Management Services and Administration. 3.1.1 The PC acknowledges and agrees that the Management Services and Facilities will be provided to PC and Physician on a non-exclusive basis and that such Management Services and the Facilities will be shared by other entities and/or medical practices ("Co-Occupants"). Management Company will allocate resources and its personnels' time so as to meet reasonably the needs of PC, Physician and the Co-Occupants. Notwithstanding anything herein to the contrary, nothing herein shall obligate Management Company to devote all of its personnel at the Facilities and Management Services to PC, Physician and Co-Occupants, to the exclusion of anyone of them. 3.1.2 PC hereby appoints Management Company as PC's sole and exclusive manager and administrator of all its day-to-day business functions and grants Management Company all the necessary authority to carry out, with PC's advice and consent, its duties and responsibilities pursuant to the terms of this Agreement to provide the Management Services on a non-exclusive basis. Physician-Employees and only Physician-Employees will perform the medical functions of the Medical Practice. Management Company will have no authority, directly or indirectly, to perform, and will not perform, any medical function. 3.1.3 Management Company will, on behalf of PC, xxxx patients and collect professional fees for Infertility Services rendered by PC at the Facilities, outside the Facilities for PC's hospitalized patients, and for all other Infertility Services rendered by any Physician- Employee or Other Professional Employee. PC hereby appoints Management Company for the term hereof to be its true and lawful attorney-in-fact, for the following purposes: (i) to xxxx patients in PC's name and on its behalf; (ii) to collect Receivables resulting from such billing in PC's name and on its behalf; (iii) to receive payments from insurance companies, prepayments received from health care plans, and all other third-party payors; (iv) to take possession of and endorse in the name of PC (and/or in the name of any Physician-Employee or Other Professional Employee rendering Infertility Services to patients of PC) any notes, checks, money orders, and other instruments received in payment of Receivables; and (v) to initiate the institution of legal proceedings in the name of PC, with PC's advice and consent, to collect any accounts and monies owed to PC, to enforce the rights of PC as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or its fiscal intermediaries) as third-party payors. 3.1.4 Management Company will provide the administrative services function of supervising and maintaining (on behalf of PC) all files and records relating to the operations of the Facilities, including but not limited to accounting and billing records, including for billing purposes, patient medical records, and collection records. Patient medical records shall at all times be and remain the property of PC and shall be located at the Facilities and be readily accessible for patient care. Management Company's management of all files and records shall comply with all applicable state and federal laws and regulations, including without limitation, those pertaining to confidentiality of patient records. The medical records of each patient shall be expressly deemed confidential and shall not be made available to any third party except in compliance with all applicable laws, rules and regulations. Management Company shall have access to such records in order to provide the Management Services hereunder, to perform billing functions, and to prepare for the defense of any lawsuit in which those records may be relevant. The obligation to maintain the confidentiality of such records shall survive termination of this Agreement. PC shall have unrestricted access to all of its records at all times. 3.1.5 Management Company will supply to PC all reasonably necessary clerical, accounting, bookkeeping and computer services, printing, postage and duplication services, medical transcribing services, and any other necessary or appropriate administrative services reasonably necessary for the efficient operation of PC's businesses at the Facilities. 3.1.6 Subject to PC's prior approval, Management Company shall design and implement an appropriate marketing and public relations program on behalf of PC, with appropriate emphasis on public awareness of the availability of Infertility Services from PC. The public relations program shall be conducted in compliance with applicable laws and regulations governing advertising by the medical profession. PC shall approve all advertising and marketing materials prior to use. 3.1.7 Management Company, upon request of PC, will assist PC in recruiting additional physicians, including such administrative functions as advertising for and identifying potential candidates, checking credentials, and arranging interviews; provided, however, PC shall interview and make the ultimate decision as to the suitability of any physician to become associated with PC. All physicians recruited by Management Company and accepted by PC shall be employees of or independent contractors to PC. 3.1.8 Management Company will assist PC in negotiating any managed care contracts to which either Provider desires to become a party. Management Company will provide administrative assistance to PC in fulfilling their respective obligations under any such contract. 3.1.9 Management Company will arrange for legal and accounting services as may be reasonably required in the ordinary course of PC's operations, including the cost of enforcing any physician contract containing restrictive covenants. 3.1.10 Management Company will negotiate for and cause premiums to be paid with respect to the insurance provided for in Article 10. 3.1.11 Management Company will take such other reasonable actions to collect fees and pay expenses of the Facilities in a timely manner as are deemed reasonably necessary to facilitate the operations of PC at the Facilities.
Appears in 1 contract
Management Services and Administration. 3.1.1 The PC acknowledges and agrees that the Management Services and Facilities will be provided to PC and Physician on a non-exclusive basis and that such Management Services and the Facilities will be shared by other entities and/or medical practices ("Co-Occupants"). Management Company will allocate resources and its personnels' time so as to meet reasonably the needs of PC, Physician and the Co-Occupants. Notwithstanding anything herein to the contrary, nothing herein shall obligate Management Company to devote all of its personnel at the Facilities and Management Services to PC, Physician and Co-Occupants, to the exclusion of anyone of them.
