Common use of Billing and Collection Clause in Contracts

Billing and Collection. On behalf of and for the account of PC, Business Manager shall establish and maintain credit and billing and collection policies and procedures, and shall timely bill and collect all professional and other fees for all Dental Servxxxx provided by PC, or Dentists retained by PC. Business Manager shall advise and consult with PC regarding the fees 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 7.3), PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, for the following purposes: (a) To bill PC's patients, in PC's name and on PC's behalf, for all Dental Xxxxices provided by PC to patients. (b) To bill, in PC's name and on PC's behalf, all claims for reimbursement xx xndem nification from Blue Shield/Blue Cross, insurance companies and all other third party payors or fiscal intermediaries for all covered billable Dental Services provided by 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 PC's name and on PC's behalf, all accounts receivable generated by such billings and claims for reimbursement 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. (e) To deposit all amounts collected under clause (d) above into PC Account which shall be and at all times remain in PC's name. PC covenants to transfer and deliver to 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 PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b). (f) To take possession of, endorse in the name of PC, and deposit into the PC Account any notes, checks, money orders, insurance payments, and any other instruments received in payment for Dental Services that relate to accounts receivable covered by clause (d) above. (g) To sign checks, drafts, bank notes or other instruments on behalf of PC, and to make withdrawals from the PC Account for payments specified in this Management Services Agreement. Upon request of Business Manager, PC shall execute and deliver to the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be neces sary to evidence or effect the special and limited power of attorney granted to Business Manager by PC pursuant to this Section 4.8 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 Business Manager's written consent. The irrevocable power of attorney shall expire on the later of when this Management Services Agreement has been terminated, when all accounts receivable purchased by Business Manager have been collected, or when all Management Fees due to Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PC shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in this Section 4.8.

Appears in 1 contract

Samples: Management Services Agreement (Castle Dental Centers Inc)

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Billing and Collection. On behalf EMR will provide billing and accounts receivable collection services including, without limitation, billing patients of The Ambulance for services rendered, making claims for reimbursement from Medicare, Medicaid, and other third-party payers. The Ambulance appoints EMR for the account of PC, Business Manager shall establish and maintain credit and billing and collection policies and procedures, and shall timely bill and collect all professional and other fees for all Dental Servxxxx provided by PC, or Dentists retained by PC. Business Manager shall advise and consult with PC regarding the fees for Dental Services provided by PC; it being understood, however, that PC shall establish the fees term hereof 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 7.3), PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive their true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointmentagent, for the following purposes: (ai) To bill PC's patients, patients in PC's the name and provider number of The Ambulance and on PC's its behalf, for all Dental Xxxxices provided by PC to patients.; (bii) To bill, collect accounts receivable resulting from such billing in PC's the name and on PC's behalf, all claims for reimbursement xx xndem nification from Blue Shield/Blue Cross, insurance companies and all other third party payors or fiscal intermediaries for all covered billable Dental Services provided by PC to patients.of The Ambulance; (ciii) To collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of PC purchased by Business Managerpayments from insurance companies, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name. (d) To collect and receiveMedicare, in PC's name and on PC's behalfMedicaid, all accounts receivable generated by such billings other third-party payers and claims for reimbursement 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 patients; (iv) taking other measures To either work with the Ambulance’s financial institution that receives payments and correspondence from insurance carriers, or to require the payment of any such accounts. (e) To deposit all amounts collected under clause (d) above into PC Account which shall be and at all times remain in PC's name. PC covenants to transfer and deliver to 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 PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b). (f) To actually take possession of, of and endorse in the name of PCThe Ambulance, and deposit into the PC Account such payment intended for purpose of payment of an ambulance bill, any notes, checks, money orders, insurance payments, and any other instruments received in payment for Dental Services that relate to of accounts receivable covered and deposit all monies resulting from the operation of the billing program into a bank account registered to The Ambulance. In either case, Authorized signers of this account are members, officers, or employees of The Ambulance; EMR will have no access to this bank account; (v) To assist legal Counsel retained by clause The Ambulance, only upon prior written authorization from The Ambulance, with the institution of legal or administrative proceedings in the name of The Ambulance to collect any accounts and monies owed to The Ambulance, to enforce the rights of The Ambulance as a creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (dor its fiscal intermediaries) aboveas third-party payers. (gvi) To sign checks, drafts, bank notes or Make adjustments for uncollectible accounts in a reasonable and consistent manner as approved by The Ambulance. All adjustments made for professional courtesies and other instruments on behalf of PC, and to make withdrawals from the PC Account for payments specified in this Management Services Agreement. Upon request of Business Manager, PC shall execute and deliver to the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be neces sary to evidence or effect the special and limited power of attorney granted to Business Manager by PC pursuant to this Section 4.8 or pursuant to Section 4.9 of this Management Services Agreement. The special and limited power of attorney granted herein activities that do not generate a collectible fee shall be coupled with an interest and shall be irrevocable except with Business Manager's written consent. The irrevocable power of attorney shall expire on the later of when this Management Services Agreement has been terminated, when all accounts receivable purchased by Business Manager have been collected, or when all Management Fees due to Business Manager have been paid. If Business Manager assigns this Management Services Agreement done in accordance with its termsthe direction of The Ambulance. EMR will not be responsible for initiating any collection procedures to the patient other than written follow up notices or direct phone calls, then PC shall execute unless both Parties otherwise agree in a power of attorney separate written agreement. (vii) For delinquent accounts, and only upon The Ambulance's prior written direction, refer claims to collection agencies and instituting legal proceedings in favor connection with any bill or claim (viii) Within fifteen (15) days of the assignee including substantially last business day of each month, EMR will provide to The Ambulance a complete written report for the same terms set forth in this Section 4.8preceding calendar month which summarizes all billing produced, number of accounts and dollar amounts of accounts collected, number of accounts and dollar amounts outstanding and number of accounts and dollar amounts closed for that month.

