practice Locations; and
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account Professional Practice Account, for payments specified in this Retail Business Management Agreement. Upon request of Retail Professional Business Manager, the Practice shall execute and deliver to the financial institution wherein the Professional Practice Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Professional Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Professional Business Manager’s written consent, which shall be provided immediately in the event the Professional Business Manager is terminated for cause pursuant to Section 6.2(a) below. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Professional Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Professional Business Manager have been paid. If Retail Professional Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Professional Business Manager.
Appears in 1 contract
Samples: Professional Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Practice, Retail Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Physicians or Optometrists and for all goods sold by Practice in connection with the ProfessionalsDispensary Business, or other personnel employed or otherwise retained all for application solely in accordance with the Budget, and (iii) perform all cash management services on behalf of Practice which Business Manager shall deem commercially reasonable. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and ancillary services provided by Practice; it being understood, however, that Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited into such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected on behalf of the Practice into the Depository Account which shall be and at all times remain in the Practice’s namename of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to the Account Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by the Practice from patients or third-third party payors for billable Professional Eye Care Medical Services provided on or after the Effective Date and Optical Servicesfor goods sold in connection with the Dispensary Business on or after the Effective Date. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice pursuant hereto for billable Professional Eye Care Medical Services and Optical Services, Retail Business Manager shall immediately deposit provided on or after the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager Effective Date or for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or goods sold in connection with the Practice’s patients by Dispensary Business on or after the Practice in connection with its provision of Professional Eye Care Services. Retail Effective Date, Business Manager shall administerdeposit same into the Depository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of the Practice, and solely for deposit into the Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services and ancillary services and for goods sold in payment of accounts receivable of connection with the PracticeDispensary Business.
(fh) To sign checks checks, drafts, bank notes or other instruments on behalf of the Practice, and to make withdrawals from the Depository Account for payments specified in this Retail Management Services Agreement or as requested from time to time by Practice. Throughout the Term (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods sold by Practice in connection with the Dispensary Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein where the Depository Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.94.8. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable during the term hereof, except with Retail Business Manager’s written consentManager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this Retail Business Management Agreement has been terminatedServices Agreement, the collection, sale or release of all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collectedManager, and the payment of all Management Fees due to Retail Business Manager have been paidas of such date pursuant to Section 6.3 hereof. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the then Practice shall execute a power of attorney in favor of the assignee and in a the form acceptable to Retail Business Managerof Exhibit 4.8 attached hereto.
Appears in 1 contract
Samples: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on On behalf of and for the account of the PracticePhysician Group, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use Business Manager's reasonable best efforts to timely xxxx and bill xxx collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by Physician Group. Business Manager shall advise and consult with Physician Group regarding the Practicefees for Medical Services provided by Physician Group; it being understood, however, that Physician Group shall establish the Professionals, or other personnel employed or otherwise retained by fees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice Physician Group hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s Physician Group's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s bill Xxxsician Group's patients, in the Practice’s Physician Group's name using the Practice’s tax identification number and on the Practice’s Physician Group's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice Physician Group to patients.
(b) To xxxxbill, in the Practice’s xx Physician Group's name using the Practice’s tax identification number and on the Practice’s Physician Group's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Shield/Blue Cross, insurance companies, Medicare, Medicaid, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided by the Practice Physician Group to patients.
(c) To collect and receive, in the Practice’s Physician Group's name and on the Practice’s Physician Group's behalf, all accounts receivable generated by such xxxxxxxx and billxxxx xxx claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients one or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection more accounts with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the a financial institution wherein selected by Manager and approved by Physician Group (the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, "Physician Group Account") all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.revenues,
Appears in 1 contract
Samples: Management Services Agreement (Emcare Holdings Inc)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, Professionals or other personnel employed or otherwise retained by the Practice, provided that Professional Business Manager shall perform these billing and collection services only to the extent that said services are not provided to, or arranged for, the Practice by Retail Business Manager. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Professional Business Manager an exclusive special power of attorney and appoints Retail Professional Business Manager as the Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s patients, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxx, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Professional Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Professional Practice Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Professional Practice Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Professional Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Professional Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Professional Business Manager shall only be liable for Dispensary Office Expenses to the extent of funds in the Professional Practice Account. Retail Professional Business Manager shall disburse funds from the Professional Practice Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Professional Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Professional Practice Account for payments specified in this Retail Professional Business Management Agreement. Upon request of Retail Professional Business Manager, the Practice shall execute and deliver to the financial institution wherein the Professional Practice Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Professional Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Professional Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Professional Business Management Agreement has been terminated, all accounts receivable payable to Retail Professional Business Manager pursuant to this Retail Professional Business Management Agreement have been collected, and all Management Fees due to Retail Professional Business Manager have been paid. If Retail Professional Business Manager assigns this Retail Professional Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Professional Business Manager.
