Common use of Billing and Collection Clause in Contracts

Billing and Collection. (i) Administrator shall, in the name of and on behalf of the Group, bill xxxients, insurance companies, Managed Care Payors, and other third-party payors and collect all fees for services rendered in connection with the Practice at the Premises or any Practice Site(s) (including all fees generated by both the Technical Operations and the Professional Operations), for services performed outside the Practice for its hospitalized patients, and for all other professional and Practice services. The Group hereby appoints Administrator for the term of this Agreement to be its true and lawful attorney-in-fact, for the following purposes: (A) to bill xxxients, insurance companies, Managed Care Payors, and other third-party payors in the Group's name and on its behalf; (B) to collect accounts receivable resulting from such billing not otherwise purchased by Administrator (as provided for in Section 3.2(e) hereof) in the Group's name and on its behalf; (C) to receive payments on behalf of the Group from insurance companies, prepayments received from health care plans, Medicare, Medicaid, Managed Care Payors and all other third-party payors; (D) to ensure the collection and receipt in Administrator's name and for Administrator's account of all accounts receivable of the Practice purchased by Administrator, and to deposit such collections in the Account; (E) to take possession of and endorse in the name of the Group and deposit into the Deposit Account (and/or in the name of an individual physician, such payment intended for purpose of payment of professional fees related to the Practice) any notes, checks, money orders, insurance payments and other instruments received in payment of accounts receivable not otherwise purchased by Administrator; and (F) upon the prior consent of the Group, which consent shall not be unreasonably withheld or delayed, to initiate the institution of legal proceedings in the name of the Group or a Physician Employee to collect any accounts and monies owed to the Group or the Physician Employee, to enforce the rights of the Group or the Physician Employee, as the case may be, as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or their fiscal intermediaries) as third-party payors. (ii) The Group hereby appoints Administrator as its true and lawful attorney-in-fact to deposit into the Deposit Account all Professional Revenues and Technical Revenues collected by Administrator as provided for in this Section 3.2(b). The Group covenants, and shall cause all Physician Employees and Physician Extender Employees to covenant, to forward any payments received with respect to any Professional Revenues or Technical Revenues generated for services provided by the Group or any of its Physician Employees and Physician Extender Employees to Administrator for deposit. Administrator shall have the right to withdraw funds from the Deposit Account and all owners of the Deposit Account shall execute a revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Deposit Account shall periodically transfer the entire balance of the Deposit Account to a separate bank account owned solely by Administrator (the "Administrator Account"). The Group and Administrator hereby agree to execute from time to time such documents and instructions as shall be required by the bank maintaining the Deposit Account and mutually agreed upon to effectuate the foregoing provisions and to extend or amend such documents and instructions. Any action by the Group that materially interferes with the operation of this Section, including but not limited to, any failure to deposit or to have Administrator deposit any

Billing and Collection. (i) Administrator shallSubject to Section 2.14 below, in the name of and on behalf of and for the Groupaccount of Practice, bill xxxientsManager shall establish and maintain credit and billing and collection policies and procedures and shall exercise reasonable efforts to xxxx and collect, insurance companiesor arrange for a third party billing and collection services company to xxxx and collect, Managed Care Payors, in a timely manner all professional and other third-party payors and collect all fees for all billable services rendered in provided by Practice. In connection with the billing and collection services to be provided hereunder, Practice at the Premises or any Practice Site(s) (including all fees generated by both the Technical Operations and the Professional Operations), for services performed outside the Practice for its hospitalized patients, and for all other professional and Practice services. The Group hereby appoints Administrator for the term of this Agreement to be Manager (or its designee) as Practice’s exclusive true and lawful attorney-in-factagent, and Manager hereby accepts such appointment, solely for the following purposes: (Aa) to bill xxxientsTo xxxx (or arrange for the billing), insurance companies, Managed Care Payors, and other third-party payors in the Group's Practice’s name and on its Practice’s behalf;, all claims for reimbursement or indemnification from patients, insurance companies and plans, all state or federally funded benefit plans and all other third party payors or fiscal intermediaries/carriers for all covered billable medical care provided by or on behalf of Practice; and (Bb) to To collect accounts receivable resulting from such billing not otherwise purchased by Administrator and receive (as provided or arrange for