Appears in 1 contract

Samples: Services Agreement

Billing and Collection. On behalf of and for the account of PC, Business Manager shall establish and maintain credit and billing and collection policies and procedures, and shall timely bill xxxx and collect all professional and other fees for all Dental Servxxxx Services provided by PC, or Dentists employed or otherwise retained by PC. Business Manager shall advise and consult with PC regarding the fees 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 7.36.3), PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, for the following purposes: (a) To bill xxxx PC's patients, in PC's name and on PC's behalf, for all Dental Xxxxices Services provided by PC to patients. (b) To billxxxx, in PC's name and on PC's behalf, all claims for reimbursement xx xndem nification or indemnification from Blue Shield/Blue Cross, insurance companies and all other third party payors or fiscal intermediaries for all covered billable Dental Services provided by 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 PC's name and on PC's behalf, all accounts receivable generated by such billings xxxxxxxx and claims for reimbursement that have not been purchased bx Xxxxxxss 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. (e) To deposit all amounts collected under clause (d) above into PC Account which shall be and at all times remain in PC's namename or in the name of Business Manager. PC covenants to transfer and deliver to 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 PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b3.9(b). (f) To take possession of, endorse in the name of PC, and deposit into the PC Account any notes, checks, money orders, insurance payments, and any other instruments received in payment for Dental Services that relate to accounts receivable covered by clause (d) above. (g) To sign checks, drafts, bank notes or other instruments on behalf of PC, and to make withdrawals from the PC Account for payments specified in this Management Services Agreement. Upon request of Business Manager, PC shall execute and deliver to the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be neces sary necessary to evidence or effect the special and limited power of attorney granted to Business Manager by PC pursuant to this Section 4.8 3.8 or pursuant to Section 4.9 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 Business Manager's written consent. The irrevocable power of attorney shall expire on the later of when this Management Services Agreement has been terminated, when all accounts receivable purchased by Business Manager have been collected, or when all Management Fees due to Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PC shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in this Section 4.83.8.

Appears in 1 contract

Samples: Management Services Agreement (Castle Dental Centers Inc)