3.1.2 PC hereby appoints Management Company INMD as PC's sole and exclusive manager and administrator of all of its day-to-day business functions and grants Management Company INMD all the necessary authority to carry out, with PC's advice and consent, out its duties and responsibilities pursuant to the terms of this Agreement to provide the Management Services on a non-exclusive basisAgreement. Physician-Employees PC and only Physician-Employees PC will perform the medical functions of the Medical Practiceits practice. Management Company INMD will have no authority, directly or indirectly, to perform, and will not perform, any medical function. INMD may, however, advise PC as to the relationship between its performance of medical functions and the overall administrative and business functioning of its practice. To the extent that they assist PC in performing medical functions, all Technical Employees provided by INMD shall be subject to the professional supervision of PC. The parties agree that the "Decision-Making Authority for Integrated Entities Criteria" developed by the California Medical Association which provides a framework for compliance with the California corporate practice proscriptions shall be utilized by the parties as a guide with respect to the management and administration services to be provided under this Agreement.
3.1.3 Management Company will3.1.2 INMD shall, on behalf of PC, xxxx patients and collect professional fees for Infertility Services rendered by PC at the Facilities, outside the Facilities for PC's hospitalized patients, and for all other Infertility Services rendered by any Physician- Physician Employee or Other Professional Employee. PC hereby appoints Management Company INMD for the term hereof to be its true and lawful attorney-in-fact, for the following purposes: (i) to xxxx patients in PC's name and on its behalf; (ii) to collect Receivables accounts receivable resulting from such billing in PC's name and on its behalf; (iii) to receive payments from insurance companies, prepayments received from health care plans, and all other third-party payors; (iv) to take possession of and endorse in the name of PC (and/or in the name of any Physician-Physician Employee or Other Professional Employee rendering Infertility Services to patients of PC) any notes, checks, money orders, and other instruments received in payment of Receivablesaccounts receivable; and (v) to initiate the institution of legal proceedings in the name of PC, with PC's advice and consent, PC to collect any accounts and monies owed to PC, to enforce the rights of PC as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or its fiscal intermediaries) as third-party payors.
3.1.4 Management Company will provide the administrative services function of supervising 3.1.3 INMD shall supervise and maintaining maintain (on behalf of PC) all files and records relating to the operations of the Facilities, including but not limited to accounting and billing records, including for billing purposes, patient medical records, and collection records. Patient medical records shall at all times be and remain the property of PC and shall be located at the Facilities and be readily accessible for patient care. Management CompanyINMD's management of all files and records shall comply with all applicable state and federal laws and regulations, including without limitation, those pertaining to confidentiality of patient records. The medical records of each patient shall be expressly deemed confidential and shall not be made available to any third party except in compliance with all applicable laws, rules and regulations. Management Company INMD shall have access to such records in order to provide the Management Services services hereunder, to perform billing functions, and to prepare for the defense of any lawsuit in which those records may be relevant. The obligation to maintain the confidentiality of such records shall survive termination of this Agreement. PC shall have unrestricted access to all of its records at all times.
3.1.5 Management Company will 3.1.4 INMD shall supply to PC all reasonably necessary clerical, accounting, bookkeeping and computer services, printing, postage and duplication services, medical transcribing services, and any other necessary or appropriate administrative services reasonably necessary for the efficient operation of PC's businesses medical practice at the Facilities.
3.1.6 3.1.5 Subject to PC's prior approval, Management Company INMD shall design and implement an appropriate marketing and public relations program on behalf of PC, with appropriate emphasis on public awareness of the availability of Infertility Services from PC. The public relations program shall be conducted in compliance with applicable laws and regulations governing advertising by the medical profession. PC shall approve all advertising and marketing materials prior to use.
3.1.7 Management Company, upon request of PC, will 3.1.6 INMD shall assist PC in recruiting additional physicians, including such administrative functions as advertising for and identifying potential candidates, checking credentials, and arranging interviews; provided, however, PC shall interview and make the ultimate decision as to the suitability of any physician to become associated with PC. All physicians recruited by Management Company INMD and accepted by PC shall be employees of or independent contractors to PC.
3.1.8 Management Company will 3.1.7 INMD shall assist PC in negotiating any negotiating, but shall not enter into, and shall administer all managed care contracts to which either Provider desires to become a party. Management Company will provide on behalf of PC and shall consult with PC on all administrative assistance to PC in fulfilling their respective obligations under any such contractmatters relating thereto.
3.1.9 Management Company will 3.1.8 INMD shall arrange for legal and accounting services as may be reasonably required in the ordinary course of the PC's operationsoperation, including the cost of enforcing any physician contract containing restrictive covenants. Nothing contained herein is intended to authorize INMD to settle any claim made by or against PC.
3.1.10 Management Company will 3.1.9 INMD shall negotiate for and cause premiums to be paid with respect to the insurance provided for in Article 10.
3.1.11 Management Company will 3.1.10 INMD shall take such other reasonable actions to collect fees and pay expenses of the Facilities in a timely manner as are deemed reasonably necessary to facilitate the operations operation of PC PC's medical practice at the Facilities.
Appears in 1 contract
Management Services and Administration. 3.1.1 The PC acknowledges and agrees that the Management Services and Facilities will be provided to PC and Physician on a non-exclusive basis and that such Management Services and the Facilities will be shared by other entities and/or medical practices ("Co-Occupants"). Management Company will allocate resources and its personnels' time so as to meet reasonably the needs of PC, Physician and the Co-Occupants. Notwithstanding anything herein to the contrary, nothing herein shall obligate Management Company to devote all of its personnel at the Facilities and Management Services to PC, Physician and Co-Occupants, to the exclusion of anyone of them.
3.1.2 PC hereby appoints Management Company INMD as PC's sole and exclusive manager and administrator of all of its day-to-day business functions and grants Management Company INMD all the necessary authority to carry out, with PC's advice and consent, out its duties and responsibilities pursuant to the terms of this Agreement to provide the Management Services on a non-exclusive basisAgreement. Physician-Employees PC and only Physician-Employees PC will perform the medical functions of the Medical Practiceits practice. Management Company INMD will have no authority, directly or indirectly, to perform, and will not perform, any medical function. INMD may, however, advise PC as to the relationship between its performance of medical functions and the overall administrative and business functioning of its practice.
