BocaCare Concierge Medicine Membership Agreement

Transcription

Concierge Medicine670 Glades Road, Suite 300Boca Raton, FL 33431Telephone: 561-955-5847Fax: 561-955-5846BocaCare Concierge MedicineMembership AgreementThis Membership Agreement (the “Agreement”) isentered into by and between BocaCare, Inc., locatedat 800 Meadows Rd., Boca Raton, Florida (“BocaCare”)and the person(s) signing below (the "Member") andis effective as of the date signed by the Memberbelow (the "Effective Date"), and this Agreementspecifies the terms and conditions under which you, asthe Member, will be enrolled to receive BocaCareConcierge Medicine Practice (the “Practice”) Benefitsand Services (the “Services”).1. Personalized Benefits and Services. The Servicesprovided under this Agreement include thefollowing:a. 24/7 Direct phone access to Physician (and/orPractice) Direct Access. Physician (and/or his/herPractice staff) will be available by phone on aTwenty-Four hour per day, seven days perweek basis to address any issues you mayhave. You will provided with a phone numberthat provides access during office hours andafter hours. Always contact 911 first in theevent of a potential emergency and onlythen, if possible, the Member (or his/herdesignee) should only contact the Physician. Physician Absences. During the Physician’sabsence for any reason, the services of asubstitute Physician will be available, and youwill be given instructions as to how to contactthe substitute physician. The substituteP hysician will also be a Concierge Physicianwho will be available the same extent as yourPrimary physician, but may need to becontacted through an answering servicerather than directly.b. E-Mail Availability. Subject to the conditions setforth in this Agreement you will have e-mail accessto the Physician and Practice for non-acute and nonemergent inquires.c. Referral/care coordination and schedulingassistance Scheduling Assistance. Assistance is availablein scheduling appointments with Specialistsor Ancillary services on the Member's behalf. Care Coordination.When appropriate,Physician will also personally communicatewith Member's other medical providers toensure coordination and continuity of care.d. Preferred appointment scheduling duringnormal business days (Monday-Friday) Calls or e-mails received by the office prior tonoon. Every reasonable effort will be made toschedule an appointment with the Physicianon the same day. Calls or e-mails received by the office afternoon. Every reasonable effort will be madeto schedule an appointment with thePhysician on the following normal office day.e. Limited patient enrollment to assure Physicianaccess. In order to ensure personalization ofcare, t h e practice size will be limited to nomore than 450 patients, as opposed to the2000-3000 patients in a traditional practice.f. On-Time/minimal wait times. Diligent effortsto ensure patients are seen at or near theirscheduled appointment timesg. ExtendedAppointments.Extendedappointments times for all visits including:Routine follow ups, Annual Physicals, Pre-Opevaluation, and Medicare Wellness visits.h. At least 30 minutes of personalized care foreach appointmenti. Lifestyle counselingj. Designated parking spaces2. Membership Fee. For the Services provided underthis Agreement, you agree to pay BocaCare themembership fee set forth on the signature pageof this Agreement . The membership fee is perindividual person. Payments may be made by cash,check, or credit card and payments may be madeannually or divided quarterly or semi-annually.

