Billing and Collection. On behalf of and for the account of ---------------------- Provider, Service Company shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental Care. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in (S)8.3), an exclusive special power of attorney and appoints Service Company as Provider's exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special power of attorney and appointment, for the following purposes: (a) To ▇▇▇▇ Provider's patients, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, for all billable Dental Care provided by or on behalf of Provider to patients. (b) To ▇▇▇▇, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patients. (c) To collect and receive, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent. (d) To deposit all amounts collected into the Provider Account. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account. (e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care. (f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the Parties. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 3 contracts
Sources: Services Agreement (American Dental Partners Inc), Services Agreement (American Dental Partners Inc), Services Agreement (American Dental Partners Inc)
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Professional Eye Care Services and Optical Services provided by Dental Care the Practice, the Professionals, including any such fees paid directly to Provider or other personnel employed or otherwise retained by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CarePractice. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Service Company Retail Business Manager as Provider's the Practice’s exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's the Practice’s patients, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) using the Practice’s tax identification number and on Provider's the Practice’s behalf, for all billable Dental Professional Eye Care Services and Optical Services provided by or on behalf of Provider the Practice to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) using the Practice’s tax identification number and on Provider's the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services and Optical Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receive, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) and on Provider's the Practice’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Provider AccountAccount which shall be and at all times remain in the Practice’s name. Provider shall The Practice covenants to transfer and deliver to Service Company the Account all funds received by Provider the Practice from patients or third third-party payors for Dental Carebillable Professional Eye Care Services and Optical Services. Upon receipt by Service Company Retail Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental billable Professional Eye Care pursuant to this agreementServices and Optical Services, Service Company Retail Business Manager shall promptly immediately deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice’s patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Careof the Practice.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesRetail Business Management Agreement. Upon request of Service CompanyRetail Business Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Retail Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service Company's Retail Business Manager’s written consent. The irrevocable power of attorney shall expire when this agreement Retail Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Retail Business Manager pursuant to (S)7.7, if any, this Retail Business Management Agreement have been collected, and all amounts Management Fees due to Service Company as described in Article VII Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 3 contracts
Sources: Retail Business Management Agreement (Eyemasters Inc), Retail Business Management Agreement (Eyemasters Inc), Retail Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPractice, Service Company Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider Physicians or Optometrists and for all goods sold by Service Company pursuant to Practice in connection with the then-current Membership Agreement Dispensary Business, all for application solely in accordance with the Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company and Provideron behalf of Practice which Business Manager shall deem commercially reasonable. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and ancillary services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderPractice's exclusive true and lawful agent and attorney-in-in- fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(b) To ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid Services, to collect and receive, as the Agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof) and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited into such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected into the Provider Depository Account which shall be in the name of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. Provider The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to Service Company Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by Provider Practice from patients or third party payors for Dental CareMedical Services provided on or after the Effective Date and for all goods sold in connection with the Dispensary Business on or after the Effective Date. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider Practice pursuant hereto for Dental Care pursuant to this agreementMedical Services provided on or after the Effective Date or for goods sold in connection with the Dispensary Business on or after the Effective Date, Service Company Business Manager shall promptly deposit the same into the Provider AccountDepository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, Business Manager shall disburse such deposited funds to creditors and other persons on behalf of Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of ProviderPractice, and solely for deposit into the Provider Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services and ancillary services and for goods sold in payment of accounts receivable for Dental Careconnection with the Dispensary Business.
(fh) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPractice, and to make withdrawals from the Provider Depository Account for payments specified in this agreement and otherwise Management Services Agreement or as agreed upon requested from time to time by Practice. Throughout the PartiesTerm (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods sold by Practice in connection with the Dispensary Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Service CompanyBusiness Manager, Provider Practice shall execute and deliver to the financial institution at which where the Provider Depository Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider Practice pursuant to this section and (S)4.12Section 4.8. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable during the term hereof, except with Service Company's written consentBusiness Manager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this agreement has been terminatedManagement Services Agreement, the collection, sale or release of all accounts receivable purchased by Service Company Business Manager, and the payment of all Management Fees due to Business Manager as of such date pursuant to (S)7.7Section 6.2 hereof. If Business Manager assigns this Management Services Agreement in accordance with its terms, if any, have been collected, then Practice shall execute a power of attorney in favor of the assignee and all amounts due to Service Company as described in Article VII have been paidthe form of Exhibit 4.8 attached ----------- hereto.
Appears in 2 contracts
Sources: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On Subject to Practice's ability to establish ---------------------- its fee schedules, on behalf of and for the account of ---------------------- ProviderPractice, Service Company Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider by Service Company pursuant to Physicians or Optometrists for application solely in accordance with the then-current Membership Agreement Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company and Provideron behalf of Practice which Business Manager shall deem commercially reasonable. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and Ancillary Services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderPractice's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by or on behalf of Provider Practice to patients., unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by or on behalf of Provider Practice to patients., unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited in such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected into the Provider Depository Account which shall be in the name of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. Provider The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to Service Company Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by Provider Practice from patients or third party payors for Dental CareMedical Services provided on or after the Effective Date. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider Practice pursuant hereto for Dental Care pursuant to this agreementMedical Services provided on or after the Effective Date, Service Company Business Manager shall promptly deposit the same into the Provider AccountDepository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, Business Manager shall disburse such deposited funds to creditors and other persons on behalf of Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of ProviderPractice, and solely for deposit into the Provider Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received in as payment of accounts receivable for Dental CareMedical Services and Ancillary Services.
(fh) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPractice, and to make withdrawals from the Provider Depository Account for payments specified in this agreement and otherwise Management Services Agreement or as agreed upon requested from time to time by Practice. Throughout the PartiesTerm (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and Ancillary Services on or after the Effective Date and collected by Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Service CompanyBusiness Manager, Provider Practice shall execute and deliver to the financial institution at which where the Provider Depository Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider Practice pursuant to this section and (S)4.12Section 4.8. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable during the term hereof, except with Service Company's written consentBusiness Manager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this agreement has been terminatedManagement Services Agreement, the collection, sale or release of all accounts receivable purchased by Service Company Business Manager, and the payment of all Management Fees due to Business Manager as of such date pursuant to (S)7.7Section 6.3 hereof. If Business Manager assigns this Management Services Agreement in accordance with its terms, if any, have been collected, then Practice shall execute a power of attorney in favor of the assignee and all amounts due to Service Company as described in Article VII have been paid.the form of Exhibit 4.8 attached hereto. -----------
Appears in 2 contracts
Sources: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPractice, Service Company Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider Physicians or Optometrists and for all goods sold by Service Company pursuant to Practice in connection with the then-current Membership Agreement Dispensary Business, all for application solely in accordance with the Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company and Provideron behalf of Practice which Business Manager shall deem commercially reasonable. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and ancillary services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderPractice's exclusive true and lawful agent and attorney-in-in- fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(b) To ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited into such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected into the Provider Depository Account which shall be in the name of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. Provider The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to Service Company Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by Provider Practice from patients or third party payors for Dental CareMedical Services provided on or after the Effective Date and for goods sold in connection with the Dispensary Business on or after the Effective Date. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider Practice pursuant hereto for Dental Care pursuant to this agreementMedical Services provided on or after the Effective Date or for goods sold in connection with the Dispensary Business on or after the Effective Date, Service Company Business Manager shall promptly deposit the same into the Provider AccountDepository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, Business Manager shall disburse such deposited funds to creditors and other persons on behalf of Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of ProviderPractice, and solely for deposit into the Provider Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services and ancillary services and for goods sold in payment of accounts receivable for Dental Careconnection with the Dispensary Business.