Appears in 1 contract
Samples: Professional Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Practice---------------------- Provider, Retail Business Manager Service Company shall establish and maintain credit and billing and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect in a timely manner all professional and other fees for all billable Professional Eye Dental Care Services and Optical Services provided by Dental Care Professionals. Service Company shall advise and consult with Provider regarding the Practicefees for Dental Care provided by Provider (including any related discounting policy), it being understood, however, that Provider shall establish the Professionalsfees (subject to (S)3.2(d), or other personnel employed or otherwise retained by above) to be charged for Dental Care and that Service Company shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, and Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in Section 6.3(S)8.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Service Company as the Practice’s Provider's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s Provider's patients, in the Practice’s Provider's name using the Practice’s tax identification number and on the Practice’s Provider's behalf, for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(b) To xxxx, in the Practice’s Provider's name using the Practice’s tax identification number and on the Practice’s Provider's behalf, all claims for reimbursement or indemnification from health maintenance organizationsinsurance companies and plans, self-insured employers, insurance companies, Medicare, Medicaidall state or federally funded dental benefit plans, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(c) To collect and receive, in the Practice’s Provider's name and on the Practice’s Provider's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager agencies shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider Consent.
(d) To deposit all amounts collected on behalf of the Practice into the Provider Account which shall be and at all times remain in the Practice’s Provider's name. The Practice covenants to Provider shall transfer and deliver to the Account Service Company all funds received by the Practice Provider from patients or third-third party payors for billable Professional Eye Care Services and Optical ServicesDental Care. Upon receipt by Retail Business Manager Service Company of any funds from patients or third-third party payors or from the Practice Provider for Dental Care pursuant hereto for billable Professional Eye Care Services and Optical Servicesto this agreement, Retail Business Manager Service Company shall immediately promptly deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticeProvider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Dental Care.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeProvider, and to make withdrawals from the Provider Account for payments specified in this Retail Business Management Agreementagreement and as requested from time to time by Provider. Upon request of Retail Business ManagerService Company, the Practice Provider shall execute and deliver to the financial institution wherein at which the Provider Account is maintained, maintained such additional documents or instruments as Service Company may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager Service Company by the Practice Provider pursuant to this Section 3.9section and (S)4.12. The special power of attorney granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.with
Appears in 1 contract
Billing and Collection. As an agent on On behalf of and for the account of the Practice, Retail Practice-Owners, and Physicians directly employed by Practice-Owners, and except as otherwise provided herein, Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Practice-Owners, Physicians or Optometrists and for all goods sold by Practice or Practice-Owners in connection with the ProfessionalsNon-Ophthalmic Business, or other personnel employed or otherwise retained all for application solely in accordance with the Budget, and (iii) perform all cash management services on behalf of Practice and Practice-Owners consistent with reasonably prudent business practices. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and ancillary services provided by Practice; it being understood, however, that Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.38.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Manager, and shall cause Practice-Owners to grant an exclusive special power of attorney and appoint Business Manager, as the Practice’s 's or Practice-Owners', respectively, exclusive true and lawful agent and attorney-in-fact fact, and Business Manager hereby, and pursuant to Billing and Collection agreements between Business Manager and each Practice-Owner (which shall be deemed revoked except those Practice-Owners who are directly employed by Practice) in the event of termination for cause by form attached hereto at Exhibit 4.8(a) (the Practice"Billing and Collection Agreements"), and Retail Business Manager hereby accepts such special power of attorney and appointment, solely for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Medical Services provided or arranged by Practice to patients and for all goods sold and services provided by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation. Consistent with the foregoing, the following specifications shall apply to all billing and collection provisions of this Management Services Agreement:
(i) Business Manager will xxxx and collect in accordance with this Management Services Agreement for (A) all Medical Services and Optical other services generating Non-Ophthalmic Business Revenues rendered within any Office, and (B) all Medical Services rendered outside of the Offices of Practice except insofar as such Medical Services are to be paid for by Medicare, Medicaid, or any other governmental health program, or except insofar as such billing is not permitted by another third party payor being billed for such Medical Services; and
(ii) For Medical Services rendered outside of an Office which are to be paid for by Medicare, Medicaid, or any other governmental health program, or which are to be paid for by a third party payor that does not permit billing in accordance with Section 4.8(a)(i) hereof, Business Manager shall xxxx and collect under this Management Services Agreement for Medical Services only insofar as such services are provided by employees of Practice. Medical Services rendered outside of an Office by other than an employee of Practice, and which are to be paid for by Medicare, Medicaid, or any other governmental health program, or by another third party payor if so required by said third party payor, must be billed in the name of the provider of said services or his/her employer. In most, if not all, instances, the provider of services will be employed by a Practice-Owner, each of which shall maintain a Billing and Collection Agreement with Business Manager authorizing Business Manager to xxxx and collect on behalf of said provider or employer. Pursuant to the Services Agreements and the aforesaid Billing and Collection Agreements, all payments and proceeds of such xxxxxxxx and collections shall be deposited into an account maintained in Practice-Owner's name over which Practice-Owner has sole control (each such account shall be referred to herein as a "Practice Owner Account"). Business Manager will then automatically sweep such funds into an account selected by Business Manager and maintained in Business Manager's name (the "Depository Account"), at which time Business Manager will collect and allocate such funds to patientsPractice pursuant to the direction of Practice and in accordance with this Management Services Agreement.