Concierge Medicine670 Glades Road, Suite 300Boca Raton, FL 33431Telephone: 561-955-5847Fax: 561-955-58463. Effective Date/Renewals/Termination.a. Effective Date & Renewals. This Agreementwill commence on the Effective Date and willextend for one year thereafter (the “Term”).Thereafter, the term will automatically renewfor successive one (1) year terms unlessterminated as set forth herein.b. Termination. Either you or the Practice mayterminate this Agreement at any time uponthirty (30) days’ notice to the other party. ThePractice reserves the right to immediatelyterminate the patient with notice for failure topay their quarterly, semi-annual or annualmembership fee. If the Member terminates this Agreementfor any reason during the Term, the Practicewill refund the unused portion of your paidmembership fee based upon the Servicesrendered through the date of termination.In the event you terminate this Agreement,the Practice reserves the right to not acceptyou as a patient in the future. If the Practice terminates this Agreementfor any reason during the Term, thePractice will refund to the Member theprorated portion of the paid membershipfee based on the number of days left in theTerm (or as applicable the payment term)as of the date of termination.4. Affiliated Physicians.You understand andacknowledge that physicians participating in the thisprogram may change from time to time and thatfrom time to time certain Physicians may no longerbe able to accept new members due to patientvolume limits. If your designated Physician is nolonger available for any reason, we will notify you ofsuch unavailability and offer an alternative Physicianor will refund the prorated portion of your paidmembership fee upon your request.5. Financial Responsibility/Medical Care ExcludedFrom Concierge Services. The membership feecovers only the Services defined above, which areof a special and unique nature and are not servicesreimbursable by any third party payor. Neitheryour Physician nor their staff will seekreimbursement from any third party payor orinsurer for the Services. The Member(s), and theirinsurers, as applicable, will be financiallyresponsible for payment for all medical careservices rendered other than the Servicesdescribed above, including any co-payments anddeductibles. As a result, you are responsible for anyhealth care services you receive that are notcovered by your insurance. This Agreement is nota substitute for health insurance.Youacknowledge that the Practice has advised you tomaintain your health insurance policy to coveryour health care costs. You acknowledge that thisAgreement is not a contract that provides healthinsurance for you, and this Agreement is notintended to replace any existing or future healthinsurance you may carry.6. E-mail Communications/Phones, Privacy andSecurity. You hereby authorize the Practice,including the Physician, to communicate withyou via phone or e-mail using your e-mail addressor phone number provided to the practice. ThePractice will endeavor to send you only e-mailswhich are encrypted and contain the words[Encrypt] in the subject line. However, if you wish tosend e-mail communications to and receive e-mailresponses from the Practice, you acknowledge thatyour reply to an encrypted e-mail will not beencrypted and that e-mail communications you sendare not a secure medium for transmitting your"protected health information" (PHI) (as thatterm is defined in the Health Insurance Portabilityand Accountability Act (HIPAA) of 1996 and itsimplementing regulations). As such, you areadvised not to send the Physician or the Practiceany sensitive or protected health information andthe neither the Practice nor Physician will be ableto send you any sensitive or protected healthinformation via unsecured e-mails. You furtheracknowledge the following:a. All such e-mail communications maybecome part of your medical records.b. E-mail is not an appropriate means of

Concierge Medicine670 Glades Road, Suite 300Boca Raton, FL 33431Telephone: 561-955-5847Fax: 561-955-5846communication for emergent and timesensitive issues.c. If you do not receive a response to an email message within two days, you agreeto use other forms of communication tocontact the Practice.d. Neither the Practice nor the Physician willbe liable to you for any loss, cost, injury,or expense caused by, or resulting from adelay in responding to you as a result oftechnical failures, including, but notlimited to: (i) Technical failuresattributable to any internet serviceprovider, (ii) power outages, (iii) failure ofany electronic messaging software orfailure to properly address e-mailmessages, (iv) misspelling or mistypingof e-mail addresses; (v) failure of thePractice's computers or computernetwork, or faulty telephone or cabledata transmission, or (vi)anyinterception of e-mail communicationsby a third party.7. Consent. You agree to execute all informedconsent documents after you informed consentfor the Services and for any Medical Care hasbeen obtained.8. Arbitration; Waiver of Class Action Rights.PLEASE READ THIS SECTION CAREFULLY, AS ITAFFECTS RIGHTS THAT YOU MAY OTHERWISEHAVE AND PROVIDES FOR RESOLUTION OFDISPUTES THROUGH ARBITRATION INSTEAD OFCOURTTRIALSANDCLASSACTIONS.ARBITRATION IS MORE INFORMAL THAN ALAWSUIT IN COURT, USES A NEUTRALARBITRATOR INSTEAD OF A JUDGE OR JURY, ANDHAS LIMITED DISCOVERY. ARBITRATION IS ALSOFINAL AND BINDING AND SUBJECT TO ONLY VERYLIMITED REVIEW BY A COURT.a. Any past, present, or future claim, dispute,or controversy involving the Physician,Practice, their staff, BocaCare or any oftheir respective agents arising out of orrelating to the Services and/or thisb.c.d.e.f.g.Agreement, including the validity, breach,interpretation, formation, arbitrability,inducement, or enforcement thereof, shallbe resolved exclusively through bindingArbitration before a neutral arbitrator inthe Palm Beach County, Florida.Each party will reasonably participate inthe process of choosing the neutralarbitrator, who shall have the exclusiveauthority to resolve any claim(s) betweenthe parties under any legal theory,whether based in contract, statute, tort,fraud, etc. Arbitration shall be conductedthrough Judicial Arbitration & MediationServices (“JAMS”), or another arbitrator ifnot arbitrable through JAMS. JAMS rulesin effect at the time of filing, including itsExpedited Procedures, will apply to theArbitration and can be found at:www.jamsadr.com.Arbitration shall be conducted only on anindividual basis and not on a class orconsolidated basis.Either party may bring an individual claimin small claims court in lieu of Arbitration ifthe suit qualifies.THE PARTIES FULLY UNDERSTAND THATTHEYAREINTENTIONALLYANDVOLUNTARILY WAIVING THEIR RIGHTS TO(1) GO TO COURT; (2) HAVE A TRIAL BYJURY; AND (3) PARTICIPATE IN A CLASSACTION.The parties acknowledge that thisAgreement evidences a transactioninvolving interstate commerce, and theFederal Arbitration Act shall govern thisagreement to arbitrate. The neutralarbitrator has the authority to awardwhatever relief would be available in courtunder law or in equity.In the event of Arbitration, BocaCare willpay all costs related to the Arbitration;however, each party will pay its ownattorneys’ fees, if any. This agreement to