(fh) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPractice, and to make withdrawals from the Provider Depository Account for payments specified in this agreement and otherwise Management Services Agreement or as agreed upon requested from time to time by Practice. Throughout the PartiesTerm (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods sold by Practice in connection with the Dispensary Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Service CompanyBusiness Manager, Provider Practice shall execute and deliver to the financial institution at which where the Provider Depository Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider Practice pursuant to this section and (S)4.12Section 4.8. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable during the term hereof, except with Service Company's written consentBusiness Manager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this agreement has been terminatedManagement Services Agreement, the collection, sale or release of all accounts receivable purchased by Service Company Business Manager, and the payment of all Management Fees due to Business Manager as of such date pursuant to (S)7.7Section 6.3 hereof. If Business Manager assigns this Management Services Agreement in accordance with its terms, if any, have been collected, then Practice shall execute a power of attorney in favor of the assignee and all amounts due to Service Company as described in Article VII have been paid.the form of Exhibit 4.8 attached hereto. -----------
Appears in 2 contracts
Sources: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On behalf of and for the account of ---------------------- ProviderMedical Group, Service Company Business Manager shall have the exclusive right to establish and maintain maintain, on behalf of Medical Group, all credit and billing and collection policies and procedures, and shall exercise reasonable efforts coordinate and supervise Medical Group personnel to ▇▇▇▇ ensure the timely billing and collect in a timely manner collection of all professional and other fees for all billable Dental Care Medical Services provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (Medical Group or similar agreement for providing professional services to dental plans) between Service Company and ProviderPhysicians. Service Company Business Manager shall advise and consult with Provider Medical Group regarding the fees for Dental Care Medical Services provided by Provider (including any related discounting policy)Medical Group; it being understood, however, that Provider's consent Business Manager shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3), Medical Group hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderMedical Group's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Providersupervise and coordinate the billing of Medical Group's patients, in either Providerthe name of Medical Group's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, behalf of Medical Group for all billable Dental Care Medical Services provided by or on behalf of Provider Medical Group to patients.
(b) To ▇▇▇▇, supervise and coordinate the billing in either Provider's or Service CompanyMedical Group's name (as Service Company deems appropriate) and on ProviderMedical Group's behalf, as applicable, all claims for reimbursement or indemnification from Blue Shield/Blue Cross, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided by or on behalf of Provider Medical Group to patients.
(c) To collect ensure the collection and receive, receipt in either Provider's or Service CompanyMedical Group's name (as Service Company deems appropriate) and on ProviderMedical Group's behalf, all accounts receivable generated by such ▇▇▇▇bill▇▇▇▇ and ▇▇▇ claims for reimbursementreimbursement that have not been purchased by Business Manager, to administer such accounts including, but not limited to, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) discharging or releasing the obligors of any such accounts; (iii) with the consent of the Policy Board, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with the of the Policy Board, taking other measures to require the payment of an any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider Account. Provider shall transfer in Medical Group's name and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.on behalf
(e) To take possession of, endorse in the name of ProviderMedical Group, and deposit into the Provider Medical Group Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental CareMedical Services.
(f) To sign checks, drafts, bank notes or other instruments on behalf of ProviderMedical Group, and to make withdrawals from the Provider Medical Group Account for payments specified in this agreement Management Services Agreement and otherwise as agreed upon requested from time to time by the PartiesMedical Group. Upon request of Service CompanyBusiness Manager, Provider Medical Group shall execute and deliver to the financial institution at which wherein the Provider Account Medical Group is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider Medical Group pursuant to this section and (S)4.12Section 4.8 or pursuant to Section 4.9 of this Management Services Agreement. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyBusiness Manager's written consent. The irrevocable power of attorney shall expire on the later of when this agreement Management Services Agreement has been terminated, when all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, Business Manager have been collected, and or when all amounts Management Fees due to Service Company as described in Article VII Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then Medical Group shall execute a power of attorney in favor of the assignee and in the form of Exhibit 4.8 attached hereto.
Appears in 2 contracts
Sources: Management Services Agreement (Raytel Medical Corp), Management Services Agreement (Raytel Medical Corp)
Billing and Collection. Manager shall provide, or engage a third party to provide, such billing and collection services (“Billing and Collection Services”) as are reasonably necessary to attempt to collect in a timely manner all accounts receivable in connection with the provision of the Professional Services furnished by Provider. On behalf of and for the account of ---------------------- Provider, Service Company and in consultation with Provider, Manager shall establish and maintain credit reasonable and compliant billing and collection collections policies and procedures, procedures for Provider and shall exercise reasonable efforts to ▇▇▇▇ bill and collect in a timely manner all professional and other fees for all billable Dental Care services provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company Manager shall advise observe, and consult with Provider regarding the fees for Dental Care provided ensure compliance by Provider with, all applicable laws regarding billing and collecting for professional dental services, and shall further ensure Provider’s compliance with all applicable policies and procedures of third-party payors. Manager will assist Provider in the provision of training to Provider’s Dentists (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), aboveas defined in Section 2.1(a) to be charged for Dental Carebelow) regarding proper coding and coding compliance. In connection with the billing Billing and collection services Collection Services to be provided hereunder, Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in (S)8.3), an exclusive special power of attorney and appoints Service Company Manager as Provider's ’s exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special grants power of attorney in favor of Manager, and appointmentManager h▇▇▇▇▇ accepts such appointment and power of attorney, solely for the following purposes:
(a) To ▇▇▇▇ Provider's patientsto submit, in either the name of Provider and any and all dentists employed or engaged by Provider to provide Professional Services for the benefit of Provider (collectively the “Dentists”), under Provider's or Service Company's name (as Service Company deems appropriate’s and/or each Dentist’s provider number(s) when obtained, and on Provider's behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's name (as Service Company deems appropriate) ’s and on Provider's each Dentists’ behalf, all claims for reimbursement or indemnification from insurance companies to all patients and plansthird party payors, all including, without limitation, state or federally funded dental benefit plansfederal health care programs, and all other third party payors or fiscal intermediaries for all covered billable Dental Care Professional Services provided by Provider or on behalf of Provider any Dentist to patients.;
(cb) To to collect and receive, in either Provider's or Service Company's the name (as Service Company deems appropriate) of Provider and each Dentist, and on Provider's behalfbehalf of Provider and each Dentist, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, ; to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider Account. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account Provider’s designated bank account(s) any notes, checks, money orders, insurance payments, and any other instruments received in as payment of accounts receivable receivable; to take all actions necessary to administer such accounts including, without limitation, extending the time or payment of any such accounts for Dental Care.cash, credit or otherwise; to discharge or release the obligors of any such accounts; to sue, assign or sell at a discount such accounts to collection agencies, or take other measures to require the payment of any such accounts;
(fc) To to make demand with respect to, s▇▇▇▇▇, compromise, and adjust such claims and to coordinate with collections agencies in the name of Provider and each Dentist, any note, check, money order, insurance payment, or other instrument received as payment for Professional Services;
(d) to effect the transfer from Provider’s bank accounts to an account designated by Manager the payment of any and all amounts due by Provider to Manager, including without limitation, any payment due for the Services or in connection with loans made by Manager or one of its affiliates to Provider; and
(e) to sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account Provider’s account for payments specified in this agreement Agreement and otherwise as agreed upon requested from time to time by the Parties. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collectedProvider, and all amounts due generally to Service Company as described apply such funds in Article VII have been paida manner consistent with this Agreement.