the collection and receipt), in Section 3.2(e) hereof) in the Group's Practice’s name and on its Practice’s behalf; (C) to receive payments on behalf of the Group from insurance companies, prepayments received from health care plans, Medicare, Medicaid, Managed Care Payors and all other third-party payors; (D) to ensure the collection and receipt in Administrator's name and for Administrator's account of all accounts receivable of generated by the Practice purchased by AdministratorPractice’s xxxxxxxx and claims for reimbursement, and to deposit such collections in the Account; (E) to take possession of and of, endorse in the name of the Group Practice, and deposit into the Deposit Account (and/or in the name of an individual physician, such payment intended for purpose of payment of professional fees related to the Practice) ’s account any notes, checks, money orders, insurance payments payments, and any other instruments received in payment of accounts receivable not otherwise purchased for medical care provided by Administrator; and (F) upon the prior consent or on behalf of the Group, which consent shall not be unreasonably withheld or delayedPractice, to initiate the institution of legal proceedings in the name of the Group or a Physician Employee to collect any administer such accounts and monies owed to the Group or the Physician Employeeincluding, to enforce the rights of the Group or the Physician Employee, as the case may be, as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or their fiscal intermediaries) as third-party payors. (ii) The Group hereby appoints Administrator as its true and lawful attorney-in-fact to deposit into the Deposit Account all Professional Revenues and Technical Revenues collected by Administrator as provided for in this Section 3.2(b). The Group covenants, and shall cause all Physician Employees and Physician Extender Employees to covenant, to forward any payments received with respect to any Professional Revenues or Technical Revenues generated for services provided by the Group or any of its Physician Employees and Physician Extender Employees to Administrator for deposit. Administrator shall have the right to withdraw funds from the Deposit Account and all owners of the Deposit Account shall execute a revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Deposit Account shall periodically transfer the entire balance of the Deposit Account to a separate bank account owned solely by Administrator (the "Administrator Account"). The Group and Administrator hereby agree to execute from time to time such documents and instructions as shall be required by the bank maintaining the Deposit Account and mutually agreed upon to effectuate the foregoing provisions and to extend or amend such documents and instructions. Any action by the Group that materially interferes with the operation of this Section, including but not limited to, extending the time or payment of any failure 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 deposit collection agencies; or taking other reasonable measures to have Administrator deposit anyrequire the payment of any such accounts. Upon request of Manager, Practice shall execute and deliver to the financial institution at which Practice’s account is maintained such additional documents or instruments as Manager may reasonably request to demonstrate its authority.

Billing and Collection. (i) Administrator shall, in the name of and on behalf of the Group, bill xxxients, insurance companies, Managed Care Payors, and other third-party payors and collect all fees for services rendered in connection with the Practice at the Premises or any Practice Site(s) (including all fees generated by both the Technical Operations and the Professional Operations), for services performed outside the Practice for its hospitalized patients, and for all other professional and Practice services. The Group hereby appoints Administrator for the term of this Agreement to be its true and lawful attorney-in-fact, for the following purposes: (A) to bill xxxients, insurance companies, Managed Care Payors, and other third-party payors in the Group's name and on its behalf; (B) to collect accounts receivable resulting from such billing not otherwise purchased by Administrator (as provided for in Section 3.2(e) hereof) in the Group's name and on its behalf; (C) to receive payments on behalf of the Group from insurance companies, prepayments received from health care plans, Medicare, Medicaid, Managed Care Payors and all other third-party payors; (D) to ensure the collection and receipt in Administrator's name and for Administrator's account of all accounts receivable of the Practice purchased by Administrator, and to deposit such collections in the Account; (E) to take possession of and endorse in the name of the Group and deposit into the Deposit Account (and/or in the name of an individual physician, such payment intended for purpose of payment of professional fees related to the Practice) any notes, checks, money orders, insurance payments and other instruments received in payment of accounts receivable not otherwise purchased by Administrator; and (F) upon the prior consent of the Group, which consent shall not be unreasonably withheld or delayed, to initiate the institution of legal proceedings in the name of the Group or a Physician Employee to collect any accounts and monies owed to the Group or the Physician Employee, to enforce the rights of the Group or the Physician Employee, as the case may