Concierge Medicine670 Glades Road, Suite 300Boca Raton, FL 33431Telephone: 561-955-5847Fax: 561-955-5846arbitrate shall survive termination of thisAgreement.9.Entire Agreement; Severability. This Agreementcontains the entire agreement between the parties andsupersedes any prior agreement (written or oral)between the parties. There are no promises orrepresentations except as set forth herein. Member hasnot relied on any statements or representations otherthan those which are set out in this Agreement. If anyprovision of this Agreement, including the agreement toarbitrate, is declared to be unlawful or unenforceable, inwhole or in part, then the remaining terms andprovisions of this Agreement shall remain in full forceand effect.10.Notices; Electronic Means. Any communicationrequired or permitted to be sent under this Agreementshall be in writing and sent via U.S. mail to the addressesset forth in this Agreement. Any change in address shallbe communicated in accordance with the provisions ofthis section.11.Billing. Initial payments are processed at thetime of enrollment. Subsequent payments are chargedquarterly, semi-annually or annually as elected by theMember.12.Amendments and Waivers. This Agreementmay only be revoked, altered, amended, or modified bythe written agreement of both parties hereto. No waiverof any provisions of this Agreement shall be valid unlessin writing and signed by the party against whom suchwaiver is sought. One or more waivers of any covenantor condition of this Agreement by any of the partieshereto shall not be construed as a waiver of anysubsequent breach or of other covenants or conditions.13.Section Headings. Any section, section title orcaption contained in this agreement is for convenienceonly, and in no way defines, limits or describes the scopeor intent of this Agreement or any of the provisionshereof.14.Governing Law. This Agreement shall begoverned by and construed in accordance with the lawsof the State of Florida without regard to Florida’s choiceof law provisions, except as otherwise provided herein.15.Counterparts. This Agreement may be executedin multiple counterparts, each of which shall be deemedan original and all of which shall constitute a singleAgreement.Membership FeesAnnual Membership Fee:Semi Annual Membership Fee:Quarterly Annual Membership Fee: 1800 per person 900 per person 450 per person

Concierge Medicine670 Glades Road, Suite 300Boca Raton, FL 33431Telephone: 561-955-5847Fax: 561-955-5846PLEASE SIGN AND RETURN THIS PAGE WITHYOUR PAYMENT PLEASE.Membership FeesAnnual Membership Fee:Semi Annual Membership Fee:Quarterly Annual Membership Fee: 1800 per person 900 per person 450 per personBy my signature below, I confirm that I have fully read, understand, and agree to all the terms andconditions set forth in this Agreement.MemberPrint NameSignatureAaron L. Klein, DOBocaCare Concierge MedicineDate

Concierge Medicine 670 Glades Road, Suite 300 Boca Raton, FL 33431 Telephone: 561-955-5847 Fax: 561-955-5846 BocaCare Concierge Medicine Membership Agreement This Membership Agreement (the "Agreement") is entered into by and between BocaCare, Inc., located at 800 Meadows Rd., Boca Raton, Florida (" oca are")