This Laboratory Service Agreement (the "Agreement") is entered into this 22 day of March 2019 by and between Access Medical Laboratories, Inc., a Florida corporation ("Provider") and Doctor's Office (the "Client").
A. Provider is engaged in the business of Lab Testing for physicians, clinics, and all health care services throughout the United States.
B. Provider processes requested lab tests, performs the tests requested and will provide accurate results to the Client.
C. Provider is a Full Service Medical Laboratory with state of the art instrumentation to process labs and desires to retain the services that we provide for Client’s Patients.
1. SCOPE OF SERVICES. Provider agrees to run all blood or saliva work requested for patients of Client. Client shall submit a request for Services to Provider that shall include all of the necessary information Provider needs to procure the Services. Such information shall include the patients name, date of birth, phone number and the requested lab work to be performed. Upon receiving the request for lab work, the Provider shall perform the requested lab work for the patient.
2. BILLING AND COLLECTIONS FOR LAB SERVICE. Provider shall bill Client for the Services performed once the Services have been completed. The fees that the Provider shall charge the Client are for the laboratory work ordered for each patient. The prices charged by Provider for the lab work are based on the prices quoted to client. If the prices change, Provider shall send Client notice of the change in the price at least thirty (30) days prior to the implementation of the change.
SEE EXHIBIT A
If Client fails to make these payments when due, then the Provider shall charge Client a late fee equal to five percent (5%) of the outstanding amount. If NO payment is received after 15 days, Provider will not process any requests from Client until payment is made to Provider.
Client shall cooperate with Provider and provide Provider with all applicable patient information and other information necessary to Provider in performing the billing functions for Services provided under this Agreement.
3. TERM. The term of this Agreement shall commence on the effective date set forth above and continue for a term of one year. This Agreement shall automatically renew for successive terms of one year each until terminated. Either party may terminate this Agreement, with or without cause, upon not less than thirty (30) days advance written notice to the other.
4. MEDICAL RECORDS. All patient records shall be treated as confidential and maintained in compliance with all state and federal laws and regulations. All charts and medical records relating to patient care procured by Provider shall be owned and retained by Provider. This information shall include access to all records from laboratory work performed for a patient’s blood or saliva work. To the extent permitted by law, Client and Provider shall, on request, provide the other with copies of medical records for services procured in connection with this Agreement.
5. HIPAA COMPLIANCE. The parties acknowledge that in the performance of this Agreement, each may have access to patient medical records and other protected health information, the confidentiality of which is protected by law. Neither party nor its employees shall disclose to any third party, except where permitted or required by law or where such disclosure is expressly approved by the other party in writing, any patient or medical records information regarding patients receiving services under this Agreement, and both parties shall comply with all federal and state laws and regulations, and all rules, regulations and policies regarding the confidentiality of such patient information. Each party represents and warrants to the other that it is, and will remain, in compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) and all applicable HIPAA regulations, and each party shall cooperate with the other in implementing such business associate agreements or other agreements as HIPAA may require. Each party shall indemnify and hold the other party harmless from any liability, costs, awards, judgments, penalties or fees (including reasonable attorney’s fees) arising out of a breach of its confidentiality or other obligations under HIPAA..
6.1 All notices and other communications required to be in writing shall be deemed to have been given either at the time of delivery if delivered personally or by an independent contract carrier; or twenty-four (24) hours after the time of postmark if mailed Express Mail, postage prepaid, return receipt requested, or three (3) days after the time of postmark if mailed registered or certified mail, postage prepaid, return receipt required, and in each case, addressed as set forth below:
Access Medical Laboratories
5151 Corporate Way
Jupiter, FL 33458
Attn: Sales Manager
or to such other address as any party shall designate at any time in writing by notice to the other party in accordance with this paragraph.
6.2 Waiver and Modification. This Agreement may not be amended, modified, superseded or canceled, and none of the terms and conditions hereof may be waived, except by a written instrument executed by the parties or, in the case of a waiver, by the party waiving compliance.
6.3 Entire Agreement; Successors in Interest; Assignment. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. No assignment of any rights or delegation of any obligations for which provision is made in this Agreement may be made by any party without the prior written consent of the other party.
IN WITNESS WHEREOF, the parties here to have executed this Agreement as of the date set forth above.
ACCESS MEDICAL LABORATORIES, INC.
5151 Corporate Way
Jupiter, FL 33458
By: Access Medical Laboratories, Inc
Account Terms of Payment
1. National Accounts are faxed an invoice twice each month:
a. on the 16th (account activity from the 1st through the 15th); and
b. on the 1st (account activity from the 16th through the 31st).
2. Each invoice is accompanied by patient detail of the laboratory services.
3. Payment is due Net 0 from the date of the new account’s first two billable invoices. After the account has paid two billing periods, payment will be due Net 10 days from the date of invoice—for an invoice dated 04/01/2011, payment is due on 04/11/2011.
4.A valid credit card is required to be kept on file, and payment is processed on the invoice date for the first two billing periods. After the second billing period, payment is processed on the 11th day.
5. For accounts preferring payment by check after the first two billing periods, payment must be received by Access Medical Laboratories prior to the due date of the invoice.
For an invoice dated 03/01/2011, payment by check must be received before 03/11/2011.
If payment is not received within the respective pay period, the outstanding payment will default to the credit card on file for the current amount due
6. Regardless of payment by check, a valid credit card on file is an account requirement.