3.1.3 Management Company will3.1.2 INMD shall, on behalf of PC, xxxx patients and collect professional fees for Infertility Services rendered by PC at the Facilities, outside the Facilities for PC's hospitalized patients, and for all other Infertility Services rendered by any Physician- Physician Employee or Other Professional Employee. PC hereby appoints Management Company INMD for the term hereof to be its true and lawful attorney-in-fact, for the following purposes: (i) to xxxx patients in PC's name and on its behalf; (ii) to collect Receivables accounts receivable resulting from such billing in PC's name and on its behalf; (iii) to receive payments from insurance companies, prepayments received from health care plans, and all other third-third- party payors; (iv) to take possession of and endorse in the name of PC (and/or in the name of any Physician-Physician Employee or Other Professional Employee rendering Infertility Services to patients of PC) any notes, checks, money orders, and other instruments received in payment of Receivablesaccounts receivable; and (v) with the consent of the PC, not to be unreasonably withheld, to initiate the institution of legal proceedings in the name of PC, with PC's advice and consent, PC to collect any accounts and monies owed to PC, to enforce the rights of PC as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or its fiscal intermediaries) as third-party payors.
3.1.4 Management Company will provide the administrative services function of supervising 3.1.3 INMD shall supervise and maintaining maintain (on behalf of PC) all files and records relating to the operations of the Facilities, including but not limited to accounting and billing records, including for billing purposes, patient medical records, and collection records. Patient medical records shall at all times be and remain the property of PC and shall be located at the Facilities and be readily accessible for patient care. Management CompanyINMD's management of all files and records shall comply with all applicable state and federal laws and regulations, including without limitation, those pertaining to confidentiality of patient records. The medical records of each patient shall be expressly deemed confidential and shall not be made available to any third party except in compliance with all applicable laws, rules and regulations. Management Company INMD shall have access to such records in order to provide the Management Services services hereunder, to perform billing functions, and to prepare for the defense of any lawsuit in which those records may be relevant. The obligation to maintain the confidentiality of such records shall survive termination of this Agreement. PC shall have unrestricted access to all of its records at all times.
3.1.5 Management Company will 3.1.4 INMD shall supply to PC all reasonably necessary clerical, accounting, bookkeeping and computer services, printing, postage and duplication services, medical transcribing services, and any other necessary or appropriate administrative services reasonably necessary for the efficient operation of PC's businesses medical practice at the Facilities.
3.1.6 3.1.5 Subject to PC's prior approval, Management Company INMD shall design and implement an appropriate marketing and public relations program on behalf of PC, with appropriate emphasis on public awareness of the availability of Infertility Services from PC. The public relations program shall be conducted in compliance with applicable laws and regulations governing advertising by the medical profession. PC shall approve all advertising and marketing materials prior to use.
3.1.7 Management Company, upon request of PC, will 3.1.6 INMD shall assist PC in recruiting additional physicians, including such administrative functions as advertising for and identifying potential candidates, checking credentials, and arranging interviews; provided, however, PC shall interview and make the ultimate decision as to the suitability of any physician to become associated with PC. All physicians recruited by Management Company INMD and accepted by PC shall be employees of or independent contractors to PC.
3.1.8 Management Company will assist 3.1.7 INMD shall negotiate, but shall not enter into, and shall administer all managed care contracts on behalf of PC in negotiating and shall consult with PC on all administrative matters relating thereto. The establishment, or continuation, of all managed contracts between the PC or any of its Physician Employees and any managed care contracts to which either Provider desires to become a party. Management Company will provide administrative assistance to entity or organization, shall be based on their financial terms and shall only be with the mutual consent of the PC in fulfilling their respective obligations under any such contractand INMD.
3.1.9 Management Company will 3.1.8 INMD shall, with the consent of the PC (not to be unreasonably withheld), arrange for legal and accounting services as may be reasonably required in the ordinary course of the PC's operationsoperation, including the cost of enforcing any physician contract containing restrictive covenants; provided, however, that INMD shall have no authority to arrange for any legal or accounting services to the extent that the interests of INMD and the PC in the matter in question shall be adverse nor shall INMD have any obligation to make any Advance, as such term is used in Section 6.2, for such services. Nothing contained herein is intended to authorize INMD to settle any claim made by or against PC.
3.1.10 Management Company will 3.1.9 INMD shall, with the consent of the PC (not to be unreasonably withheld), negotiate for and cause premiums to be paid with respect to the insurance provided for in Article 10.
3.1.11 Management Company will 3.1.10 INMD shall take such other reasonable actions to collect fees and pay expenses of the Facilities in a timely manner as are deemed reasonably necessary to facilitate the operations operation of PC PC's medical practice at the Facilities.
3.1.11 INMD shall pay Cost of Services in the ordinary course of PC's medical practice and/or INMD's management of PC, it being understood that INMD shall make such payments in the first instance, from Physicians and Other Collections, after deduction of Management Fees, and, if necessary, by Advances as contemplated by Section 6.3 hereof.
3.1.12 INMD shall not issue payment to itself for its Monthly Management Fee (exclusive of Cost of Services) in any amount in excess of $10,000, without the consent of the PC. However, if the PC objects to the payment of the Management Fee, in any month during the term of this Agreement, PC agrees that from the time of such objection until its resolution, no shareholder/Physician Employee shall draw any funds from the PC in excess of $10,000.