Billing and Collection. On (i) To the extent permitted by law and at Administrator’s sole discretion, Administrator shall directly xxxx and collect from patients, insurance companies, Managed Care Payors and other third-party payors for professional supervision and interpretation fee charges and technical fee charges incurred in connection with services rendered at the Premises (the “Facility Charges”) both prior to and during the term of this Agreement. Administrator will deposit all collections from Facility Charges directly into the Administrator Account. (ii) To the extent required by law, if Administrator does not directly xxxx and collect Facility Charges pursuant to Section 3.2(b)(i) above, and during any transition period while Administrator is obtaining IDTF status at a particular Practice Site, Administrator shall, in the name of and on behalf of and for the account of PCGroup, Business Manager shall establish and maintain credit and billing and collection policies and proceduresxxxx patients, insurance companies, Managed Care Payors, and shall timely bill other third-party payors and collect all professional and other fees for all Dental Servxxxx provided by PC, or Dentists retained by PC. Business Manager shall advise and consult with PC regarding the fees 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 services rendered in connection with the billing Practice at the Premises or any Practice Site(s) (including all fees generated by both the Technical Operations and collection the Professional Operations), for services performed outside the Practice for its hospitalized patients, and for all other professional and Practice services, whether rendered prior to or during the term of this Agreement, except for the Facility Charges to the extent Administrator bills and collects such Facility Charges pursuant to Section 3.2(b)(i) above. Administrator will deposit all collections from this Section 3.2(b)(ii) directly into the Deposit Account. The Group hereby appoints Administrator for the term of this Agreement to be provided hereunder, and throughout the Term (and thereafter as provided in Section 7.3), PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive its true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, for the following purposes: (aA) To bill PC's to xxxx patients, insurance companies, Managed Care Payors, and other third-party payors in PC's the Group’s name and on PC's its behalf, for all Dental Xxxxices provided by PC to patients.; (bB) To bill, to collect accounts receivable resulting from such billing not otherwise purchased by Administrator (as provided for in PC's Section 3.2(e) hereof) in the Group’s name and on PC's its behalf; (C) to receive payments on behalf of the Group from insurance companies, all claims for reimbursement xx xndem nification prepayments received from Blue Shield/Blue Crosshealth care plans, insurance companies Medicare, Medicaid, Managed Care Payors and all other third third-party payors or fiscal intermediaries for all covered billable Dental Services provided by PC to patients.payors; (cD) To collect to ensure the collection and receive receipt in Business Manager's Administrator’s name and for Business Manager's Administrator’s account of all accounts receivable of PC the Practice purchased by Business ManagerAdministrator, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.into the Deposit Account; (dE) To collect and receive, in PC's name and on PC's behalf, all accounts receivable generated by such billings and claims for reimbursement 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. (e) To deposit all amounts collected under clause (d) above into PC Account which shall be and at all times remain in PC's name. PC covenants to transfer and deliver to 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 PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b). (f) To take possession of, of and endorse in the name of PC, the Group and deposit into the PC 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, payments and any other instruments received in payment for Dental Services that relate to of accounts receivable covered not otherwise purchased by clause Administrator; and (dF) 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. (iii) 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 Professional Revenues and/or Technical Revenues (other than the collections related to the Facility Charges) 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. (giv) To sign checks, drafts, bank notes or other instruments on behalf of PC, and to make withdrawals from the PC Account for payments specified in this Management Services Agreement. Upon request of Business Manager, PC shall execute and deliver to the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be neces sary to evidence or effect the special and limited power of attorney granted to Business Manager by PC pursuant to this Section 4.8 or All monies collected pursuant to Section 4.9 of this Management Services Agreement. The special and limited power of attorney granted herein 3.2(b)(ii) shall be coupled with an interest and shall be irrevocable except with Business Manager's written consent. accounted for by Administrator as being distinctly attributable to the Group. (v) The irrevocable power of attorney shall expire on Group may perform the later of when this Management Services Agreement has been terminated, when all accounts receivable purchased by Business Manager have been collected, functions or when all Management Fees due to Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PC shall execute a power of attorney in favor of exercise the assignee including substantially the same terms rights set forth in this Section 4.83.2(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 the payments billed on behalf of the Group pursuant to Section 3.2(b)(ii), and shall comply with all applicable Managed Care Contracts and all applicable laws, rules and regulations.

Appears in 1 contract

Samples: Service Agreement (Radiologix Inc)