be, as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or their fiscal intermediaries) as third-party payors. (ii) The Group hereby appoints Administrator as its true and lawful attorney-in-fact to deposit into the Deposit Account all Professional Revenues and Technical Revenues collected by Administrator as provided for in this Section 3.2(b). The Group covenants, and shall cause all Physician Employees and Physician Extender Employees to covenant, to forward any payments received with respect to any Professional Revenues or Technical Revenues generated for services provided by the Group or any of its Physician Employees and Physician Extender Employees to Administrator for deposit. Administrator shall have the right to withdraw funds from the Deposit Account and all owners of the Deposit Account shall execute a revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Deposit Account shall periodically transfer the entire balance of the Deposit Account to a separate bank account owned solely by Administrator (the "Administrator Account"). The Group and Administrator hereby agree to execute from time to time such documents and instructions as shall be required by the bank maintaining the Deposit Account and mutually agreed upon to effectuate the foregoing provisions and to extend or amend such documents and instructions. Any action by the Group that materially interferes with the operation of this Section, including but not limited to, any failure to deposit or to have Administrator deposit anyany Professional Revenues and/or Technical Revenues into the Deposit Account, any withdrawal of any funds from the Deposit Account not authorized by the express terms of this Agreement or any other written agreement executed by each of the parties, or any revocation of or attempt to revoke the Transfer Order (otherwise than upon expiration or termination of this Agreement), will constitute a breach of this Agreement and will entitle Administrator, 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 Administrator pursuant to subparagraph (i) above. (iii) All monies shall be accounted for by Administrator as being distinctly attributable to the Group. The Group may perform the functions or exercise the rights set forth in this Section 3.2(b) only with the prior written consent of Administrator. The Group shall execute such documents in form and substance as approved by Administrator and its legal counsel to permit Administrator to exercise the rights and powers granted to Administrator pursuant to this Section 3.2(b). The Group shall cooperate with, and at the request of Administrator shall provide reasonable assistance to, Administrator with the functions set forth herein. In the performance of the services described in this Section 3.2(b), Administrator shall use commercially reasonable efforts to collect such professional fees and shall comply with all applicable Managed Care Contracts and all applicable laws, rules and regulations.

Billing and Collection. (i) Administrator shall, in the name of and on behalf of the Group, bill xxxients, insurance companies, Managed Care Payors, and other third-party payors and collect all fees for services rendered in connection with the Practice at the Premises or any Practice Site(s) (including all fees generated by both the Technical Operations and the Professional Operations), for services performed outside the Practice for its hospitalized patients, and for all other professional and Practice services. The Group hereby appoints Administrator for the term of this Agreement to be its true and lawful attorney-in-fact, for the following purposes: (A) to timely bill xxxients, insurance companies, Managed Care Payors, and other third-party payors in the Group's name and on its behalf; (B) to collect accounts receivable resulting from such billing not otherwise purchased by Administrator (as provided for in Section 3.2(e) hereof) in the Group's name and on its behalf, and to deposit such collections in the Deposit Account; (C) to receive payments on behalf of the Group from insurance companies, prepayments received from health care plans, Medicare, Medicaid, Managed Care Payors and all other third-party payors, and to deposit such payments in the Deposit Account; (D) to ensure the collection and receipt in Administrator's name and for Administrator's account of all accounts receivable of the Practice purchased by Administrator, and to deposit such collections in the Administrator Account; (E) to take possession of and endorse in the name of the Group and deposit into the Deposit Account (and/or in the name of an individual physician, such payment intended for purpose of payment of professional fees related to the Practice) any notes, checks, money orders, insurance payments and other instruments received in payment of accounts receivable of the Group not otherwise purchased by Administrator; and (F) upon the prior consent of the Group, which consent shall not be unreasonably withheld or delayed, to initiate the institution of legal proceedings in the name of the Group or a Physician Employee to collect any accounts and monies owed to the Group or the Physician Employee, to enforce the rights of the Group or the Physician Employee, as the case may be, as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or their fiscal intermediaries) as third-party payors. (ii) The Group hereby appoints Administrator as its true and lawful attorney-in-fact to deposit into the Deposit Account all Professional Revenues and Technical