(b) To Except as otherwise provided in Section 4.8(a) above, to xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patientspatients and for all goods sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation.
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in the Depository Account.
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts.
(e) Subject to Section 4.8(a)(ii) above, to collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control (the "Practice Account"), or into a Practice-Owner Account, as applicable. Once deposited in such account, Practice hereby authorizes, and shall cause Practice- Owner to authorize, the government receivables to be automatically swept into the Depository Account as provided in Section 4.8(f), below. Practice shall cause the institution at which it maintains the aforementioned Practice Account to provide Business Manager with copies of all bank statements prepared with respect to such account.
(f) To deposit all amounts collected into the Depository Account which shall be in the name of Business Manager, but in which Business Manager will account for such funds on a separate and distinct basis from any other funds deposited into such account by other practices for which Business Manager provides management services. Moreover, subject to Business Manager's authority to discharge its responsibilities under this Agreement, Practice or Practice- Owner, as applicable, shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account; provided, however, that Practice or Practice-Owner, as applicable, shall have no rights in or to funds in the Practice shall review Depository Account that have been collected and approve (which approval shall not be unreasonably withheld) any decision by Retail received pursuant to Section 4.8(c). The parties hereto acknowledge and agree that Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected is performing cash management services on behalf of the Practice into the Account which shall be and at Practice-Owners by collecting all times remain such amounts in the Practice’s nameDepository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice covenants to transfer and deliver Practice-Owners, Business Manager is acting as Practice's agent pursuant to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager power of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of attorney set forth in this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible forSection 4.8, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses as Practice-Owner's agent pursuant to the extent power of funds attorney set forth in the AccountBilling and Collection Agreements, and, except as expressly provided herein, all rights to such funds shall remain with Practice (directly or through the Services Agreements). Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticePractice covenants, and deposit into the Account shall cause each Physician and Optometrist to covenant, to forward any payments, notes, checks, money orders, insurance payments, payments and any other instruments received for Medical Services provided and goods sold in payment of accounts receivable of connection with the Practice.
(f) To sign checks Dispensary Business on or after the Original Effective Date by or on behalf of Practice or any of the Physicians or Optometrists to Business Manager for deposit into Depository Account, or covenants that Practice itself or Practice-Owners themselves will make such deposit of, all funds received by Practice or Practice-Owners from patients or third party payors for Medical Services provided on or after the Effective Date and to make withdrawals from for services provided and goods sold in connection with the Account for payments specified in this Retail Non-Ophthalmic Business Management Agreementon or after the Effective Date. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail receipt by Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.any funds from patients or
Appears in 1 contract
Samples: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on behalf Service Company shall assist Provider with the establishment and maintenance of and for the account of the Practicecredit, Retail Business Manager shall establish and maintain credit and billing billing, and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect on behalf of Provider in a timely manner (and to the extent permitted by applicable law) all professional and other fees for all billable Professional Eye Dental Care Services and Optical Services provided by Provider. Service Company shall advise and consult with Provider regarding the Practice, the Professionals, or other personnel employed or otherwise retained fees for Dental Care provided by the PracticeProvider (including any related discounting policy). In connection with the billing and collection services to be provided hereunderunder this Agreement, and Provider hereby grants to Service Company, to the fullest extent permitted by applicable law, throughout the Term (and thereafter as provided in Section 6.38.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Service Company, to the fullest extent permitted by applicable law, as the PracticeProvider’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the PracticeProvider’s patients, in the PracticeProvider’s name using the Practice’s tax identification number and on the PracticeProvider’s behalf, for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(b) To xxxx, in the PracticeProvider’s name using the Practice’s tax identification number and on the PracticeProvider’s behalf, all claims for reimbursement or indemnification from health maintenance organizationsinsurance companies and plans, self-insured employers, insurance companies, Medicare, Medicaidall state or federally funded dental benefit plans, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(c) To collect and receive, in the PracticeProvider’s name and on the PracticeProvider’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager agencies shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider Consent.