Billing and Collection. On behalf of (i) To the extent permitted by law and for the account of PCat Administrator's sole discretion, Business Manager Administrator shall establish and maintain credit and billing and collection policies and procedures, and shall timely directly bill and collect all professional from patients, insurance companies, Managed Care Paxxxx and other third-party payors for professional supervision and interpretation fee charges and technical fee charges incurred in connection with services rendered at the Premises (the "Facility Charges") both prior to and during the term of this Agreement. Administrator will deposit all collections from Facility Charges directly into the Administrator Account. (ii) To the extent required by law or if Administrator does not directly bill and collect Facility Charges pursuant to Section 3.2(b)(i) abovx, Xdministrator shall, in the name of and on behalf of the Group, bill patients, insurance companies, Managed Care Payors, and other txxxx-party payors and collect fees for all Dental Servxxxx provided by PC, or Dentists retained by PC. Business Manager shall advise and consult with PC regarding the fees 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 in connection with the billing services performed at the Premises or any Practice Site(s) (including fees generated by both the Technical Operations and collection services the Professional Operations), whether rendered prior to or during the term of this Agreement, except for the Facility Charges to the extent Administrator bills and collects such Facility Charges pursuant to subsection (b)(i) above. Administrator will deposit all collections from this subsection (b)(ii) directly into the Deposit Account. The Group hereby appoints Administrator for the term of this Agreement to be provided hereunder, and throughout the Term (and thereafter as provided in Section 7.3), PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive its true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, for the following purposes: (aA) To to bill PC's patients, insurance companies, Managed Care Payors, and other txxxx-party payors in PCthe Group's name and on PC's its behalf, for all Dental Xxxxices provided by PC to patients.; (bB) To bill, to collect accounts receivable resulting from such billing not otherwise purchased by Administrator (as provided for in PCSection 3.2(e) hereof) in the Group's name and on PC's its behalf; (C) to receive payments on behalf of the Group from insurance companies, all claims for reimbursement xx xndem nification prepayments received from Blue Shield/Blue Crosshealth care plans, insurance companies Medicare, Medicaid, Managed Care Payors and all other third third-party payors or fiscal intermediaries for all covered billable Dental Services provided by PC to patients.payors; (cD) To collect to ensure the collection and receive receipt in Business ManagerAdministrator's name and for Business ManagerAdministrator's account of all accounts receivable of PC the Group purchased by Business ManagerAdministrator, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.into the Deposit Account; (dE) To collect and receive, in PC's name and on PC's behalf, all accounts receivable generated by such billings and claims for reimbursement 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. (e) To deposit all amounts collected under clause (d) above into PC Account which shall be and at all times remain in PC's name. PC covenants to transfer and deliver to 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 PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b). (f) To take possession of, of and endorse in the name of PC, the Group and deposit into the PC Deposit Account (and/or in the name of an individual physician, such payment intended for purpose of payment of professional fees related to the Group) any notes, checks, money orders, insurance payments, payments and any other instruments received in payment for Dental Services that relate to of accounts receivable covered not otherwise purchased by clause Administrator; and (dF) 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. (iii) 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 Section 3.2(b)(ii). 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 Professional Revenues and/or Technical Revenues (other than the collections related to the Facility Charges) 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. (giv) To sign checks, drafts, bank notes All monies collected pursuant to Section 3.2(b)(ii) above shall be accounted for by Administrator as being distinctly attributable to the Group. (v) The Group may perform the functions or other instruments on behalf exercise the rights set forth in Section 3.2(b)(ii) only with the prior written consent of PC, and to make withdrawals from the PC Account for payments specified in this Management Services AgreementAdministrator. Upon request of Business Manager, PC The Group shall execute such documents in form and deliver substance as approved by Administrator and its legal counsel to permit Administrator to exercise the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be neces sary to evidence or effect the special rights and limited power of attorney powers granted to Business Manager by PC Administrator pursuant to this Section 4.8 or pursuant to Section 4.9 of this Management Services Agreement3.2(b). The special Group shall cooperate with, and limited power at the request of attorney granted herein Administrator shall be coupled provide reasonable assistance to, Administrator with an interest and shall be irrevocable except with Business Manager's written consentthe functions set forth herein. The irrevocable power of attorney shall expire on In the later of when this Management Services Agreement has been terminated, when all accounts receivable purchased by Business Manager have been collected, or when all Management Fees due to Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PC shall execute a power of attorney in favor performance of the assignee including substantially the same terms set forth services described in this Section 4.83.2(b), Administrator shall use commercially reasonable efforts to collect the payments received on behalf of the Group pursuant to subsection (b)(ii) and shall comply with all applicable Managed Care Contracts and all applicable laws, rules and regulations.

Appears in 1 contract

Samples: Service Agreement (Radiologix Inc)

Billing and Collection. On behalf of and for the account of PC, Business Manager shall establish and maintain credit and billing and collection policies and procedures, and shall timely bill and collect all professional and other fees for all Dental Servxxxx provided by PC, or Dentists employed or otherwise retained by PC. Business Manager shall advise and consult with PC regarding the fees 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 7.3), PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, for the following purposes: (a) To bill PC's patients, in PC's name and on PC's behalf, for all Dental Xxxxices provided by PC to patients. (b) To bill, in PC's name and on PC's behalf, all claims for reimbursement xx xndem nification from Blue Shield/Blue Cross, insurance companies and all other third party payors or fiscal intermediaries for all covered billable Dental Services provided by 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 PC's name and on PC's behalf, all accounts receivable generated by such billings and claims for reimbursement 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. (e) To deposit all amounts collected under clause (d) above into PC Account which shall be and at all times remain in PC's name. PC covenants to transfer and deliver to 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 PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b). (f) To take possession of, endorse in the name of PC, and deposit into the PC Account any notes, checks, money orders, insurance payments, and any other instruments received in payment for Dental Services that relate to accounts receivable covered by clause (d) above. (g) To sign checks, drafts, bank notes or other instruments on behalf of PC, and to make withdrawals from the PC Account for payments specified in this Management Services Agreement. Upon request of Business Manager, PC shall execute and deliver to the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be neces sary to evidence or effect the special and limited power of attorney granted to Business Manager by PC pursuant to this Section 4.8 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 Business Manager's written consent. The irrevocable power of attorney shall expire on the later of when this Management Services Agreement has been terminated, when all accounts receivable purchased by Business Manager have been collected, or when all Management Fees due to Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PC shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in this Section 4.8.

