Advance Beneficiary Notice
Note: You need to make a choice about receiving these health care services.
The purpose of this form is to help you make an informed choice about whether or not you want to proceed to receive the second opinion service, knowing that you will have to pay for it yourself.
Private insurance plans and Medicare/Medicaid do not pay for online healthcare or second opinion services of the type that we offer. The fact that private insurance plans and Medicare/Medicaid do not pay for this unique service, however, does not mean that you should not receive it.
PRIVATE PAY CONTRACT
This Private Pay Contract (“Agreement”) is made between Second Medical Opinions, PLC, its subsidiaries/affiliated/contracted entities, with a conducting business address of PO Box 370, Bay City, MI 48707 (“Company”), and the client/parent/legal guardian identified below (“Client”). This Agreement is made by Company for itself and on behalf of its related entities and/or contracted physicians, other health care professionals, employees, and contractors (the “Professionals”). Company is not necessarily the provider of medical services; medical treatment may be provided to Clients utilizing a separate entity or by Professionals who are medical professionals.
The Client may receive a copy of this Agreement at Client’s email address by requesting a copy via e-mail at firstname.lastname@example.org, or writing to PO Box 370, Bay City, MI 48707; Company will provide a copy of this Agreement to you within five (5) days of receiving your request.
The Client desires unique services and benefits to be provided by Company/the Professionals that are likely not covered or otherwise likely not reimbursable under a private health insurance policy, private health plan, or federal or state government program, including, but not limited to, Medicare/Medicaid/Tri-Care, in which Client might be enrolled (each an “Insurer”).Company/the Professionals desire to provide unique services and benefits to Client for which Company/the Professionals likely cannot, and in any event will not, seek reimbursement for with an Insurer in which Client might be enrolled.
By electronically signing this Agreement, Client and Company/the Professionals hereby agree, for valuable consideration, to enter into a relationship for the provision of specified services under the following terms and conditions.
In addition to any other responsibilities and/or obligations Client has under this Agreement, Client specifically agrees to the following:
- Client will provide and/or facilitate the provision of all related medical records to Company, and will bear all costs associated with the same. In particular, Client is responsible for requesting that copies of Client’s medical records be sent to Company, and filling out any necessary patient authorization forms related to the same; and
- Client is responsible for providing Company with accurate and complete medical records, patient history, and descriptions of Client’s condition and physical well-being. Client understands that, as with any service, to the extent that information provided is not accurate and complete, Company’s Services will be materially affected.
Jurisdiction and Practice of Medicine
Client acknowledges, understands, and agrees that by Client’s seeking to use Company’s services, Client is:
- Virtually travelling to the State where the Professional is located, and for convenience and other purposes availing themselves of Company’s Services in said State in the same manner as if Client had driven to such State;
- Irrevocably agreeing that the Services and this Agreement are provided, and entered into, in the State where the Professional is located, and not in the state where Client is physically located. Further, Client agrees that they will not bring any action in the state where Client is physically located, it being acknowledged that sole jurisdiction and venue are in the State where the Company is located, and that Client has no rights vis-à-vis the Company or the Professionals in their state;
- To the extent that the state where Client is physically located attempts to assert jurisdiction over the Company or the Professionals, whether through its state professional licensing board(s) or otherwise, Client agrees to cooperate with Company/the Professionals, and otherwise use Client’s best efforts, with respect to asserting the matters agreed to in this Section.
- In connection with the foregoing, Client acknowledges that, due to the limited nature of the Services, the Services do not constitute the practice of medicine, but are merely a report or findings of a review of the Client’s medical information and history with respect to a condition for which the Client is seeking a second opinion. Reports or results provided by Company under this Agreement shall in no way be considered medical advice or be deemed the practice of medicine by Company or the Professionals, and is not intended to replace consultation with a qualified medical professional. Client acknowledges and agrees that the information contained in the report issued by the Company/Professionals are not intended to diagnose health problems or to take the place of professional medical care. The information contained in the report is neither intended to dictate what constitutes reasonable, appropriate or best care for any given health issue, nor is it intended to be used as a substitute for the independent judgment of a physician for any given health issue.
Company and/or the Professionals agree to perform second opinion consultation services via telehealth related to Client’s current diagnosis and/or treatment plan which has been provided by an unaffiliated health care professional, all utilizing the proprietary smopinions.com system, methods, and protocols (the “Services”). The Services may be amended or modified to the extent necessary to reflect any change in interpretation or terms of coverage and benefits of any private health insurance policy, private health plan or government program, including, but not limited to, Medicare, in which Client is enrolled.