Appears in 2 contracts
Sources: Administrative Resources Agreement (Park Dental Partners, Inc.), Administrative Resources Agreement (Park Dental Partners, Inc.)
Billing and Collection. On behalf of and for the account of ---------------------- Provider, Service Company shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect in a timely manner (and to the extent permitted by applicable law) all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); , it being understood, however, that Provider's consent Provider shall be necessary to establish the fees (subject to (S)3.2(dSection 3.2(d), above) to be charged for Dental CareCare and that Service Company shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, to the extent permitted by applicable law, throughout the Term (and thereafter as provided in (S)8.3Section 8.3), an exclusive special power of attorney and appoints Service Company Company, to the extent permitted by applicable law, as Provider's ’s exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's ’s patients, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patients.
(c) To collect and receive, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider AccountAccount which shall be and at all times remain in Provider’s name. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreementAgreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement Agreement and otherwise as agreed upon requested from time to time by Provider.
(g) To designate, remove, and change such signatories on the PartiesProvider Account as Service Company deems necessary or appropriate from time to time. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12Section 4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's ’s written consent. The irrevocable power of attorney shall expire when this agreement Agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7Section 7.6, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement (American Dental Partners Inc)
Billing and Collection. On Manager shall, on behalf of and for the account of ---------------------- Provider, Service Company shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care services provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental Care. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in (S)8.3), an exclusive special power of attorney and appoints Service Company Manager as Provider's ’s exclusive true and lawful agent and attorney-in-factagent, and Service Company Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's patients▇, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's ’s behalf, all claims for reimbursement or indemnification from employers, patients, insurance companies companies, HMOs and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care medical care provided by or on behalf of Provider to patients.
(cb) To Except as set forth in Article 5, to collect and receive, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to take possession of, endorse in the name of Provider, and deposit into Provider’s account or any other account as directed by Provider any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for medical care, to administer such accounts including, but not limited to, extending the time of or payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors material obligors, or assigning or selling accounts at a discount to collection agencies shall not be undertaken without Provider ConsentProvider’s consent, which shall not be unreasonably withheld.
(d) To deposit all amounts collected into the Provider Account. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(fc) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account Provider’s account for payments as specified in this agreement Agreement and otherwise as agreed upon requested from time to time by the PartiesProvider. Upon request of Service CompanyManager, Provider shall execute and deliver to the financial institution at which the Provider Account Provider’s account is maintained such additional documents or instruments as Service Company Manager may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12demonstrate its authority. The special power of attorney agency granted herein is coupled with an interest and shall be irrevocable except with Service Company's Manager’s written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 2 contracts
Sources: Administrative Services Agreement (Oak Street Health, Inc.), Administrative Services Agreement (Oak Street Health, Inc.)
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPractice, Service Company Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider Physicians or Optometrists and for all goods and services sold or performed by Service Company pursuant to Practice in connection with the thenNon-current Membership Agreement Ophthalmic Business, all for application solely in accordance with the Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company and Provideron behalf of Practice which Business Manager shall deem commercially reasonable. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and ancillary services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent (x) Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees and (y) no new ancillary services shall be provided in the Office without Practice Consent. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderPractice's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(b) To ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding accounts receivable for Medicare and Medicaid services, to collect and receive, as the agent of Practice in Business Manager's name and for Business Manager's account, all accounts receivable of Practice purchased by Business Manager, including, without limitation, the Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To collect all government program accounts receivable after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control (the "Depository Account"). Once deposited in such accounts, Practice hereby authorizes the government program accounts receivable to be automatically swept into the Depository Account.
(f) To deposit all amounts collected into the Provider Depository Account which shall be in the name of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. Provider The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to Service Company Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by Provider Practice from patients or third party payors for Dental CareMedical Services provided on or after the Effective Date and for goods and services sold by Practice in connection with the Non-Ophthalmic Business after the Effective Date. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider Practice pursuant hereto for Dental Care pursuant to this agreementMedical Services provided on or after the Effective Date or for goods and services sold by Practice in connection with the Non- Ophthalmic Business after the Effective Date, Service Company Business Manager shall promptly deposit the same into the Provider AccountDepository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, Business Manager shall disburse such deposited funds to creditors and other persons on behalf of Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of ProviderPractice, and solely for deposit into the Provider Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services, ancillary services and for all goods and services sold by Practice in payment of accounts receivable for Dental Careconnection with the Non-Ophthalmic Business.
(fh) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPractice, and to make withdrawals from the Provider Depository Account for payments specified in this agreement and otherwise Management Services Agreement or as agreed upon requested from time to time by Practice. Throughout the PartiesTerm (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Service CompanyBusiness Manager, Provider Practice shall execute and deliver to the financial institution at which where the Provider Depository Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider Practice pursuant to this section and (S)4.12Section 4.8. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable during the term hereof, except with Service Company's written consentBusiness Manager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this agreement has been terminatedManagement Services Agreement, the collection, sale or release of all accounts receivable purchased by Service Company Business Manager, and the payment of all Management Fees due to Business Manager as of such date pursuant to (S)7.7Section 6.2 hereof. If Business Manager assigns this Management Services Agreement in accordance with its terms, if any, have been collected, then Practice shall execute a power of attorney in favor of the assignee and all amounts due to Service Company as described in Article VII have been paid.the form of Exhibit 4.8 attached hereto. -----------
Appears in 2 contracts
Sources: Management Services Agreement (Novamed Eyecare Inc), Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On behalf of and for the account of ---------------------- Provider, Service Company shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); , it being understood, however, that Provider's consent Provider shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareCare and that Service Company shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in (S)8.3), an exclusive special power of attorney and appoints Service Company as Provider's exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's patients, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patients.