Appears in 1 contract

Samples: Management Services Agreement (Castle Dental Centers Inc)

Billing and Collection. On (i) To the extent permitted by law and at Administrator's sole discretion, Administrator shall directly xxxx and collect from patients, insurance companies, Managed Care Payors and other third-party payors for professional supervision and interpretation fee charges and technical fee charges incurred in connection with services rendered at the Premises (the "Facility Charges") both prior to and during the term of this Agreement. Administrator will deposit all collections from Facility Charges directly into the Administrator Account. (ii) To the extent required by law or if Administrator does not directly xxxx and collect Facility Charges pursuant to Section 3.2(b)(i) above, Administrator shall, in the name of and on behalf of and for the account of PCGroup, Business Manager shall establish and maintain credit and billing and collection policies and proceduresxxxx patients, insurance companies, Managed Care Payors, and shall timely bill other third-party payors and collect all professional and other fees for all Dental Servxxxx provided by PC, or Dentists retained by PC. Business Manager shall advise and consult with PC regarding the fees 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 in connection with the billing services performed at the Premises or any Practice Site(s) (including fees generated by both the Technical Operations and collection services the Professional Operations), whether rendered prior to or during the term of this Agreement, except for the Facility Charges to the extent Administrator bills and collects such Facility Charges pursuant to subsection (b)(i) above. Administrator will deposit all collections from this subsection (b)(ii) directly into the Deposit Account. The Group hereby appoints Administrator for the term of this Agreement to be provided hereunder, and throughout the Term (and thereafter as provided in Section 7.3), PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive its true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, for the following purposes: (aA) To bill PC's to xxxx patients, insurance companies, Managed Care Payors, and other third-party payors in PCthe Group's name and on PC's its behalf, for all Dental Xxxxices provided by PC to patients.; (bB) To bill, to collect accounts receivable resulting from such billing not otherwise purchased by Administrator (as provided for in PCSection 3.2(e) hereof) in the Group's name and on PC's its behalf; (C) to receive payments on behalf of the Group from insurance companies, all claims for reimbursement xx xndem nification prepayments received from Blue Shield/Blue Crosshealth care plans, insurance companies Medicare, Medicaid, Managed Care Payors and all other third third-party payors or fiscal intermediaries for all covered billable Dental Services provided by PC to patients.payors; (cD) To collect to ensure the collection and receive receipt in Business ManagerAdministrator's name and for Business ManagerAdministrator's account of all accounts receivable of PC the Group purchased by Business ManagerAdministrator, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.into the Deposit Account; (dE) To collect and receive, in PC's name and on PC's behalf, all accounts receivable generated by such billings and claims for reimbursement 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. (e) To deposit all amounts collected under clause (d) above into PC Account which shall be and at all times remain in PC's name. PC covenants to transfer and deliver to 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 PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b). (f) To take possession of, of and endorse in the name of PC, the Group and deposit into the PC Deposit Account (and/or in the name of an individual physician, such payment intended for purpose of payment of professional fees related to the Group) any notes, checks, money orders, insurance payments, payments and any other instruments received in payment for Dental Services that relate to of accounts receivable covered not otherwise purchased by clause Administrator; and (dF) 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. (iii) 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 Section 3.2(b)(ii). 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 Professional Revenues and/or Technical Revenues (other than the collections related to the Facility Charges) 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. (giv) To sign checks, drafts, bank notes All monies collected pursuant to Section 3.2(b)(ii) above shall be accounted for by Administrator as being distinctly attributable to the Group. (v) The Group may perform the functions or other instruments on behalf exercise the rights set forth in Section 3.2(b)(ii) only with the prior written consent of PC, and to make withdrawals from the PC Account for payments specified in this Management Services AgreementAdministrator. Upon request of Business Manager, PC The Group shall execute such documents in form and deliver substance as approved by Administrator and its legal counsel to permit Administrator to exercise the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be neces sary to evidence or effect the special rights and limited power of attorney powers granted to Business Manager by PC Administrator pursuant to this Section 4.8 or pursuant to Section 4.9 of this Management Services Agreement3.2(b). The special Group shall cooperate with, and limited power at the request of attorney granted herein Administrator shall be coupled provide reasonable assistance to, Administrator with an interest and shall be irrevocable except with Business Manager's written consentthe functions set forth herein. The irrevocable power of attorney shall expire on In the later of when this Management Services Agreement has been terminated, when all accounts receivable purchased by Business Manager have been collected, or when all Management Fees due to Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PC shall execute a power of attorney in favor performance of the assignee including substantially the same terms set forth services described in this Section 4.83.2(b), Administrator shall use commercially reasonable efforts to collect the payments received on behalf of the Group pursuant to subsection (b)(ii) and shall comply with all applicable Managed Care Contracts and all applicable laws, rules and regulations.