3.1.13 If, at the end of any quarter, after the payment of all Service Fees and draws of the Physician Shareholders, there shall be profits to the PC, INMD shall, at the direction of the PC, make any distributions of such profits as requested by the PC, provided that such distributions leave a reasonable reserve towards the next quarter's Service Fees,
Appears in 1 contract
Management Services and Administration. 3.1.1 The PC acknowledges and agrees that the Management Services and Facilities will be provided to PC and Physician on a non-exclusive basis and that such Management Services and the Facilities will be shared by other entities and/or medical practices ("Co-Occupants"). Management Company will allocate resources and its personnels' time so as to meet reasonably the needs of PC, Physician and the Co-Occupants. Notwithstanding anything herein to the contrary, nothing herein shall obligate Management Company to devote all of its personnel at the Facilities and Management Services to PC, Physician and Co-Occupants, to the exclusion of anyone of them.
3.1.2 PC hereby appoints Management Company as PC's sole and exclusive manager and administrator of all of its day-to-day business functions and grants Management Company all the necessary authority to carry out, with PC's advice and consent, out its duties and responsibilities pursuant to the terms of this Agreement to provide the Management Services on a non-exclusive basisAgreement. Physician-Employees PC and only Physician-Employees PC will perform the medical functions of the Medical Practiceits practice. Management Company will have no authority, directly or indirectly, to perform, and will not perform, any medical function. Management Company may, however, advise PC as to the relationship between its performance of medical functions and the overall administrative and business functioning of its practice.
3.1.3 3.1.2 Management Company willshall, on behalf of PC, xxxx bill patients and collect professional profxxxxonal fees for Infertility Services rendered by PC at the Facilities, outside the Facilities for PC's hospitalized patients, and for all other Infertility Services rendered by any Physician- Physician Employee or Other Professional Employee. PC hereby appoints Management Company for the term hereof to be its true and lawful attorney-in-fact, for the following purposes: (i) to xxxx bill patients in PC's name and on its xx xts behalf; (ii) to collect Receivables accounts receivable resulting from such billing in PC's name and on its behalf; (iii) to receive payments from insurance companies, prepayments received from health care plans, and all other third-third- party payors; (iv) to take possession of and endorse in the name of PC (and/or in the name of any Physician-Physician Employee or Other Professional Employee rendering Infertility Services to patients of PC) any notes, checks, money orders, and other instruments received in payment of Receivablesaccounts receivable; and (v) with the consent of the PC, not to be unreasonably withheld, to initiate the institution of legal proceedings in the name of PC, with PC's advice and consent, PC to collect any accounts and monies owed to PC, to enforce the rights of PC as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or its fiscal intermediaries) as third-party payors.
3.1.4 3.1.3 Management Company will provide the administrative services function of supervising shall supervise and maintaining maintain (on behalf of PC) all files and records relating to the operations of the Facilities, including but not limited to accounting and billing records, including for billing purposes, patient medical records, and collection records. Patient medical records shall at all times be and remain the property of PC and shall be located at the Facilities and be readily accessible for patient care. Management Company's management of all files and records shall comply with all applicable state and federal laws and regulations, including without limitation, those pertaining to confidentiality of patient records. The medical records of each patient shall be expressly deemed confidential and shall not be made available to any third party except in compliance with all applicable laws, rules and regulations. Management Company shall have access to such records in order to provide the Management Services services hereunder, to perform billing functions, and to prepare for the defense of any lawsuit in which those records may be relevant. The obligation to maintain the confidentiality of such records shall survive termination of this Agreement. PC shall have unrestricted access to all of its records at all times.
3.1.5 3.1.4 Management Company will shall supply to PC all reasonably necessary clerical, accounting, bookkeeping and computer services, printing, postage and duplication services, medical transcribing services, and any other necessary or appropriate administrative services reasonably necessary for the efficient operation of PC's businesses medical practice at the Facilities.
3.1.6 Subject to PC's prior approval3.1.5 Should PC so direct, Management Company shall design and implement an appropriate a marketing and public relations program on behalf of PC, with appropriate emphasis on public awareness of the availability of Infertility Services from PC, designed to achieve objectives defined by PC. The public relations program shall be conducted in compliance with applicable laws and regulations governing advertising by the medical profession. PC shall approve all advertising and marketing materials prior to use.
3.1.7 3.1.6 Management Company, upon request of PC, will Company shall assist PC in recruiting additional physicians, including such administrative functions as advertising for and identifying potential candidates, checking credentials, and arranging interviews; provided, however, PC shall interview and make the ultimate decision as to the suitability of any physician to become associated with PC. All physicians recruited by Management Company and accepted by PC shall be employees of or independent contractors to PC.
3.1.7 Management Company shall negotiate, but shall not enter into, and shall administer all managed care contracts on behalf of PC and shall consult with PC on all administrative matters relating thereto. The establishment, or continuation, of all managed contracts between the PC or any of its Physician Employees and any managed care entity or organization, shall be based on their financial terms and shall only be with the mutual consent of the PC and Management Company.
3.1.8 Management Company will assist PC in negotiating any managed care contracts to which either Provider desires to become a party. Management Company will provide administrative assistance to PC in fulfilling their respective obligations under any such contract.
3.1.9 Management Company will shall, upon direction of PC, arrange for legal and accounting services as may be reasonably required in the ordinary course of the PC's operationsoperation, including the cost of enforcing any physician contract containing restrictive covenants; provided, however, that Management Company shall have no authority to arrange for any legal or accounting services to the extent that the interests of Management Company and the PC in the matter in question shall be adverse nor shall Management Company have any obligation to make any Advance, as such term is used in Section 6.2, for such services. Nothing contained herein is intended to authorize Management Company to settle any claim made by or against PC.
