LENGTH OF CONTRACT. The
terms of this contract will be in force beginning on the date signed by both
parties with the following exception: The prices for services rendered are
guaranteed for one year from the date this contract is signed by the Client.
These prices are subject to re-negotiation on each anniversary of the signing of
this contract. This contract may be terminated by either party after giving 30
days' written notice of its intent to do so. At the time of termination materials belonging
to the client must be returned, and any and all completed transcription by the
Business Associate must be paid for, in full. Contract will be considered still in
effect until all monies owed to Business Associate are paid in full.
RESPONSIBILITIES OF EACH
PARTY. Business Associate will work with the Client to
develop a set of templates in order to standardize report formats. Business
Associate will not be responsible for printing envelopes, providing extra copies
of a document, or including graphics in a report. For standard delivery rates,
transcribed documents will be transmitted electronically within 48 hours of the
time of dictation. For priority delivery rates, transcribed documents will be
transmitted electronically as soon as possible, but no later than 24 hours after
the time of dictation.. Business Associate also provides for 4 hour
STAT turnaround time, if required, with a different rate schedule (see payment
schedule). Business Associate will train the Client in the proper procedures for
using its dictation equipment, dictation transmission procedures, as
necessary. Client will inform Business Associate of the minimum and
maximum workload expected per day, weekend assignments, etc. so that Business
Associate can organize its resources properly to meet the work load.
Business Associate will electronically archive all transcribed reports
indefinitely, unless instructed otherwise by Client. Business Associate will
instruct Client on how to use the Electronic Patient Record System, which is
offered as a part of the transcription service.
The Client will be responsible for
correctly entering the proper ID codes, patient, and report codes into the
dictation system. If the Client codes a document as a priority item, he will be
responsible for paying the priority billing rate (see payment schedule) on the
final transcribed document. In order to ensure a high-quality recorded
dictation, thus reducing the amount of time spent on corrections, the Client
will, whenever possible, organize his/her thoughts prior to commencing
dictation; speak clearly into the telephone; carefully spell out all names of
patients, doctors, new drugs, etc., and include all pertinent pieces of
identification (dates, patient numbers, addresses, etc.) in his or her
dictation. If the client is receiving documents via electronic transmission, the
Client will make only reasonable corrections in-house.
FEES AND PAYMENT
SCHEDULE
The Client shall reimburse the Business Associate in accordance with the
following schedule:
a)
Medical transcription services shall be billed at __ cents per line
standard rate for a 48 hour standard turnaround, for the first one year of this
contract.
b)
Priority services shall be defined as any work requested by the Client to
be completed in less than 24 hours from the time of receipt of materials by the
Business Associate and will be billed at ___cents per line. . Rush or STAT services (defined as
a 4 hour turnaround ) shall be billed at __ cents per line by the Business
Associate.
c) Special
work, including transcription of meetings, designing forms, any
non-transcription work or any irregular transcription work (i.e. not patient
reports, unscheduled clinics, etc.) requested by the Client shall be contracted
on a per project basis at a rate agreed to by both parties. Special work shall be undertaken solely
at the discretion of the Business Associate.
d)
Business Associate will bill the Client on the 1st day of each
month. Invoices will be mailed on the first day of the month. Terms are net 30
days. The Client is entitled to a "5% Early-Bird discount" if payment is
received by 5 p.m. on the 10th day of the same month as the invoice date.
However, it is the Client’s responsibility to determine the amount of the
discount and submit a check corresponding to the discounted amount.
e)
Client who is delinquent
beyond the 30-day payment deadline will be assessed a re-billing fee of an
additional $___per month above the dictation charges. If the Client is
delinquent on payment 60 days or more, Business Associate reserves the right to
withhold transcribed material until payment is made in full.
ERRORS AND
OMISSIONS
Due to the many variables
involved in the process of converting dictation from voice to text, there will
be times when a patch of unclear dictation needs to be filled in or certain
terms may need to be corrected. In such instances blank spaces will be left in
the transcribed document. The dictator is ultimately responsible for
proofreading each document. When information such as the patient's medical
record number, the date of a procedure, etc., has not been provided by the
dictator, it will be the Client's responsibility to manually enter such data
into the transcribed document. If a dictator wishes to make extensive
editorial revisions to a document there will be a $___service charge for word
processing. The final responsibility for all text rests with the dictator. In
the event of a malpractice claim or lawsuit, Business Associate cannot and will
not be held liable for any errors and/or omissions.
LIABILITY
Business
Associate's liability under this service agreement shall
be limited solely and exclusively to the correction of typographical errors. The
Client agrees to submit requests for changes due to typographical errors within
___ day(s) of delivery of final document.
CONFIDENTIALITY
The Business Associate agrees not to violate any confidence of the
patient or their family through indiscriminate discussion pertaining to the
patient, their treatment, diagnosis, or prognosis. The Business Associate agrees that all
patient records and patient information are strictly confidential and shall not
make any disclosures.
GOVERNING LAW
Enforcement of rights and responsibilities under this contract shall be
governed by the laws of the State of Massachusetts.
MATTERS NOT
INCLUDED
This document represents the entire agreement between the parties. No other terms or conditions shall be
implied or inferred from the text or otherwise. Any changes or amendments to this
agreement shall be in writing and shall be agreed to by both parties.
_____________________,
Client
_____________________,
Business Associate
______________________
Date