Appears in 1 contract

Samples: Service Agreement (Radiologix Inc)

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Billing and Collection. On behalf of and for the account of PC, Business Manager shall establish and maintain credit and billing and collection policies and procedures, and shall timely bill and collect all professional and other fees for all Dental Servxxxx Servixxx provided by PC, or Dentists employed or otherwise retained by PC. Business Manager shall advise and consult with PC regarding the fees 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 7.3), PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, for the following purposes: (a) To bill PC's patients, in PC's name and on PC's behalf, for all Dental Xxxxices Sxxxxces provided by PC to patients. (b) To bill, in PC's name and on PC's behalf, all claims for reimbursement xx xndem nification ox xxdemnification from Blue Shield/Blue Cross, insurance companies and all other third party payors or fiscal intermediaries for all covered billable Dental Services provided by 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 PC's name and on PC's behalf, all accounts receivable generated by such billings and claims for reimbursement that have not been purchased bx Xxxxxxss by Xxxxxxxs 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. (e) To deposit all amounts collected under clause (d) above into PC Account which shall be and at all times remain in PC's name. PC covenants to transfer and deliver to 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 PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b). (f) To take possession of, endorse in the name of PC, and deposit into the PC Account any notes, checks, money orders, insurance payments, and any other instruments received in payment for Dental Services that relate to accounts receivable covered by clause (d) above. (g) To sign checks, drafts, bank notes or other instruments on behalf of PC, and to make withdrawals from the PC Account for payments specified in this Management Services Agreement. Upon request of Business Manager, PC shall execute and deliver to the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be neces sary necessary to evidence or effect the special and limited power of attorney granted to Business Manager by PC pursuant to this Section 4.8 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 Business Manager's written consent. The irrevocable power of attorney shall expire on the later of when this Management Services Agreement has been terminated, when all accounts receivable purchased by Business Manager have been collected, or when all Management Fees due to Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PC shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in this Section 4.8.

Appears in 1 contract

Samples: Management Services Agreement (Castle Dental Centers Inc)