3.1.10 3.1.9 Management Company will shall, upon the request of the PC, negotiate for and cause premiums to be paid with respect to the insurance provided for in Article 10.
3.1.11 3.1.10 Management Company will shall, take such other reasonable actions to collect fees and pay expenses of the Facilities in a timely manner as are deemed reasonably necessary to facilitate the operations operation of PC PC's medical practice at the Facilities.
Appears in 1 contract
Management Services and Administration. 3.1.1 The PC acknowledges and agrees that the Management Services and Facilities will be provided to PC and Physician on a non-exclusive basis and that such Management Services and the Facilities will be shared by other entities and/or medical practices ("Co-Occupants"). Management Company will allocate resources and its personnels' time so as to meet reasonably the needs of PC, Physician and the Co-Occupants. Notwithstanding anything herein to the contrary, nothing herein shall obligate Management Company to devote all of its personnel at the Facilities and Management Services to PC, Physician and Co-Occupants, to the exclusion of anyone of them.
3.1.2 PC hereby appoints Management Company INMD as PC's its sole and exclusive manager and administrator of all of its day-to-day business functions and grants Management Company INMD all the necessary authority to carry out, with PC's advice and consent, out its duties and responsibilities pursuant to the terms of this Agreement to provide the Management Services on a non-exclusive basisAgreement. Physician-Employees PC and only Physician-Employees PC will perform the medical functions of the Medical Practiceits practice. Management Company INMD will have no authority, directly or indirectly, to perform, and will not perform, any medical function. INMD may, however, advise PC as to the relationship between its performance of medical functions and the overall administrative and business functioning of its practice. To the extent that they assist PC in performing medical functions, all Technical Employees provided by INMD shall be subject to the professional supervision of the PC.
3.1.3 Management Company will3.1.2 INMD shall, on behalf of PC, xxxx bill patients and collect professional fees for Infertility Services rendered by PC at the FacilitiesFacility, outside the Facilities Facility for PC's hospitalized patients, and for all other Infertility Services rendered by any Physician- Physician Employee or Other Professional Employee. PC hereby appoints Management Company INMD for the term hereof to be its true and lawful attorney-in-fact, for the following purposes: (i) to xxxx bill patients in PC's name and on its xx xts behalf; (ii) to collect Receivables accounts receivable resulting from such billing in PC's name and on its behalf; (iii) to receive payments from insurance companies, prepayments received from health care plans, and all other third-third party payors; (iv) to take possession of and endorse in the name of PC (and/or in the name of any Physician-Physician Employee or Other Professional Employee rendering Infertility Services to patients of PC) any notes, checks, money orders, and other instruments received in payment of Receivablesaccounts receivable; and (v) to initiate the institution of legal proceedings in the name of PC, with PC's advice and consent, PC to collect any accounts and monies owed to PC, PC to enforce the rights of PC as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or its fiscal intermediaries) as third-party payors.
3.1.4 Management Company will provide the administrative services function of supervising 3.1.3 INMD shall supervise and maintaining maintain (on behalf of PC) all files and records relating to the operations of the Facilities, including but not limited to accounting and billing records, including for billing purposes, patient medical records, and collection records. Patient medical records shall at all times be and remain the property of PC and shall be located at the Facilities and be readily accessible for patient care. Management CompanyINMD's management of all files and records shall comply with all applicable state and federal laws and regulations, including without limitation, those pertaining to confidentiality of patient records. The medical records of each patient shall be expressly deemed confidential and shall not be made available to any third party except in compliance with all applicable laws, rules and regulations. Management Company INMD shall have access to such records in order to provide the Management Services services hereunder, to perform billing functions, and to prepare for the defense of any lawsuit in which those records may be relevant. The obligation to maintain the confidentiality of such records shall survive termination of this Agreement. PC shall have unrestricted access to all of its records at all times.
3.1.5 Management Company will 3.1.4 INMD shall supply to PC all reasonably necessary clerical, accounting, bookkeeping and computer services, printing, postage and duplication services, medical transcribing services, and any other necessary or appropriate administrative services reasonably necessary for the efficient operation of PC's businesses medical practice at the Facilities.
3.1.6 3.1.5 Subject to PC's prior approval, Management Company INMD shall design and implement an appropriate marketing and public relations program on behalf of PC, with appropriate emphasis on public awareness of the availability of Infertility Services from PC. The public relations program shall be conducted in compliance with applicable laws and regulations governing advertising by the medical profession. PC shall approve all advertising and marketing materials prior to use.
3.1.7 Management Company, upon request of PC, will 3.1.6 INMD shall assist PC in recruiting additional physicians, including such administrative functions as advertising for and identifying potential candidates, checking credentials, and arranging interviews; provided, however, PC shall interview and make the ultimate decision as to the suitability of any physician to become associated with PC. PC All physicians recruited by Management Company INMD and accepted by PC shall be employees of or independent contractors to PC
3.1.7 INMD shall negotiate, but shall not enter into, and shall administer all managed care contracts on behalf of PC and shall consult with PC on all administrative matters relating thereto.
3.1.8 Management Company will assist PC in negotiating any managed care contracts to which either Provider desires to become a party. Management Company will provide administrative assistance to PC in fulfilling their respective obligations under any such contract.
3.1.9 Management Company will INMD shall arrange for legal and accounting services as may be reasonably required in the ordinary course of PC's operationsoperation, including the cost of enforcing any physician contract containing restrictive covenants. Nothing contained herein is intended to authorize INMD to settle any claim made by or against PC.