(c) To collect and receive, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider AccountAccount which shall be and at all times remain in Provider's name. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon requested from time to time by the PartiesProvider. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 2 contracts
Sources: Service Agreement (American Dental Partners Inc), Service Agreement (American Dental Partners Inc)
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPractice, Service Company Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider Physicians or Optometrists and for all goods sold by Service Company pursuant to Practice in connection with the then-current Membership Agreement Dispensary Business, all for application solely in accordance with the Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company and Provideron behalf of Practice which Business Manager shall deem commercially reasonable. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and ancillary services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderPractice's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(b) To ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited into such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected into the Provider Depository Account which shall be in the name of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. Provider The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to Service Company Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by Provider Practice from patients or third party payors for Dental CareMedical Services provided on or after the Effective Date and for goods sold in connection with the Dispensary Business on or after the Effective Date. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider Practice pursuant hereto for Dental Care pursuant to this agreementMedical Services provided on or after the Effective Date or for goods sold in connection with the Dispensary Business on or after the Effective Date, Service Company Business Manager shall promptly deposit the same into the Provider AccountDepository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, Business Manager shall disburse such deposited funds to creditors and other persons on behalf of Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of ProviderPractice, and solely for deposit into the Provider Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services and ancillary services and for goods sold in payment of accounts receivable for Dental Careconnection with the Dispensary Business.
(fh) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPractice, and to make withdrawals from the Provider Depository Account for payments specified in this agreement and otherwise Management Services Agreement or as agreed upon requested from time to time by Practice. Throughout the PartiesTerm (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods sold by Practice in connection with the Dispensary Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Service CompanyBusiness Manager, Provider Practice shall execute and deliver to the financial institution at which where the Provider Depository Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider Practice pursuant to this section and (S)4.12Section 4.8. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable during the term hereof, except with Service Company's written consentBusiness Manager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this agreement has been terminatedManagement Services Agreement, the collection, sale or release of all accounts receivable purchased by Service Company Business Manager, and the payment of all Management Fees due to Business Manager as of such date pursuant to (S)7.7Section 6.3 hereof. If Business Manager assigns this Management Services Agreement in accordance with its terms, if any, have been collected, then Practice shall execute a power of attorney in favor of the assignee and all amounts due to Service Company as described in Article VII have been paidthe form of Exhibit 4.8 attached hereto.
Appears in 1 contract
Sources: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On behalf of and for the account of ---------------------- Provider, Service Company shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); , it being understood, however, that Provider's consent Provider shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareCare and that Service Company shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in (S)8.3), an exclusive special power of attorney and appoints Service Company as Provider's exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's patients, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patients.
(c) To collect and receive, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider AccountAccount which shall be and at all times remain in Provider's name. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon requested from time to time by the PartiesProvider. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.with
Appears in 1 contract
Billing and Collection. On behalf of and for the account of ---------------------- Provider, Service Company shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect in a timely manner (and to the extent permitted by applicable law) all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); , it being understood, however, that Provider's consent Provider shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareCare and that Service Company shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, to the extent permitted by applicable law, throughout the Term (and thereafter as provided in (S)8.3), an exclusive special power of attorney and appoints Service Company Company, to the extent permitted by applicable law, as Provider's exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's patients, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patients.
(c) To collect and receive, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider AccountAccount which shall be and at all times remain in Provider's name. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon requested from time to time by the PartiesProvider. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 1 contract
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPractice, Service Company Practice-Owners, and Physicians directly employed by Practice-Owners, and except as otherwise provided herein, Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider Practice-Owners, Physicians or Optometrists and for all goods sold by Service Company pursuant to Practice or Practice-Owners in connection with the thenNon-current Membership Agreement Ophthalmic Business, all for application solely in accordance with the Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company on behalf of Practice and ProviderPractice-Owners consistent with reasonably prudent business practices. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and ancillary services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 8.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager, and shall cause Practice-Owners to grant an exclusive special power of attorney and appoint Business Manager, as ProviderPractice's or Practice-Owners', respectively, exclusive true and lawful agent and attorney-in-fact, and Service Company hereby Business Manager hereby, and pursuant to Billing and Collection agreements between Business Manager and each Practice-Owner (except those Practice-Owners who are directly employed by Practice) in the form attached hereto at Exhibit 4.8(a) (the "Billing and Collection Agreements"), accepts such special power of attorney and appointment, solely for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold and services provided by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or any other applicable federal, state or local law or regulation. Consistent with the foregoing, the following specifications shall apply to all billing and collection provisions of this Management Services Agreement:
(i) Business Manager will ▇▇▇▇ and collect in accordance with this Management Services Agreement for (A) all Medical Services and other services generating Non-Ophthalmic Business Revenues rendered within any Office, and (B) all Medical Services rendered outside of the Offices of Practice except insofar as such Medical Services are to be paid for by Medicare, Medicaid, or any other governmental health program, or except insofar as such billing is not permitted by another third party payor being billed for such Medical Services; and
(ii) For Medical Services rendered outside of an Office which are to be paid for by Medicare, Medicaid, or any other governmental health program, or which are to be paid for by a third party payor that does not permit billing in accordance with Section 4.8(a)(i) hereof, Business Manager shall ▇▇▇▇ and collect under this Management Services Agreement for Medical Services only insofar as such services are provided by employees of Practice. Medical Services rendered outside of an Office by other than an employee of Practice, and which are to be paid for by Medicare, Medicaid, or any other governmental health program, or by another third party payor if so required by said third party payor, must be billed in the name of the provider of said services or his/her employer. In most, if not all, instances, the provider of services will be employed by a Practice-Owner, each of which shall maintain a Billing and Collection Agreement with Business Manager authorizing Business Manager to ▇▇▇▇ and collect on behalf of Provider said provider or employer. Pursuant to patientsthe Services Agreements and the aforesaid Billing and Collection Agreements, all payments and proceeds of such ▇▇▇▇▇▇▇▇ and collections shall be deposited into an account maintained in Practice-Owner's name over which Practice-Owner has sole control (each such account shall be referred to herein as a "Practice Owner Account"). Business Manager will then automatically sweep such funds into an account selected by Business Manager and maintained in Business Manager's name (the "Depository Account"), at which time Business Manager will collect and allocate such funds to Practice pursuant to the direction of Practice and in accordance with this Management Services Agreement.