(d) To deposit all amounts collected on behalf of the Practice into the Provider Account which shall be and at all times remain in the PracticeProvider’s name. The Practice covenants to Provider shall transfer and deliver to the Account Service Company all funds received by the Practice Provider from patients or third-third party payors for billable Professional Eye Care Services and Optical ServicesDental Care. Upon receipt by Retail Business Manager Service Company of any funds from patients or third-third party payors or from the Practice Provider for Dental Care pursuant hereto for billable Professional Eye Care Services and Optical Servicesto this Agreement, Retail Business Manager Service Company shall immediately promptly deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticeProvider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Dental Care.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeProvider, and to make withdrawals from the Provider Account for payments specified in this Retail Business Management AgreementAgreement and as requested from time to time by Provider.
(g) To designate, remove, and change such signatories on the Provider Account as Service Company deems necessary or appropriate from time to time. Upon request of Retail Business ManagerService Company, the Practice Provider shall execute and deliver to the financial institution wherein at which the Provider Account is maintained, maintained such additional documents or instruments as Service Company may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager Service Company by the Practice Provider pursuant to this section and Section 3.94.12. The special power of attorney granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business ManagerService Company’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager purchased by Service Company pursuant to this Retail Business Management Agreement Section 7.6, if any, have been collected, and all Management Fees amounts due to Retail Business Manager Service Company as described in Article VII have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Billing and Collection. As an agent on On behalf of and for the account of the Practice---------------------- Provider, Retail Business Manager Service Company shall establish and maintain credit and billing and collection services, policies and procedures, and shall use exercise reasonable efforts to timely xxxx and collect in a timely manner (and to the extent permitted by applicable law) all professional and other fees for all billable Professional Eye Dental Care Services and Optical Services provided by Dental Care Professionals. Service Company shall advise and consult with Provider regarding the Practicefees for Dental Care provided by Provider (including any related discounting policy), it being understood, however, that Provider shall establish the Professionalsfees (subject to (S)3.2(d), or other personnel employed or otherwise retained by above) to be charged for Dental Care and that Service Company shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, and Provider hereby grants to Service Company, to the extent permitted by applicable law, throughout the Term (and thereafter as provided in Section 6.3(S)8.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager Service Company, to the extent permitted by applicable law, as the Practice’s Provider's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s Provider's patients, in the Practice’s Provider's name using the Practice’s tax identification number and on the Practice’s Provider's behalf, for all billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(b) To xxxx, in the Practice’s Provider's name using the Practice’s tax identification number and on the Practice’s Provider's behalf, all claims for reimbursement or indemnification from health maintenance organizationsinsurance companies and plans, self-insured employers, insurance companies, Medicare, Medicaidall state or federally funded dental benefit plans, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Dental Care Services and Optical Services provided by the Practice or on behalf of Provider to patients.
(c) To collect and receive, in the Practice’s Provider's name and on the Practice’s Provider's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager agencies shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesnot be undertaken without Provider Consent.