3.1.10 Management Company will 3.1.9 INMD shall negotiate for and cause premiums to be paid with respect to the insurance provided for in Article 1011.
3.1.11 Management Company will 3.1.10 INMD shall take such other reasonable actions to collect fees and pay expenses of the Facilities in a timely manner as are deemed reasonably necessary to facilitate the operations operation of PC PC's medical practice at the Facilities.
Appears in 1 contract
Management Services and Administration. 3.1.1 The PC acknowledges and agrees that the Management Services and Facilities will be provided to PC and Physician on a non-exclusive basis and that such Management Services and the Facilities will be shared by other entities and/or medical practices ("Co-Occupants"). Management Company will allocate resources and its personnels' time so as to meet reasonably the needs of PC, Physician and the Co-Occupants. Notwithstanding anything herein to the contrary, nothing herein shall obligate Management Company to devote all of its personnel at the Facilities and Management Services to PC, Physician and Co-Occupants, to the exclusion of anyone of them.
3.1.2 PC hereby appoints Management Company as PC's sole and exclusive manager and administrator of all of its day-to-day business functions and grants Management Company all the necessary authority to carry out, with PC's advice and consent, its duties and responsibilities pursuant to the terms of this Agreement to provide the Management Services on a non-exclusive basisServices. Physician-Employees of PC and only Physician-Employees of PC will perform the medical functions of the Medical Practiceits practice. Management Company will have no authority, directly or indirectly, to perform, and will not perform, any medical function.
3.1.3 3.1.2 Management Company will, on behalf of PC, xxxx bill patients and collect collxxx professional fees for Infertility Services rendered by PC at the Facilities, outside the Facilities for PC's hospitalized patients, and for all other Infertility Services rendered by any Physician- Employee or Other Professional Employee. PC hereby appoints Management Company for the term hereof to be its true and lawful attorney-in-fact, for the following purposes: (i) to xxxx bill patients in PC's name xxxx and on its behalf; (ii) to collect Receivables resulting from such billing in PC's name and on its behalf; (iii) to receive payments from insurance companies, prepayments received from health care plans, and all other third-party payors; (iv) to take possession of and endorse in the name of PC (and/or in the name of any Physician-Physician Employee or Other Professional Employee rendering Infertility Services to patients of PC) any notes, checks, money orders, and other instruments received in payment of Receivables; and (v) to initiate the institution of legal proceedings in the name of PC, with PC's advice and consent, to collect any accounts and monies owed to PC, to enforce the rights of PC as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or its fiscal intermediaries) as third-party payors.
3.1.3 Management Company represents that it will provide all billing services in compliance with applicable laws and third-party payor requirements, and will ensure all necessary documentation supports all claims made for payment.
3.1.4 Management Company will provide the administrative services function of supervising and maintaining (on behalf of PC) all files and records relating to the operations of the Facilities, including but not limited to accounting and billing records, including for billing purposes, patient medical records, and collection records. Patient medical records shall at all times be and remain the property of PC and shall be located at the Facilities and be readily accessible for patient care. Management Company's management of all files and records shall comply with all applicable state and federal laws and regulations, including without limitation, those pertaining to confidentiality of patient records. The medical records of each patient shall be expressly deemed confidential and shall not be made available to any third party except in compliance with all applicable laws, rules and regulations. Management Company shall have access to such records in order to provide the Management Services hereunder, to perform billing functions, and to prepare for the defense of any lawsuit in which those records may be relevant. The obligation to maintain the confidentiality of such records shall survive termination of this Agreement. PC shall have unrestricted access to all of its records at all times.
3.1.5 Management Company will supply to PC all reasonably necessary clerical, accounting, bookkeeping and computer services, printing, postage and duplication services, medical transcribing services, and any other necessary or appropriate administrative services reasonably necessary for the efficient operation of PC's businesses medical practice at the Facilities.
3.1.6 Subject to PC's prior approval, Management Company shall design and implement an appropriate marketing and public relations program on behalf of PC, with appropriate emphasis on public awareness of the availability of Infertility Services from PC. The public relations program shall be conducted in compliance with applicable laws and regulations governing advertising by the medical profession. PC shall approve all advertising and marketing materials prior to use.
3.1.7 Management Company, upon request of PC, will assist PC in recruiting additional physicians, including such administrative functions as advertising for and identifying potential candidates, checking credentials, and arranging interviews; provided, however, PC shall interview and make the ultimate decision as to the suitability of any physician to become associated with PC. All physicians recruited by Management Company and accepted by PC shall be employees of or independent contractors to PC.
3.1.8 Management Company will assist PC in negotiating any managed care contracts to which either Provider PC desires to become a party. Management Company will provide administrative assistance to PC in fulfilling their respective its obligations under any such contract.
3.1.9 Management Company will arrange for legal and accounting services as may be reasonably required in the ordinary course of PC's operationsoperation, including the cost of enforcing any physician contract containing restrictive covenants. Nothing contained herein is intended to authorize Management Company to settle any claim made by or against PC.
3.1.10 Management Company will negotiate for and cause premiums to be paid with respect to the insurance provided for in Article 1011.
3.1.11 Management Company will take such other reasonable actions to collect fees and pay expenses of the Facilities in a timely manner as are deemed reasonably necessary to facilitate the operations operation of PC PC's medical practice at the Facilities.