Revenues collected by Administrator as provided for in this Section 3.2(b). The Group covenants, and shall cause all Physician Employees and Physician Extender Employees to covenant, to forward any payments received with respect to any Professional Revenues or Technical Revenues generated for services provided by the Group or any of its Physician Employees and Physician Extender Employees to Administrator for deposit. Administrator shall have the right to withdraw funds from the Deposit Account and all owners of the Deposit Account shall execute a revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Deposit Account shall periodically transfer the entire balance of the Deposit Account to a separate bank account owned solely by Administrator (the "Administrator Account"). The Group and Administrator hereby agree to execute from time to time such documents and instructions as shall be required by the bank maintaining the Deposit Account and mutually agreed upon to effectuate the foregoing provisions and to extend or amend such documents and instructions. Any action by the Group that materially interferes with the operation of this Section, including but not limited to, any failure to deposit or to have Administrator deposit any

Billing and Collection. (i) Administrator shall, in the name of and on behalf of the Group, bill xxxients, insurance companies, Managed Care Payors, and other third-party payors and collect all fees for services rendered in connection with the Practice at the Premises or any Practice Site(s) (including all fees generated by both the Technical Operations and the Professional Operations), for services performed outside the Practice for its hospitalized patients, and for all other professional and Practice services. The Group hereby appoints Administrator for the term of this Agreement to be its true and lawful attorney-in-fact, for the following purposes: (A) to bill xxxients, insurance companies, Managed Care Payors, and other third-party payors in the Group's name and on its behalf; (B) to collect accounts receivable resulting from such billing not otherwise purchased by Administrator (as provided for in Section 3.2(e) hereof) in the Group's name and on its behalf; (C) to receive payments on behalf of the Group from insurance companies, prepayments received from health care plans, Medicare, Medicaid, Managed Care Payors and all other third-party payors; (D) to ensure the collection and receipt in Administrator's name and for Administrator's account of all accounts receivable of the Practice purchased by Administrator, and to deposit such collections in the Account; (E) to take possession of and endorse in the name of the Group and deposit into the Deposit Account (and/or in the name of an individual physician, such payment intended for purpose of payment of professional fees related to the Practice) any notes, checks, money orders, insurance payments and other instruments received in payment of accounts receivable not otherwise purchased by Administrator; and (F) upon the prior consent of the Group, which consent shall not be unreasonably withheld or delayed, to initiate the institution of legal proceedings in the name of the Group or a Physician Employee to collect any accounts and monies owed to the Group or the Physician Employee, to enforce the rights of the Group or the Physician Employee, as the case may be, as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or their fiscal intermediaries) as third-party payors. (ii) The Group hereby appoints Administrator as its true and lawful attorney-in-fact to deposit into the Deposit Account all Professional Revenues and Technical Revenues collected by Administrator as provided for in this Section 3.2(b). The Group covenants, and shall cause all Physician Employees and Physician Extender Employees to covenant, to forward any payments received with respect to any Professional Revenues or Technical Revenues generated for services provided by the Group or any of its Physician Employees and Physician Extender Employees to Administrator for deposit. Administrator shall have the right to withdraw funds from the Deposit Account and all owners of the Deposit Account shall execute a revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Deposit Account shall periodically transfer the entire balance of the Deposit Account to a separate bank account owned solely by Administrator (the "Administrator Account"). The Group and Administrator hereby agree to execute from time to time such documents and instructions as shall be required by the bank maintaining the Deposit Account and mutually agreed upon to effectuate the foregoing provisions and to extend or amend such documents and instructions. Any action by the Group that materially interferes with the operation of this Section, including but not limited to, any failure to deposit or to have Administrator deposit anyany Professional Revenues and/or Technical Revenues into the Deposit Account, any withdrawal of any funds from the Deposit Account not authorized by the express terms of this Agreement or any other written agreement executed by each of the parties, or any revocation of or attempt to revoke the Transfer Order (otherwise than upon expiration or termination of this Agreement), will constitute a breach of this Agreement and will entitle Administrator, 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 Administrator pursuant to subparagraph (i) above. (iii) All monies shall be accounted for by Administrator as being distinctly