(d) To deposit all amounts collected on behalf of the Practice into the Provider Account which shall be and at all times remain in the Practice’s Provider's name. The Practice covenants to Provider shall transfer and deliver to the Account Service Company all funds received by the Practice Provider from patients or third-third party payors for billable Professional Eye Care Services and Optical ServicesDental Care. Upon receipt by Retail Business Manager Service Company of any funds from patients or third-third party payors or from the Practice Provider for Dental Care pursuant hereto for billable Professional Eye Care Services and Optical Servicesto this agreement, Retail Business Manager Service Company shall immediately promptly deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticeProvider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Dental Care.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticeProvider, and to make withdrawals from the Provider Account for payments specified in this Retail Business Management Agreementagreement and as requested from time to time by Provider. Upon request of Retail Business ManagerService Company, the Practice Provider shall execute and deliver to the financial institution wherein at which the Provider Account is maintained, maintained such additional documents or instruments as Service Company may be necessary reasonably request to evidence or effect the special power of attorney granted to Retail Business Manager Service Company by the Practice Provider pursuant to this Section 3.9section and (S)4.12. The special power of attorney granted herein shall be is coupled with an interest and shall be irrevocable except with Retail Business Manager’s Service Company's written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement agreement has been terminated, all accounts receivable payable to Retail Business Manager purchased by Service Company pursuant to this Retail Business Management Agreement (S)7.7, if any, have been collected, and all Management Fees amounts due to Retail Business Manager Service Company as described in Article VII have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and collect all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, Professionals or other personnel employed or otherwise retained by the Practice, provided that Professional Business Manager shall perform these billing and collection services only to the extent that said services are not provided to, or arranged for, the Practice by Retail Business Manager. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Professional Business Manager an exclusive special power of attorney and appoints Retail Professional Business Manager as the Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s patients, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxx, in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Professional Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Professional Practice Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Professional Practice Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Professional Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Professional Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Professional Business Manager shall only be liable for Dispensary Office Expenses to the extent of funds in the Professional Practice Account. Retail Professional Business Manager shall disburse funds from the Professional Practice Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Professional Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Professional Practice Account for payments specified in this Retail Professional Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Professional Practice Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Professional Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Professional Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Professional Business Management Agreement has been terminated, all accounts receivable payable to Retail Professional Business Manager pursuant to this Retail Professional Business Management Agreement have been collected, and all Management Fees due to Retail Professional Business Manager have been paid. If Retail Professional Business Manager assigns this Retail Professional Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Professional Business Manager.
Appears in 1 contract
Samples: Professional Business Management Agreement (Eyemasters Inc)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and bill xxx collect all Professional and other fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, or other personnel Professionals employed or otherwise retained by the Practice. The Practice Advisory Council shall make recommendations to and consult with Business Manager and the Practice regarding the fees for Professional Eye Care Services provided by the Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the bill xxx Practice’s 's patients, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxxbill, in xx the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receivereceive (to the extent permitted by law), in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and billxxxx xxx claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state State fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s name. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse a cash collateral account held in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute opened at a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.financial
Appears in 1 contract
Samples: Business Management Agreement (Vision Twenty One Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Practice, Retail Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Physicians or Optometrists and for all goods and services sold or performed by Practice in connection with the ProfessionalsNon-Ophthalmic Business, or other personnel employed or otherwise retained all for application solely in accordance with the Budget, and (iii) perform all cash management services on behalf of Practice which Business Manager shall deem commercially reasonable. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and ancillary services provided by Practice; it being understood, however, that (x) Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees and (y) no new ancillary services shall be provided in the Office without Practice Consent. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding accounts receivable for Medicare and Medicaid services, to collect and receive, as the agent of Practice in Business Manager's name and for Business Manager's account, all accounts receivable of Practice purchased by Business Manager, including, without limitation, the Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(de) To collect all government program accounts receivable after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control (the "Depository Account"). Once deposited in such accounts, Practice hereby authorizes the government program accounts receivable to be automatically swept into the Depository Account.
(f) To deposit all amounts collected on behalf of the Practice into the Depository Account which shall be and at all times remain in the Practice’s namename of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to the Account Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by the Practice from patients or third-third party payors for billable Professional Eye Care Medical Services provided on or after the Effective Date and Optical Servicesfor goods and services sold by Practice in connection with the Non-Ophthalmic Business after the Effective Date. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice pursuant hereto for billable Professional Eye Care Medical Services provided on or after the Effective Date or for goods and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional services sold by Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by Non- Ophthalmic Business after the Practice in connection with its provision of Professional Eye Care Services. Retail Effective Date, Business Manager shall administerdeposit same into the Depository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of the Practice, and solely for deposit into the Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services, ancillary services and for all goods and services sold by Practice in payment of accounts receivable of connection with the PracticeNon-Ophthalmic Business.