Fees and Deliverables
In return for these Services, the undersigned Client agrees to provide payment to Company in the following amounts and payment schedules (“Fees”):
- The rate of the physician on your choice in the Request a Second Opinion Page.
THE FEES DO NOT INCLUDE THE COSTS OF ANY PRESCRIPTION MEDICINES OR OTHER TREATMENTS THAT MAY BE RECOMMENDED/PRESCRIBED BY COMPANY OR THE PROFESSIONALS. I UNDERSTAND THAT I AM WHOLLY RESPONSIBLE FOR THE PAYMENT OF ANY SUCH DRUGS OR MEDICINES OR TREATMENTS.
The Fees set forth above may be changed by Company upon reasonable prior notice; in such event Client may cancel as set forth below prior to incurring the changed Fees. Company may, but is not required to, offer discounted Fees or types of incentives to Client from time-to-time. Company may also offer discounted Fees or other types of incentives to other customers of Company, without changing Client’s liability for the Fees incurred hereunder, it being explicitly agreed that Company is under no obligation to extend such other discounted fees or incentives to Client.
Client agrees and acknowledges the following regarding the Fees:
- No refunds will be issued for any Fees, no warranties of any type are associated with the Services, and by their nature the Services are not returnable;
- No other cancellation, refund, or return policy applies to the Services. The Client may cancel at any time by e-mailing email@example.com, or writing to PO Box 370, Bay City, MI 48707. Regardless of cancellation, no refunds will be issued; and
- Client acknowledges that Client is capable of printing and/or otherwise retaining a copy of this notice and Agreement, including the provisions set forth above regarding how the Client may cancel this Agreement.
Agreements Regarding the Services
By electronically signing this Agreement, Client agrees, and understands that the Services are unique and provided with certain benefits and limitations, including as follows:
- Client agrees to be fully responsible, whether through insurance or otherwise, for payment of the Services, and understands that no Insurer reimbursement will be provided.
- For Services provided herein, Client cannot, and will not, bill to or seek reimbursement from any Insurer in which Client is enrolled. Client agrees not to submit a claim (or request that Company or the Professionals submit a claim) for the services provided pursuant to this Agreement, to any Insurer.
- Services are not covered and otherwise not reimbursable by any Insurer. Accordingly, Client understands and acknowledges that the Services convey value and benefits that Client does not already receive from any Insurer in which Client is enrolled. To the extent any one or more element of the Services are considered covered and reimbursable benefits, the Fee is consideration for the remaining items/portions of the Services.
- Client understands that no Insurer reimbursement limits (including Medicare’s limiting charge) apply to the services in question.
- Client understands that Medi-Gap plans do not, and other supplemental insurance plans may not, make payment for the services because payment is not made under the Medicare program.
- Client acknowledges that they have the right to have these items and services provided by other physicians for whom Insurers may make payments.
- Client understands that Insurer payment will not be made for any items or services furnished by the physician that otherwise would have been covered by an Insurer if there was no private contract and a proper Insurer covered claim.
- Client understands that he/she enters into this contract with the knowledge that he or she has the right to obtain Insurer covered services and items from other physicians, and that the beneficiary is not compelled to enter into private contracts that apply to other Insurer services furnished by other physicians who have not opted out.
- Client is not currently facing an emergency or urgent health care situation.
- Physicians associated with Company and/or the Professionals have not been excluded from the Medicare program.
- Company may cancel the Services at any time by providing Client notice of Company’s cancellation.
Notice of Medical Information Privacy Practices
By electronically signing (when clicking “Submit” in the Request a Second Opinion page) , Client acknowledges Client’s receipt of Company’s Notice of Medical Information Privacy Practices, located here: https://smopinions.com/notice-of-privacy-practices , which provides information about how Company may use and disclose Client’s protected health information. We encourage Client to read it in full. The Notice of Medical Information Privacy Practices is subject to change. If we change our notice, you may obtain a copy of the revised notice by accessing our website at: www.smopinions.com; or by contacting our organization at: (855) 798-3261. If you have any questions about our Notice of Medical Information Privacy Practices, please contact firstname.lastname@example.org.
By electronically signing (when clicking “Submit” in the Request a Second Opinion page), I am agreeing to conduct transactions electronically, and intend for my electronic signature to be a binding electronic signature/contractual obligation. Further, Client understands and acknowledges that they are digitally receiving a copy of this Agreement concurrently with executing the Agreement, in that Client has the ability to print and/or retain a copy of this Agreement.
Updated March 2, 2014