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Management Services and Administration. 3.1.1 The PC acknowledges PA and agrees Midwest acknowledge and agree that the Management Services and Facilities will be provided to PC PA and Physician Midwest on a non-exclusive basis and that such Management Services and the Facilities will may be shared by other entities and/or medical practices who have signed a management agreement with Management Company ("Co-Occupants"). Management Company will allocate resources and its personnels' personnel's time so as to meet reasonably the needs of PC, Physician and the Co-Occupantsfulfill its obligations under this Agreement. Notwithstanding anything herein to the contrary, nothing herein shall obligate Management Company to devote all of its personnel at the Facilities and Management Services to PCPA, Physician Midwest and Co-Occupants, to the exclusion of anyone of them.
3.1.2 PC Providers hereby appoints appoint Management Company as PC's Providers' sole and exclusive manager and administrator of all its of their day-to-day business functions and grants grant Management Company all the necessary authority to carry out, with PC's Providers' advice and consent, its duties and responsibilities pursuant to the terms of this Agreement to provide the Management Services on a non-exclusive basis. Only Physician-Employees or their designees, whose credentials are reviewed and only Physician-Employees approved by Management Company prior to rendering any medical functions at the Facilities, will perform the medical functions of the Medical Practice. Management Company will have no authority, directly or indirectly, to perform, and will not perform, any medical function.
3.1.3 Management Company will, on behalf of PCPA and Midwest, xxxx and in accordance with applicable laws, bill patients and other responsible persons and third-party payors and collect professional fees for Infertility Services rendered by PC Providers to Providers' patients at the Facilities, outside the Facilities for PCPA's hospitalized patients, and for all other Infertility Services rendered by any Physician- Employee or Employee, Other Professional Employee, or Technical Employee. PC Providers hereby appoints appoint Management Company for the term hereof to be its their true and lawful attorney-in-fact, for the following purposes: (i) to xxxx bill patients in PC's Providers' name and on its their behalf; (ii) to collect xx xollect Receivables resulting from such billing in PC's Providers' name and on its their behalf; (iii) to receive payments from insurance companies, prepayments received from health care plans, and all other third-party payors; (iv) to take possession of and endorse in the name of PC Providers (and/or in the name of any Physician-Employee or Other Professional Employee rendering Infertility Services to patients of PCPA) any notes, checks, money orders, and other instruments received in payment of Receivables; and (v) to initiate the institution of legal proceedings in the name of PCProviders, with PC's Providers' advice and consent, to collect any accounts and monies owed to PCProviders, to enforce the rights of PC either Provider as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or its fiscal intermediaries) as third-party payors.
3.1.3.1 Prior to referring any Receivable to a collection agency, or sending any letter, other than a standard billing cycle statement, or commencing litigation, Management Company shall provide Providers with thirty (30) days' written notice of its intent to take such action. If within said period, Providers advise Management Company that Providers do not want (i) a particular Receivable or any part thereof referred to a collection agency, or (ii) any letter other than a standard billing cycle statement sent or (iii) litigation commenced, then Providers will repurchase the Receivable from Management Company within thirty (30) days of such notice from Management Company. If Providers fail to repurchase the Receivable within the thirty (30) days, Management Company will proceed with such collection efforts, as it deems appropriate.
3.1.4 Management Company will provide the administrative services function of supervising and maintaining (on behalf of PCProviders) all files and records relating to the operations of the Facilities, including but not limited to accounting and billing records, including for billing purposes, patient medical records, and collection records. Patient medical records shall at all times be and remain the property of PC PA and, if applicable, Midwest, and shall be located at the Facilities and be readily accessible for patient care. Management Company's management of all files and records shall comply with all applicable state and federal laws and regulations, including without limitation, those pertaining to confidentiality of patient records. The medical records of each patient shall be expressly deemed confidential and shall not be made available to any third party except in compliance with all applicable laws, rules and regulations. Management Company shall have access to such records in order to provide the Management Services hereunder, to perform billing functions, and to prepare for the defense of any lawsuit in which those records may be relevant. The obligation to maintain the confidentiality of such records shall survive termination of this Agreement. PC Providers shall have unrestricted access access, on reasonable notice, to all of its records their records, including but not limited to documentation of any expense incurred by Management Company as Cost of Services, whether on behalf of Providers or, to the extent Providers share payment of the expense, Providers and/or other Co-Occupants, at all times.
3.1.5 Management Company will supply to PC Providers all reasonably necessary clerical, accounting, bookkeeping and computer services, printing, postage and duplication services, medical transcribing services, and any other necessary or appropriate administrative services reasonably necessary for the efficient operation of PC's Providers' businesses at the Facilities.
3.1.6 Subject to PC's prior approval, Management Company shall design and implement an appropriate marketing and public relations program on behalf of PC, with appropriate emphasis on public awareness of the availability of Infertility Services from PC. The public relations program shall be conducted in compliance with applicable laws and regulations governing advertising by the medical profession. PC shall approve all advertising and marketing materials prior to use.
3.1.7 Management Company, upon request of PC, will assist PC in recruiting additional physicians, including such administrative functions as advertising for and identifying potential candidates, checking credentials, and arranging interviews; provided, however, PC shall interview and make the ultimate decision as to the suitability of any physician to become associated with PC. All physicians recruited by Management Company and accepted by PC shall be employees of or independent contractors to PC.
3.1.8 Management Company will assist PC in negotiating any managed care contracts to which either Provider desires to become a party. Management Company will provide administrative assistance to PC in fulfilling their respective obligations under any such contract.
3.1.9 Management Company will arrange for legal and accounting services as may be reasonably required in the ordinary course of PC's operations, including the cost of enforcing any physician contract containing restrictive covenants.
3.1.10 Management Company will negotiate for and cause premiums to be paid with respect to the insurance provided for in Article 10.
3.1.11 Management Company will take such other reasonable actions to collect fees and pay expenses of the Facilities in a timely manner as are deemed reasonably necessary to facilitate the operations of PC at the Facilities.