(b) To Except as otherwise provided in Section 4.8(a) above, to ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patientsany other applicable federal, state or local law or regulation.
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in the Depository Account.
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) Subject to Section 4.8(a)(ii) above, to collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control (the "Practice Account"), or into a Practice-Owner Account, as applicable. Once deposited in such account, Practice hereby authorizes, and shall cause Practice- Owner to authorize, the government receivables to be automatically swept into the Depository Account as provided in Section 4.8(f), below. Practice shall cause the institution at which it maintains the aforementioned Practice Account to provide Business Manager with copies of all bank statements prepared with respect to such account.
(f) To deposit all amounts collected into the Provider Account. Provider Depository Account which shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse be in the name of ProviderBusiness Manager, but in which Business Manager will account for such funds on a separate and distinct basis from any other funds deposited into such account by other practices for which Business Manager provides management services. Moreover, subject to Business Manager's authority to discharge its responsibilities under this Agreement, Practice or Practice- Owner, as applicable, shall retain all rights in and to such deposited funds irrespective of their deposit into the Provider Depository Account; provided, however, that Practice or Practice-Owner, as applicable, shall have no rights in or to funds in the Depository Account that have been collected and received pursuant to Section 4.8(c). The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice and Practice-Owners by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice and Practice-Owners, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and as Practice-Owner's agent pursuant to the power of attorney set forth in the Billing and Collection Agreements, and, except as expressly provided herein, all rights to such funds shall remain with Practice (directly or through the Services Agreements). Practice covenants, and shall cause each Physician and Optometrist to covenant, to forward any payments, notes, checks, money orders, insurance payments, payments and any other instruments received for Medical Services provided and goods sold in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes connection with the Dispensary Business on or other instruments after the Original Effective Date by or on behalf of ProviderPractice or any of the Physicians or Optometrists to Business Manager for deposit into Depository Account, or covenants that Practice itself or Practice-Owners themselves will make such deposit of, all funds received by Practice or Practice-Owners from patients or third party payors for Medical Services provided on or after the Effective Date and to make withdrawals from for services provided and goods sold in connection with the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by Non-Ophthalmic Business on or after the PartiesEffective Date. Upon request receipt by Business Manager of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.any funds from patients or
Appears in 1 contract
Sources: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On behalf of and for the account of ---------------------- Provider, Service Company shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect in a timely manner (and to the extent permitted by applicable law) all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); , it being understood, however, that Provider's consent Provider shall be necessary to establish the fees (subject to (S)3.2(dSection 3.2(d), above) to be charged for Dental CareCare and that Service Company shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, to the extent permitted by applicable law, throughout the Term (and thereafter as provided in (S)8.3Section 8.3), an exclusive special power of attorney and appoints Service Company Company, to the extent permitted by applicable law, as Provider's ’s exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's ’s patients, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patients.
(c) To collect and receive, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider AccountAccount which shall be and at all times remain in Provider’s name. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreementAgreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement Agreement and otherwise as agreed upon requested from time to time by Provider.
(g) To designate, remove, and change such signatories on the PartiesProvider Account as Service Company deems appropriate from time to time. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12Section 4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's ’s written consent. The irrevocable power of attorney shall expire when this agreement Agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7Section 7.6, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 1 contract
Billing and Collection. On As an agent on behalf of and for the ------------------------ account of ---------------------- Providerthe Practice, Service Company Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to timely ▇▇▇▇ and collect in a timely manner all professional Professional and other fees for all billable Dental Professional Eye Care Services provided by Dental Care Professionalsthe Practice, including any such fees paid directly or Professionals employed or otherwise retained by the Practice. The Practice Advisory Council shall make recommendations to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider Business Manager and the Practice regarding the fees for Dental Professional Eye Care Services provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CarePractice. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as Providerthe Practice's exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Providerthe Practice's patients, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, for all billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(b) To ▇▇▇▇, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receive, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) and on Providerthe Practice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and State fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected into the Provider AccountAccount which shall be a cash collateral account held in the name of Business Manager and shall be opened at a financial institution chosen by Business Manager. Provider All amounts received or collected are hereby pledged to the Business Manager and shall be held or deposited in the Account to secure the performance of the Practice's obligations under this Agreement. The Account shall be held under Business Manager's tax identification number. The Practice covenants to transfer and deliver to Service Company the Account all funds received by Provider the Practice from patients or third third-party payors for Dental CareProfessional Eye Care Services. Upon receipt by Service Company Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental Professional Eye Care pursuant to this agreementServices, Service Company Business Manager shall promptly immediately deposit the same into the Provider Account. So long as the Practice is in full compliance with the terms of this Business Management Agreement, the Business Manager shall administer, be responsible for, and be obligated to pay for all Office Expenses. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds. Business Manager may borrow amounts from the Account in excess of amounts due Business Manager pursuant to this Agreement and to the full extent of funds in the Account. Such borrowed amounts shall bear interest to the Account in the amount of six percent (6%) per annum, and any of such borrowed amounts outstanding shall be repaid by Business Manager to the Account when needed to cover all expenses and obligations under this Agreement and shall be repaid within thirty (30) days of the termination of this Agreement.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental CareProfessional Eye Care Services.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesBusiness Management Agreement. Upon request of Service CompanyBusiness Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyBusiness Manager's written consent. The irrevocable power of attorney shall expire when this agreement Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Business Manager pursuant to (S)7.7, if any, this Business Management Agreement have been collected, collected and all amounts Management Fees due to Service Company as described in Article VII Business Manager have been paid. If Business Manager assigns this Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Business Manager.
(g) Notwithstanding the foregoing, to the extent that the above power of attorney is inconsistent with Medicare or state Medicaid rules prohibiting payment to a party other than the Practice under a power of attorney, the following shall apply:
(i) the Practice shall create a separate bank account over which the Practice shall have sole signatory authority (the "Practice Medicare Account");
(ii) the Business Manager shall deposit all Medicare and state Medicaid program payments that are subject to these rules in the Practice Medicare Account upon receipt; and
(iii) the Practice shall instruct the applicable bank to sweep all funds from the Practice Medicare Account into the Account on a daily basis. Any revocation of the instruction to the bank concerning transferring funds from the Practice Medicare Account to the Account shall constitute a breach of this Agreement by the Practice.
(h) The Practice shall have the right to terminate any power of attorney set forth herein should there be a material breach of this Agreement by Business Manager, which is not cured within the time periods set forth herein.
Appears in 1 contract
Sources: Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to ▇timely bill ▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Professional Eye Care Services and Optical Services provided by Dental Care the Practice, the Professionals, including any such fees paid directly to Provider or other personnel employed or otherwise retained by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CarePractice. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Service Company Retail Business Manager as Providerthe Practice's exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇bill ▇▇▇ ProviderPractice's patients, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, for all billable Dental Professional Eye Care Services and Optical Services provided by or on behalf of Provider the Practice to patients.