(fh) To sign checks checks, drafts, bank notes or other instruments on behalf of the Practice, and to make withdrawals from the Depository Account for payments specified in this Retail Management Services Agreement or as requested from time to time by Practice. Throughout the Term (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein where the Depository Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special and limited power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.94.8. The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable during the term hereof, except with Retail Business Manager’s written consentManager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this Retail Business Management Agreement has been terminatedServices Agreement, the collection, sale or release of all accounts receivable payable to Retail purchased by Business Manager pursuant to this Retail Business Management Agreement have been collectedManager, and the payment of all Management Fees due to Retail Business Manager have been paidas of such date pursuant to Section 6.2 hereof. If Retail Business Manager assigns this Retail Business Management Services Agreement in accordance with its terms, the then Practice shall execute a power of attorney in favor of the assignee and in a the form acceptable to Retail Business Managerof Exhibit 4.8 attached hereto.
Appears in 1 contract
Samples: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and bill xxx collect all Professional and other fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, or other personnel Professionals employed or otherwise retained by the Practice. The Practice Advisory Council shall make recommendations to and consult with Business Manager and the Practice regarding the fees for Professional Eye Care Services provided by the Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the bill xxx Practice’s 's patients, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxxbill, in xx the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and billxxxx xxx claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state State fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain a cash collateral account held in the name of Business Manager and shall be opened at a financial institution chosen by Business Manager. All amounts received or collected are hereby pledged to the Business Manager and shall be held or deposited in the Account to secure the performance of the Practice’s name's obligations under this Agreement. The Account shall be held under Business Manager's tax identification number. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Office Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Office Expenses to the extent of funds in the AccountAccount plus any amounts borrowed by Business Manager in accordance with Section 5.4. Retail Business Manager shall disburse such deposited funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds. Business Manager may borrow amounts from the Account in excess of amounts due Business Manager pursuant to this Agreement and to the full extent of funds in the Account. Such borrowed amounts shall bear interest to the Account in the amount of six percent (6%) per annum, and any of such borrowed amounts outstanding shall be repaid by Business Manager to the Account when needed to cover all expenses and obligations under this Agreement and shall be repaid within thirty (30) days of the termination of this Agreement.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Professional Eye Care Services.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, collected and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Samples: Business Management Agreement (Vision Twenty One Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Practice, Retail Business Manager shall (i) establish and maintain credit and credit, billing and collection services, policies and procedures, and shall use reasonable efforts to (ii) timely xxxx and collect all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by the Practice, Physicians or Optometrists and for all goods sold by Practice in connection with the ProfessionalsDispensary Business, or other personnel employed or otherwise retained all for application solely in accordance with the Budget, and (iii) perform all cash management services on behalf of Practice which Business Manager shall deem commercially reasonable. Business Manager shall advise and consult with Practice regarding the fees for Medical Services and ancillary services provided by Practice; it being understood, however, that Practice shall establish the Practicefees to be charged for Medical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.37.3 hereof), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s 's patients, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To xxxx, in the Practice’s 's name using the Practice’s tax identification number and on the Practice’s 's behalf, all claims for payment, reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, Medicaid and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Medical Services provided or arranged by the Practice to patients.patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the Xxxxx Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections into the Depository Account;
(d) Subject to subparagraph (e) below, to collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts.
(e) To collect all government program receivables after such amounts have been received and deposited into the Practice Account. Once deposited in the Practice Account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account as provided in Section 4.8(f), below. Practice shall cause the institution at which it maintains the aforementioned Practice Account to provide Business Manager with copies of all bank statements prepared with respect to such account.
(f) To deposit all amounts collected into the Depository Account which shall be in the name of Business Manager, but in which Business Manager will account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices. Moreover, subject to Business Manager's authority to discharge its responsibilities under this Agreement, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account; provided, however, that the Practice shall review have no rights in or to funds in the Depository Account that have been collected and approve (which approval shall not be unreasonably withheld) any decision by Retail received pursuant to Section 4.8(c). The parties hereto acknowledge and agree that Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected is performing cash management services on behalf of the Practice into the Account which shall be and at by collecting all times remain such amounts in the Practice’s nameDepository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The Practice covenants to transfer parties further acknowledge and deliver agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the Account power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds received by the shall remain with Practice. Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible forcovenants, and be obligated shall cause each Physician and Optometrist to pay for all Dispensary Expenses; providedcovenant, howeverto forward any payments, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, payments and any other instruments received for Medical Services provided and goods sold in payment of accounts receivable of connection with the Practice.