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Management Services and Administration. 3.1.1 The PC acknowledges and agrees that the Management Services and Facilities will be provided to PC and Physician on a non-exclusive basis and that such Management Services and the Facilities will be shared by other entities and/or medical practices ("Co-Occupants"). Management Company will allocate resources and its personnels' time so as to meet reasonably the needs of PC, Physician and the Co-Occupants. Notwithstanding anything herein to the contrary, nothing herein shall obligate Management Company to devote all of its personnel at the Facilities and Management Services to PC, Physician and Co-Occupants, to the exclusion of anyone of them.
3.1.2 PC FCI hereby appoints Management Company INMD as PCFCI's sole and exclusive manager and administrator of all of its day-to-day business functions and grants Management Company INMD all the necessary authority to carry out, with PCFCI's advice and consent, its duties and responsibilities pursuant to the terms of this Agreement to provide management and administrative services (the "Management Services on a non-exclusive basisServices"). Physician-Employees of FCI and only Physician-Employees of FCI will perform the medical functions of the Medical Practiceits practice. Management Company INMD will have no authority, directly or indirectly, to perform, and will not perform, any medical function. To the extent that they assist FCI in performing medical functions, all Technical Employees provided by INMD shall be subject to the professional supervision of FCI .
3.1.3 Management Company 3.1.2 INMD will, on behalf of PCFCI, xxxx patients and collect professional fees for Infertility Services rendered by PC FCI at the Facilities, outside the Facilities for PCFCI's hospitalized patients, and for all other Infertility Services rendered by any Physician- Physician Employee or Other Professional Employee. PC FCI hereby appoints Management Company INMD for the term hereof to be its true and lawful attorney-in-fact, for the following purposes: (i) to xxxx patients in PCFCI's name and on its behalf; (ii) to collect Receivables accounts receivable resulting from such billing in PCFCI's name and on its behalf; (iii) to receive payments from insurance companies, prepayments received from health care plans, and all other third-party payors; (iv) to take possession of and endorse in the name of PC FCI (and/or in the name of any Physician-Physician Employee or Other Professional Employee rendering Infertility Services to patients of PCFCI) any notes, checks, money orders, and other instruments received in payment of Receivablesaccounts receivable; and (v) to initiate the institution of legal proceedings in the name of PCFCI , with PCFCI's advice and consent, to collect any accounts and monies owed to PCFCI, to enforce the rights of PC FCI as creditor under any contract or in connection with the rendering of any service, and to contest adjustments and denials by governmental agencies (or its fiscal intermediaries) as third-party payors.
3.1.4 Management Company 3.1.3 INMD will provide the administrative services function of supervising and maintaining (on behalf of PCFCI) all files and records relating to the operations of the Facilities, including but not limited to accounting and billing records, including for billing purposes, patient medical records, and collection records. Patient medical records shall at all times be and remain the property of PC FCI and shall be located at the Facilities and be readily accessible for patient care. Management CompanyINMD's management of all files and records shall comply with all applicable state and federal laws and regulations, including without limitation, those pertaining to confidentiality of patient records. The medical records of each patient shall be expressly deemed confidential and shall not be made available to any third party except in compliance with all applicable laws, rules and regulations. Management Company INMD shall have access to such records in order to provide the Management Services hereunder, to perform billing functions, and to prepare for the defense of any lawsuit in which those records may be relevant. The obligation to maintain the confidentiality of such records shall survive termination of this Agreement. PC FCI shall have unrestricted access to all of its records at all times.
3.1.5 Management Company 3.1.4 INMD will supply to PC FCI all reasonably necessary clerical, accounting, bookkeeping and computer services, printing, postage and duplication services, medical transcribing services, and any other necessary or appropriate administrative services reasonably necessary for the efficient operation of PCFCI's businesses medical practice at the Facilities.
3.1.6 3.1.5 Subject to PCFCI's prior approval, Management Company INMD shall design and implement an appropriate marketing and public relations program on behalf of PCFCI, with appropriate emphasis on public awareness of the availability of Infertility Services from PCFCI. The public relations program shall be conducted in compliance with applicable laws and regulations governing advertising by the medical profession. PC FCI shall approve all advertising and marketing materials prior to use.
3.1.7 Management Company, upon request of PC, 3.1.6 INMD will assist PC FCI in recruiting additional physicians, including such administrative functions as advertising for and identifying potential candidates, checking credentials, and arranging interviews; provided, however, PC FCI shall interview and make the ultimate decision as to the suitability of any physician to become associated with PC. FCI All physicians recruited by Management Company INMD and accepted by PC FCI shall be employees of or independent contractors to PCFCI.
3.1.8 Management Company 3.1.7 INMD will assist PC FCI in negotiating any managed care contracts to which either Provider FCI desires to become a party. Management Company INMD will provide administrative administration assistance to PC FCI in fulfilling their respective its obligations under any such contract.
3.1.9 Management Company 3.1.8 INMD will arrange for legal and accounting services as may be reasonably required in the ordinary course of PCFCI's operationsoperation, including the cost of enforcing any physician contract containing restrictive covenants. Nothing contained herein is intended to authorize INMD to settle any claim made by or against FCI.
3.1.10 Management Company 3.1.9 INMD will negotiate for and cause premiums to be paid with respect to the insurance provided for in Article 10.
3.1.11 Management Company 3.1.10 INMD will take such other reasonable actions to collect fees and pay expenses of the Facilities in a timely manner as are deemed reasonably necessary to facilitate the operations operation of PC FCI's medical practice at the Facilities.
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