(b) To bill, ▇▇▇▇, in either Provider's or Service Company▇ the Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services and Optical Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receive, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) and on Providerthe Practice's behalf, all accounts receivable generated by such ▇▇▇▇bill▇▇▇▇ and ▇▇▇ claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Provider AccountAccount which shall be and at all times remain in the Practice's name. Provider shall The Practice covenants to transfer and deliver to Service Company the Account all funds received by Provider the Practice from patients or third third-party payors for Dental Carebillable Professional Eye Care Services and Optical Services. Upon receipt by Service Company Retail Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental billable Professional Eye Care pursuant to this agreementServices and Optical Services, Service Company Retail Business Manager shall promptly immediately deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice's patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Careof the Practice.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesRetail Business Management Agreement. Upon request of Service CompanyRetail Business Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Retail Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyRetail Business Manager's written consent. The irrevocable power of attorney shall expire when this agreement Retail Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Retail Business Manager pursuant to (S)7.7, if any, this Retail Business Management Agreement have been collected, and all amounts Management Fees due to Service Company as described in Article VII Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Sources: Retail Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. Manager shall provide, or engage a third party to provide, such billing and collection services (“Billing and Collection Services”) as are reasonably necessary to attempt to collect in a timely manner all accounts receivable in connection with the provision of the Professional Services furnished by Provider. On behalf of and for the account of ---------------------- Provider, Service Company and in consultation with Provider, Manager shall establish and maintain credit reasonable and compliant billing and collection collections policies and procedures, procedures for Provider and shall exercise reasonable efforts to ▇▇▇▇ bill and collect in a timely manner all professional and other fees for all billable Dental Care services provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company Manager shall advise observe, and consult with Provider regarding the fees for Dental Care provided ensure compliance by Provider with, all applicable laws regarding billing and collecting for professional dental services, and shall further ensure Provider’s compliance with all applicable policies and procedures of third-party payors. Manager will assist Provider in the provision of training to Provider’s Dentists (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), aboveas defined in Section 2.1(a) to be charged for Dental Carebelow) regarding proper coding and coding compliance. In connection with the billing Billing and collection services Collection Services to be provided hereunder, Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in (S)8.3), an exclusive special power of attorney and appoints Service Company Manager as Provider's ’s exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special grants power of attorney in favor of Manager, and appointmentManager ▇▇▇▇▇▇ accepts such appointment and power of attorney, solely for the following purposes:
(a) To ▇▇▇▇ Provider's patientsto submit, in either the name of Provider and any and all dentists employed or engaged by Provider to provide Professional Services for the benefit of Provider (collectively the “Dentists”), under Provider's or Service Company's name (as Service Company deems appropriate’s and/or each Dentist’s provider number(s) when obtained, and on Provider's behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's name (as Service Company deems appropriate) ’s and on Provider's each Dentists’ behalf, all claims for reimbursement or indemnification from insurance companies to all patients and plansthird party payors, all including, without limitation, state or federally funded dental benefit plansfederal health care programs, and all other third party payors or fiscal intermediaries for all covered billable Dental Care Professional Services provided by Provider or on behalf of Provider any Dentist to patients.;
(cb) To to collect and receive, in either Provider's or Service Company's the name (as Service Company deems appropriate) of Provider and each Dentist, and on Provider's behalfbehalf of Provider and each Dentist, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, ; to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider Account. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account Provider’s designated bank account(s) any notes, checks, money orders, insurance payments, and any other instruments received in as payment of accounts receivable receivable; to take all actions necessary to administer such accounts including, without limitation, extending the time or payment of any such accounts for Dental Care.cash, credit or otherwise; to discharge or release the obligors of any such accounts; to sue, assign or sell at a discount such accounts to collection agencies, or take other measures to require the payment of any such accounts;
(fc) To to make demand with respect to, ▇▇▇▇▇▇, compromise, and adjust such claims and to coordinate with collections agencies in the name of Provider and each Dentist, any note, check, money order, insurance payment, or other instrument received as payment for Professional Services;
(d) to effect the transfer from Provider’s bank accounts to an account designated by Manager the payment of any and all amounts due by Provider to Manager, including without limitation, any payment due for the Services or in connection with loans made by Manager or one of its affiliates to Provider; and
(e) to sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account Provider’s account for payments specified in this agreement Agreement and otherwise as agreed upon requested from time to time by the Parties. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collectedProvider, and all amounts due generally to Service Company as described apply such funds in Article VII have been paida manner consistent with this Agreement.
Appears in 1 contract
Sources: Administrative Resources Agreement (Park Dental Partners, Inc.)
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Professional Eye Care Services provided by Dental Care Professionalsthe Practice, including any such fees paid directly to Provider the Professionals or other personnel employed or otherwise retained by Service Company pursuant the Practice, provided that Professional Business Manager shall perform these billing and collection services only to the then-current Membership Agreement (extent that said services are not provided to, or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding arranged for, the fees for Dental Care provided Practice by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareRetail Business Manager. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Professional Business Manager an exclusive special power of attorney and appoints Service Company Professional Business Manager as Provider's the Practice’s exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's the Practice’s patients, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) using the Practice’s tax identification number and on Provider's the Practice’s behalf, for all billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) using the Practice’s tax identification number and on Provider's the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receive, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) and on Provider's the Practice’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Professional Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Provider AccountProfessional Practice Account which shall be and at all times remain in the Practice’s name. Provider shall The Practice covenants to transfer and deliver to Service Company the Professional Practice Account all funds received by Provider the Practice from patients or third third-party payors for Dental Carebillable Professional Eye Care Services and Optical Services. Upon receipt by Service Company Professional Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental billable Professional Eye Care pursuant to this agreementServices and Optical Services, Service Company Professional Business Manager shall promptly immediately deposit the same into the Provider Account. Professional Business Manager shall administer, be responsible for, and be obligated to pay for all Office Expenses; provided, however, that Professional Business Manager shall only be liable for Office Expenses to the extent of funds in the Professional Practice Account. Professional Business Manager shall disburse funds from the Professional Practice Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Professional Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Careof the Practice.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Professional Practice Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesProfessional Business Management Agreement. Upon request of Service CompanyProfessional Business Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Professional Practice Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Professional Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service Company's Professional Business Manager’s written consent. The irrevocable power of attorney shall expire when this agreement Professional Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Professional Business Manager pursuant to (S)7.7, if any, this Professional Business Management Agreement have been collected, and all amounts Management Fees due to Service Company as described in Article VII Professional Business Manager have been paid. If Professional Business Manager assigns this Professional Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Professional Business Manager.