(f) To sign checks Dispensary Business on or after the Original Effective Date by or on behalf of Practice or any of the PracticePhysicians or Optometrists to Business Manager for deposit in the Depository Account, or to directly deposit any such payments into the Depository Account. Business Manager shall have the right, at any time and from time to make withdrawals time, to withdraw funds from the Practice Account for payments specified in this Retail Business Management Agreement. Upon request and all owners of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Practice Account shall daily transfer the entire balance of the assignee in a form acceptable Practice Account to Retail the Depository Account. Practice and Business ManagerManager hereby agree to execute from time to time such documents and instructions as shall be required by the bank maintaining the Practice Account to effect the foregoing provisions and to extend or amend such documents and instructions as reasonably required to effect the intent of this Section 4.
Appears in 1 contract
Samples: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. As an agent on On behalf of and for the account of the Medical Practice, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable Manager’s best efforts to timely xxxx and collect timely all professional and other fees for all billable Professional Eye Care Services and Optical Medical Services provided by Medical Practice or the Physicians. Provided, however, that nothing in this Agreement shall be construed as a guarantee by Manager that amounts billed will be collected. Manager shall advise and consult with Medical Practice regarding the fees for Medical Services provided by Medical Practice; it being understood, however, that Medical Practice shall establish the Professionals, or other personnel employed or otherwise retained by reasonable and customary fees to be charged for Medical Services and that Manager shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, hereunder and throughout the Term (and thereafter as provided in Section 6.38.3), the Medical Practice hereby grants to Retail Business Manager an exclusive a special power of attorney and appoints Retail Business Manager as the Medical Practice’s exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) A. To xxxx the Medical Practice’s patients, patients on behalf of and in the name of Medical Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, for all billable Professional Eye Care Medical Services and Optical Services provided provided-by the Medical Practice to such patients.;
(b) B. To xxxx, xxxx on behalf of and in the Practice’s name using the Practice’s tax identification number and on the Practice’s behalf, of Medical Practice all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Cross/Blue Shield, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Medical Services and Optical Services provided provide by the Medical Practice to patients.; provided, however, that Physician shall comply with all third party payor requirements applicable to true and accurate coding and submission of claims for reimbursement or indemnification and patient care management in accordance with all applicable laws, rules, regulations and third parry payor requirements;
(c) C. To collect and receive, receive on behalf of and in the name of Medical Practice’s name and on the Practice’s behalf, all accounts receivable generated by such xxxxxxxx and claims for reimbursement, ; to administer such accounts including, but not limited to, : extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, obligers or assigning or selling accounts at a discount to collection agencies, shall not be undertaken except in emergency cases without the approval of Managing Physician, which approval shall not be unreasonably withheld. Retail Business Manager Lack of a written objection from Managing Physician after 5 working days shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection servicesbe an automatic approval by the Managing Physician.
(d) D. To deposit all amounts collected on behalf of the Practice into the Account Medical Practice Account, which shall be and at all times remain in the Medical Practice’s name. The Medical Practice covenants to transfer and deliver to the Account Manager all funds received by the Medical Practice from any and all services including patients or third-party parry payors for billable Professional Eye Care Services and Optical Medical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Medical Practice pursuant hereto for billable Professional Eye Care Medical Services of Medical Practice or from other sources including grants, leases, donations, and Optical Servicesinterests received by Medical Practice, Retail Business Manager shall immediately deposit the same funds into the Medical Practice Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse the deposited funds from the Account to creditors and other persons on behalf of the Medical Practice, maintaining records of such the receipt and disbursement of funds.fluids according to generally accepted accounting principles; and
(e) E. To take possession of, endorse in the name of the Medical Practice, subject to required reassignment by Physicians, and deposit into the Medical Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks for Medical Services. Medical Practice shall require all physician employees and consultants to assign to Medical Practice in writing any and alt fees received by them for services rendered on behalf of the Manager or Medical Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon the request of Retail Business Manager, the Medical Practice shall execute and deliver to the financial institution wherein the Medical Practice Account is maintained, such any additional documents or instruments as that may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Medical Practice pursuant to this Section 3.9or pursuant to Section 5.10 of this Agreement. The special power of attorney granted herein in this Agreement shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Samples: Business Operations and Support Services Agreement (Radiation Therapy Services Holdings, Inc.)