Billing and Collection. On behalf of (i) To the extent permitted by law and for the account of PCat Administrator's sole discretion, Business Manager Administrator shall establish and maintain credit and billing and collection policies and procedures, and shall timely directly bill and collect all professional from patients, insurance companies, Managed Care Payxxx and other third-party payors for professional supervision and interpretation fee charges and technical fee charges incurred in connection with services rendered at the Premises (the "Facility Charges") both prior to and during the term of this Agreement. Administrator will deposit all collections from Facility Charges directly into the Administrator Account. (ii) To the extent required by law or if Administrator does not directly bill and collect Facility Charges pursuant to Section 3.2(b)(i) above, Xxministrator shall, in the name of and on behalf of the Group, bill patients, insurance companies, Managed Care Payors, and other thxxx-party payors and collect fees for all Dental Servxxxx provided by PC, or Dentists retained by PC. Business Manager shall advise and consult with PC regarding the fees 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 in connection with the billing services performed at the Premises or any Practice Site(s) (including fees generated by both the Technical Operations and collection services the Professional Operations), whether rendered prior to or during the term of this Agreement, except for the Facility Charges to the extent Administrator bills and collects such Facility Charges pursuant to subsection (b)(i) above. Administrator will deposit all collections from this subsection (b)(ii) directly into the Deposit Account. The Group hereby appoints Administrator for the term of this Agreement to be provided hereunder, and throughout the Term (and thereafter as provided in Section 7.3), PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive its true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, for the following purposes: (aA) To to bill PC's patients, insurance companies, Managed Care Payors, and other thxxx-party payors in PCthe Group's name and on PC's its behalf, for all Dental Xxxxices provided by PC to patients.; (bB) To bill, to collect accounts receivable resulting from such billing not otherwise purchased by Administrator (as provided for in PCSection 3.2(e) hereof) in the Group's name and on PC's its behalf; (C) to receive payments on behalf of the Group from insurance companies, all claims for reimbursement xx xndem nification prepayments received from Blue Shield/Blue Crosshealth care plans, insurance companies Medicare, Medicaid, Managed Care Payors and all other third third-party payors or fiscal intermediaries for all covered billable Dental Services provided by PC to patients.payors; (cD) To collect to ensure the collection and receive receipt in Business ManagerAdministrator's name and for Business ManagerAdministrator's account of all accounts receivable of PC the Group purchased by Business ManagerAdministrator, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.into the Deposit Account; (dE) To collect and receive, in PC's name and on PC's behalf, all accounts receivable generated by such billings and claims for reimbursement 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. (e) To deposit all amounts collected under clause (d) above into PC Account which shall be and at all times remain in PC's name. PC covenants to transfer and deliver to 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 PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b). (f) To take possession of, of and endorse in the name of PC, the Group and deposit into the PC Deposit Account (and/or in the name of an individual physician, such payment intended for purpose of payment of professional fees related to the Group) any notes, checks, money orders, insurance payments, payments and any other instruments received in payment for Dental Services that relate to of accounts receivable covered not otherwise purchased by clause Administrator; and (dF) 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. (iii) 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 Section 3.2(b)(ii). 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. 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 transfer the entire balance of the Deposit Account to a separate bank account owned solely by Administrator (the "Administrator Account") on a daily basis. 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 Professional Revenues and/or Technical Revenues (other than the collections related to the Facility Charges) 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. (giv) To sign checks, drafts, bank notes All monies collected pursuant to Section 3.2(b)(ii) above shall be accounted for by Administrator as being distinctly attributable to the Group. (v) The Group may perform the functions or other instruments on behalf exercise the rights set forth in Section 3.2(b)(ii) only with the prior written consent of PC, and to make withdrawals from the PC Account for payments specified in this Management Services AgreementAdministrator. Upon request of Business Manager, PC The Group shall execute such documents in form and deliver substance as approved by Administrator and its legal counsel to permit Administrator to exercise the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be neces sary to evidence or effect the special rights and limited power of attorney powers granted to Business Manager by PC Administrator pursuant to this Section 4.8 or pursuant to Section 4.9 of this Management Services Agreement3.2(b). The special Group shall cooperate with, and limited power at the request of attorney granted herein Administrator shall be coupled provide reasonable assistance to, Administrator with an interest and shall be irrevocable except with Business Manager's written consentthe functions set forth herein. The irrevocable power of attorney shall expire on In the later of when this Management Services Agreement has been terminated, when all accounts receivable purchased by Business Manager have been collected, or when all Management Fees due to Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PC shall execute a power of attorney in favor performance of the assignee including substantially the same terms set forth services described in this Section 4.83.2(b), Administrator shall use commercially reasonable efforts to collect the payments billed on behalf of the Group pursuant to subsection (b)(ii) and shall comply with all applicable Managed Care Contracts and all applicable laws, rules and regulations.

Appears in 1 contract

Samples: Service Agreement (Radiologix Inc)

Billing and Collection. On behalf of and for the account of PC, Business Manager shall establish and maintain credit and billing and collection policies and procedures, and shall timely bill and collect all professional and other fees for all Dental Servxxxx provided by PC, or Dentists employed or otherwise retained by PC. Business Manager shall advise and consult with PC regarding the fees 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 7.3)Term, PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, for the following purposes: (a) To bill PC's patients, in PC's name and on PC's behalf, for all Dental Xxxxices provided by PC to patients. (b) To bill, in PC's name and on PC's behalf, all claims for reimbursement xx xndem nification from Blue Shield/Blue Cross, insurance companies and all other third party payors or fiscal intermediaries for all covered billable Dental Services provided by 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 PC's name and on PC's behalf, all accounts receivable generated by such billings and claims for reimbursement 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. (ed) To deposit all amounts collected under clause (dc) above into PC Account which shall be and at all times remain in PC's name. PC covenants to transfer and deliver to 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 PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b). (fe) To take possession of, endorse in the name of PC, and deposit into the PC Account any notes, checks, money orders, insurance payments, and any other instruments received in payment for Dental Services that relate to accounts receivable covered by clause (d) above. (g) To sign checks, drafts, bank notes or other instruments on behalf of PC, and to make withdrawals from the PC Account for payments specified in this Management Services Agreementreceivable. Upon request of Business Manager, PC shall execute and deliver to the financial institution wherein the PC Account is maintained, such additional documents or instruments as may be neces sary to evidence or effect the special and limited power nature of attorney granted to Business Manager by PC pursuant to this Section 4.8 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 Business Manager's written consent. The irrevocable power of attorney shall expire on the later of when this Management Services Agreement has been terminated, when all accounts receivable purchased by Business Manager have been collected, or when all Management Fees due to Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance relationship with its terms, then PC shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in this Section 4.8as described herein.