Appears in 1 contract
Sources: Professional Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to ▇timely bill ▇▇▇ and collect in a timely manner all professional Professional and other fees for all billable Dental Professional Eye Care Services provided by Dental Care Professionalsthe Practice, including any such fees paid directly or Professionals employed or otherwise retained by the Practice. The Practice Advisory Council shall make recommendations to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider Business Manager and the Practice regarding the fees for Dental Professional Eye Care Services provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CarePractice. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as Providerthe Practice's exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇bill ▇▇▇ ProviderPractice's patients, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, for all billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(b) To bill, ▇▇▇▇, in either Provider's or Service Company▇ the Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receivereceive (to the extent permitted by law), in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) and on Providerthe Practice's behalf, all accounts receivable generated by such ▇▇▇▇bill▇▇▇▇ and ▇▇▇ claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and State fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected into the Provider Account. Provider Account which shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse be a cash collateral account held in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the Parties. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest Business Manager and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.opened at a financial
Appears in 1 contract
Sources: Business Management Agreement (Vision Twenty One Inc)
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Professional Eye Care Services provided by Dental Care Professionalsthe Practice, including any such fees paid directly to Provider the Professionals or other personnel employed or otherwise retained by Service Company pursuant the Practice, provided that Professional Business Manager shall perform these billing and collection services only to the then-current Membership Agreement (extent that said services are not provided to, or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding arranged for, the fees for Dental Care provided Practice by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareRetail Business Manager. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Professional Business Manager an exclusive special power of attorney and appoints Service Company Professional Business Manager as Provider's the Practice’s exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's the Practice’s patients, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) using the Practice’s tax identification number and on Provider's the Practice’s behalf, for all billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) using the Practice’s tax identification number and on Provider's the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receive, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) and on Provider's the Practice’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Professional Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Provider AccountProfessional Practice Account which shall be and at all times remain in the Practice’s name. Provider shall The Practice covenants to transfer and deliver to Service Company the Professional Practice Account all funds received by Provider the Practice from patients or third third-party payors for Dental Carebillable Professional Eye Care Services and Optical Services. Upon receipt by Service Company Professional Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental billable Professional Eye Care pursuant to this agreementServices and Optical Services, Service Company Professional Business Manager shall promptly immediately deposit the same into the Provider Account. Professional Business Manager shall administer, be responsible for, and be obligated to pay for all Office Expenses; provided, however, that Professional Business Manager shall only be liable for Office Expenses to the extent of funds in the Professional Practice Account. Professional Business Manager shall disburse funds from the Professional Practice Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Professional Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Careof the Practice.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Professional Practice Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesProfessional Business Management Agreement. Upon request of Service CompanyRetail Business Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Professional Practice Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Professional Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service Company's Professional Business Manager’s written consent. The irrevocable power of attorney shall expire when this agreement Professional Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Professional Business Manager pursuant to (S)7.7, if any, this Professional Business Management Agreement have been collected, and all amounts Management Fees due to Service Company as described in Article VII Professional Business Manager have been paid. If Professional Business Manager assigns this Professional Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Professional Business Manager.
Appears in 1 contract
Sources: Professional Business Management Agreement (Eyemasters Inc)
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPC, Service Company Business Manager shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Services provided by Dental Care ProfessionalsPC, including any such fees paid directly to Provider or Dentists employed or otherwise retained by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and ProviderPC. Service Company Business Manager shall advise and consult with Provider PC regarding the fees for Dental Care Services provided by Provider (including any related discounting policy)PC; it being understood, however, that Provider's consent PC shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareServices and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), an exclusive PC hereby grants to Business Manager a special power of attorney and appoints Service Company Business Manager as ProviderPC's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPC's patients, in either Provider's or Service CompanyPC's name (as Service Company deems appropriate) and on ProviderPC's behalf, for all billable Dental Care Services provided by or on behalf of Provider PC to patients.
(b) To ▇▇▇▇, in either Provider's or Service CompanyPC's name (as Service Company deems appropriate) and on ProviderPC's behalf, all claims for reimbursement or indemnification from Blue Shield/Blue Cross, insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care Services provided by or on behalf of Provider PC to patients.
(c) To collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of PC purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.
(d) To collect and receive, in either Provider's or Service CompanyPC's name (as Service Company deems appropriate) and on ProviderPC's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, to administer such accounts including, but not limited to, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) discharging or releasing the obligors of any such accounts; (iii) suing, assigning or selling at a discount such accounts to collection agencies; or (iv) taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To deposit all amounts collected under clause (d) above into PC Account which shall be and at all times remain in PC's name or in the Provider Accountname of Business Manager. Provider shall PC covenants to transfer and deliver to Service Company Business Manager for deposit into PC Account (or, with respect to accounts receivable purchased by Business Manager, Business Manager's account) all funds received by Provider PC from patients or third party payors for Dental CareServices. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider PC pursuant hereto for Dental Care pursuant Services, Business Manager shall immediately deposit those that relate to this agreement, Service Company shall promptly deposit the same accounts receivable covered by clause (d) above into the Provider PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, maintaining records of such receipt and disbursement of funds in accordance with Section 3.9(b).
(ef) To take possession of, endorse in the name of ProviderPC, and deposit into the Provider PC Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of for Dental Services that relate to accounts receivable for Dental Carecovered by clause (d) above.
(fg) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPC, and to make withdrawals from the Provider PC Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesManagement Services Agreement. Upon request of Service CompanyBusiness Manager, Provider PC shall execute and deliver to the financial institution at which wherein the Provider PC Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider PC pursuant to this section and (S)4.12Section 3.8 or pursuant to Section 3.9 of this Management Services Agreement. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyBusiness Manager's written consent. The irrevocable power of attorney shall expire on the later of when this agreement Management Services Agreement has been terminated, when all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, Business Manager have been collected, and or when all amounts Management Fees due to Service Company as described in Article VII Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PC shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in this Section 3.8.
Appears in 1 contract
Sources: Management Services Agreement (Castle Dental Centers Inc)
Billing and Collection. On behalf of and for the account of ---------------------- Provider, Service Company shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's ’s consent shall be necessary to establish the fees (subject to (S)3.2(d§3.2(d), above) to be charged for Dental Care. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in (S)8.3§8.3), an exclusive special power of attorney and appoints Service Company as Provider's ’s exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's ’s patients, in either Provider's ’s or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's ’s or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patients.