Billing and Collection. As an agent on On behalf of and for the account of the PracticePhysician Group, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use Business Manager's reasonable best efforts to timely xxxx and bill xxx collect all professional and other fees for all billable Professional Eye Care Services and Optical Emergency Department Services provided by Physician Group. Business Manager shall advise and consult with Physician Group regarding the Practicefees for Emergency Department Services provided by Physician Group; it being understood, however, that Physician Group shall establish the Professionals, or other personnel employed or otherwise retained by fees to be charged for Emergency Department Services and that Business Manager shall have no authority whatsoever with respect to the Practiceestablishment of such fees. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section SECTION 6.3.), the Practice Physician Group hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s Physician Group's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice)fact, and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the Practice’s bill Xxxsician Group's patients, in the Practice’s Physician Group's name using the Practice’s tax identification number and on the Practice’s Physician Group's behalf, for all billable Professional Eye Care Services and Optical Emergency Department Services provided by the Practice Physician Group to patients.
(b) To xxxxbill, in the Practice’s xx Physician Group's name using the Practice’s tax identification number and on the Practice’s Physician Group's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employersBlue Shield/Blue Cross, insurance companies, Medicare, Medicaid, and all other third-third party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Emergency Department Services provided by the Practice Physician Group to patients.
(c) To collect and receive, in the Practice’s Physician Group's name and on the Practice’s Physician Group's behalf, all accounts receivable generated by such xxxxxxxx and billxxxx xxx claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit into one or more accounts with a financial institution selected by Business Manager (the "Physician Group Account") all amounts revenues, receipts and accounts receivable collected by Business Manager on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s namePhysician Group. The Practice Physician Group covenants to transfer and deliver to the Account Business Manager all funds received by the Practice Physician Group from patients or third-third party payors for billable Professional Eye Care Services and Optical Emergency Department Services. Upon receipt by Retail Business Manager of any funds from patients or third-third party payors or from the Practice pursuant hereto Physician Group for billable Professional Eye Care Services and Optical Emergency Department Services, Retail Business Manager shall immediately deposit the same into the Physician Group Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the PracticePhysician Group, and deposit into the Physician Group Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practicefor Emergency Department Services.
(f) To sign checks checks, drafts, bank notes or other instruments on behalf of the PracticePhysician Group, and to make withdrawals from the Physician Group Account for payments the payment of Office Expenses or other costs and expenses as specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice Physician Group shall execute and deliver to the financial institution wherein the Physician Group Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice Physician Group pursuant to this Section 3.9SECTION 3.7. The special power and SECTION 3.8. of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business ManagerAgreement.
Appears in 1 contract
Samples: Management Services Agreement (Emcare Holdings Inc)
Billing and Collection. As an agent on behalf of and for the account of the Practice, Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall use reasonable efforts to timely xxxx and bill xxx collect all fees for all billable Professional Eye Care Services and Optical Services provided by the Practice, the Professionals, or other personnel employed or otherwise retained by the Practice. In connection with the billing and collection services to be provided hereunder, and throughout the Term (and thereafter as provided in Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Retail Business Manager as the Practice’s 's exclusive true and lawful agent and attorney-in-fact (which shall be deemed revoked in the event of termination for cause by the Practice), and Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To xxxx the bill xxx Practice’s 's patients, in the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, for all billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(b) To xxxxbill, in xx the Practice’s 's name using the Practice’s 's tax identification number and on the Practice’s 's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies, Medicare, Medicaid, and all other third-party payors or fiscal intermediaries for all covered billable Professional Eye Care Services and Optical Services provided by the Practice to patients.
(c) To collect and receive, in the Practice’s 's name and on the Practice’s 's behalf, all accounts receivable generated by such xxxxxxxx and billxxxx xxx claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Account which shall be and at all times remain in the Practice’s 's name. The Practice covenants to transfer and deliver to the Account all funds received by the Practice from patients or third-party payors for billable Professional Eye Care Services and Optical Services. Upon receipt by Retail Business Manager of any funds from patients or third-party payors or from the Practice pursuant hereto for billable Professional Eye Care Services and Optical Services, Retail Business Manager shall immediately deposit the same into the Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s 's patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of the Practice, and deposit into the Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable of the Practice.
(f) To sign checks on behalf of the Practice, and to make withdrawals from the Account for payments specified in this Retail Business Management Agreement. Upon request of Retail Business Manager, the Practice shall execute and deliver to the financial institution wherein the Account is maintained, such additional documents or instruments as may be necessary to evidence or effect the special power of attorney granted to Retail Business Manager by the Practice pursuant to this Section 3.9. The special power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Retail Business Manager’s 's written consent. The irrevocable power of attorney shall expire when this Retail Business Management Agreement has been terminated, all accounts receivable payable to Retail Business Manager pursuant to this Retail Business Management Agreement have been collected, and all Management Fees due to Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Samples: Retail Business Management Agreement (Eye Care Centers of America Inc)