Appears in 1 contract

Samples: Management Services Agreement (Castle Dental Centers Inc)

Billing and Collection. On (a) Administrator shall, on behalf of and for the account of PC, Business Manager shall establish and maintain credit and billing and assist the PC in establishing collection policies and procedures, procedures and shall timely bill bxxx patients, insurance companies (if any) and other third-party payors (if any) in the name of the PC and collect all the professional and other fees for all Dental Servxxxx provided services rendered by PC, or Dentists retained by the PC. Business Manager shall advise and consult with The PC regarding hereby appoints Administrator for the fees for Dental Services provided by PC; it being understood, however, that PC shall establish the fees term of this Agreement 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 7.3), PC hereby grants to Business Manager a special power of attorney and appoints Business Manager as PC's exclusive its true and lawful agent and attorney-in-fact, and Business Manager hereby Administrator accepts such special power of attorney and appointment, for the following limited purposes: (ai) To bill to bxxx patients and third party payors in the PC's patients, in PC's ’s name and on PC's its behalf, for all Dental Xxxxices provided by PC to patients.; (b) To bill, in PC's name and on PC's behalf, all claims for reimbursement xx xndem nification from Blue Shield/Blue Cross, insurance companies and all other third party payors or fiscal intermediaries for all covered billable Dental Services provided by 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 PC's name and on PC's behalf, all accounts receivable generated by such billings and claims for reimbursement 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 to collect accounts receivable resulting from billing in the obligors of any such accounts; (iii) suing, assigning or selling at a discount such accounts PC’s name and to collection agencies; or (iv) taking other measures to require the payment of any such accounts. (e) To deposit all amounts collected under clause (d) above in the PC’s name and on behalf of the PC into the PC Account (as defined in Section 6.3), which shall be and at all times remain in the PC's name’s name and control. The PC covenants to deposit into, or to transfer and deliver to Business Manager the Administrator for immediate deposit into into, the PC Account (orall cash received, with respect to including patient co-payments, co-insurance and deductibles and accounts receivable purchased by Business Manager, Business Manager's account) all funds received by PC from patients or third party payors for Dental Services. Upon receipt by Business Manager of any funds from patients or third party payors or from PC pursuant hereto for Dental Services, Business Manager shall immediately deposit those that relate to accounts receivable covered by clause (d) above into the PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b)receivable. (fiii) To to contest and defend, using legal counsel selected by the PC and reimbursed directly by the PC, in any forum, any allegation of improper billing practices by the PC or its employees arising out of billing for services provided by Administrator; and (iv) to take possession of, and endorse in the name of PC, and deposit into the PC Account (and/or in the name of an individual Provider) any notes, checks, money orders, insurance payments, orders and any other instruments received in payment for Dental Services that relate to of accounts receivable covered by clause (d) abovereceivable. (gb) To sign checks, drafts, bank notes or other instruments on behalf The Administrator may not institute legal proceedings in the name of the PC to collect any accounts and monies owed to the PC, and to make withdrawals from enforce the rights of the PC Account for payments specified as creditor under any contract or in this Management Services Agreementconnection with the rendering of any service. These decisions shall be made by the PC after consultation with the Administrator. The PC shall execute any and all documents required to effectuate the limited power of attorney granted herein. (c) Upon request of Business Managerthe Administrator, the PC shall execute and deliver to the financial institution wherein the PC Account (as defined in Section 6.3) is maintained, such additional documents or instruments as may be neces sary necessary to evidence or effect the special and limited power of attorney granted to Business Manager the Administrator by the PC pursuant to this Section 4.8 or pursuant to Section 4.9 of this Management Services Agreement. 3.7. (d) The special and limited power of attorney granted herein shall be coupled with an interest and shall be irrevocable except with Business Manager's written consent. The irrevocable power of attorney shall expire on the later latest of when the date that (i) this Management Services Agreement has been is terminated, when (ii) all accounts receivable purchased by Business Manager loan payments due under loans between the Administrator and the PC have been collectedsatisfied, or when (iii) all Management Administrative Services Fees as defined in Paragraph 6.1 due to Business Manager the Administrator have been paid. If Business Manager assigns this Management Services Agreement in accordance with its termsNotwithstanding anything to the contrary herein, then the PC shall execute a have the right to revoke the power of attorney in favor the event of a termination of this Agreement, but in the event that it does so prior to the satisfaction of the assignee including substantially the same terms set forth circumstances in subsections (ii) and (iii) of this Section 4.8Paragraph 3.7(d), then it shall be in default of this Agreement.

Appears in 1 contract

Samples: Administrative and Management Services Agreement (Patient Access Solutions, Inc.)

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