(c) To collect and receive, in either Provider's ’s or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider Account. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the Parties. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12§4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's ’s written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7§7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 1 contract
Billing and Collection. On behalf of and for the account of ---------------------- Provider, Service Company shall establish assist Provider with the establishment and maintain credit and billing maintenance of credit, billing, and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect on behalf of Provider in a timely manner (and to the extent permitted by applicable law) all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental Care. In connection with the billing and collection services to be provided hereunderunder this Agreement, Provider hereby grants to Service Company, to the fullest extent permitted by applicable law, throughout the Term (and thereafter as provided in (S)8.3Section 8.3), an exclusive special power of attorney and appoints Service Company Company, to the fullest extent permitted by applicable law, as Provider's ’s exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's ’s patients, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patients.
(c) To collect and receive, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider AccountAccount which shall be and at all times remain in Provider’s name. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreementAgreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement Agreement and otherwise as agreed upon requested from time to time by Provider.
(g) To designate, remove, and change such signatories on the PartiesProvider Account as Service Company deems necessary or appropriate from time to time. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12Section 4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's ’s written consent. The irrevocable power of attorney shall expire when this agreement Agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7Section 7.6, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 1 contract
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Professional Eye Care Services provided by Dental Care Professionalsthe Practice, including any such fees paid directly to Provider the Professionals or other personnel employed or otherwise retained by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CarePractice. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Professional Business Manager an exclusive special power of attorney and appoints Service Company Professional Business Manager as Providerthe Practice's exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Providerthe Practice's patients, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, for all billable Dental Professional Eye Care Services and Optical Services provided by or on behalf of Provider the Practice to patients.
(b) To ▇▇▇▇, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services and Optical Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receive, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) and on Providerthe Practice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Professional Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Provider AccountAccount which shall be and at all times remain in the Practice's name. Provider shall The Practice covenants to transfer and deliver to Service Company the Account all funds received by Provider the Practice from patients or third third-party payors for Dental Carebillable Professional Eye Care Services and Optical Services. Upon receipt by Service Company Professional Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental billable Professional Eye Care pursuant to this agreementServices and Optical Services, Service Company Professional Business Manager shall promptly immediately deposit the same into the Provider Account. Professional Business Manager shall administer, be responsible for, and be obligated to pay for all Office Expenses; provided, however, that Professional Business Manager shall only be liable for Office Expenses to the extent of funds in the Account. Professional Business Manager shall disburse funds from Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Careof the Practice.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesProfessional Business Management Agreement. Upon request of Service CompanyRetail Business Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Professional Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyProfessional Business Manager's written consent. The irrevocable power of attorney shall expire when this agreement Professional Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Professional Business Manager pursuant to (S)7.7, if any, this Professional Business Management Agreement have been collected, and all amounts Management Fees due to Service Company as described in Article VII Professional Business Manager have been paid. If Professional Business Manager assigns this Professional Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Professional Business Manager.
Appears in 1 contract
Sources: Professional Services (Eye Care Centers of America Inc)
Billing and Collection. On behalf of and for the account of ---------------------- Providerthe Association, Service Company Manager shall establish and maintain credit and billing and collection policies and policies, procedures, and forms, and shall exercise use Manager's reasonable best efforts to ▇timely bill ▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Services provided by Dental Care Professionalsthe Association, including any such fees paid directly to Provider or Dentists employed by Service Company pursuant to or otherwise associated with the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and ProviderAssociation. Service Company Manager shall advise and consult with Provider the Association regarding the fees for Dental Care Services provided by Provider (including any related discounting policy)the Association; it being understood, however, that Provider's consent the Association shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareServices and that Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3)this Agreement, the Association hereby grants to Manager an exclusive special power of attorney and appoints Service Company Manager as Providerthe Association's exclusive true and lawful agent and attorney-in-fact, and Service Company Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇bill ▇▇▇ ProviderAssociation's patients, in either Provider's or Service Companythe Association's name (as Service Company deems appropriate) and on Providerthe Association's behalf, for all billable Dental Care Services provided by or on behalf of Provider the Association to patients.
(b) To bill, ▇▇▇▇, in either Provider's or Service Company▇ the Association's name (as Service Company deems appropriate) and on Providerthe Association's behalf, all claims for reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third party payors or fiscal intermediaries for all covered billable Dental Care Services provided by or on behalf of Provider the Association to patients.
(c) To collect and receive, in either Provider's or Service Companythe Association's name (as Service Company deems appropriate) and on Providerthe Association's behalf, all accounts receivable generated by such ▇▇▇▇bill▇▇▇▇ and ▇▇▇ claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures deemed necessary by the Manager in its sole discretion to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.or assigning or selling
(d) To deposit all amounts collected into the Provider AccountAssociation Account which shall be and at all times remain in the Association's name. Provider shall The Association covenants to transfer and deliver to Service Company Manager all funds received directly by Provider the Association from patients or third party payors for Dental CareServices. Upon receipt by Service Company Manager of any funds from patients or third party payors payors, or from Provider the Association pursuant hereto, for Dental Care pursuant to this agreementServices, Service Company Manager shall promptly immediately deposit the same into the Provider Association Account. Manager shall disburse such deposited funds to creditors and other persons on behalf of the Association, maintaining records of such receipt and disbursement of funds as directed by the Association.
(e) To take possession of, endorse in the name of Providerthe Association, and deposit into the Provider Association Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesServices. Upon request of Service CompanyManager, Provider the Association shall execute and deliver to the financial institution at which wherein the Provider Association Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Manager by Provider the Association pursuant to this section and (S)4.12Section 3.8 or pursuant to Section 3.9 of this Agreement. The special power of attorney granted herein is shall be coupled with an interest and except as hereinafter provided shall be irrevocable except with Service Company's written consentirrevocable. The irrevocable special power of attorney shall expire when be revocable if: (i) Manager consents in writing, (ii) the Association terminates this agreement Agreement for cause under Section 6.2 and Manager has been terminated, all not purchased any of the accounts receivable purchased by Service Company pursuant of the Association, (iii) the Association terminates this Agreement for cause under Section 6.2 and Manager has collected all of the outstanding accounts receivable it has purchased, or (iv) this Agreement terminates at the end of the initial term. Revocation of the special power of attorney shall not affect the Manager's right to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paidreceive the Management Fee.
Appears in 1 contract
Sources: Management Services Agreement (United Dental Care Inc /De/)
Billing and Collection. On behalf of and for the account of ---------------------- Provider, Service Company shall establish assist Provider with the establishment and maintain credit and billing maintenance of credit, billing, and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect on behalf of Provider in a timely manner (and to the extent permitted by applicable law) all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental Care. In connection with the billing and collection services to be provided hereunderunder this Agreement, Provider hereby grants to Service Company, to the fullest extent permitted by applicable law, throughout the Term (and thereafter as provided in (S)8.3Section 8.3), an exclusive special power of attorney and appoints Service Company Company, to the fullest extent permitted by applicable law, as Provider's ’s exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's ’s patients, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patients.
(c) To collect and receive, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies shall not be undertaken without Provider Consent, which Provider Consent shall be deemed to have been given if the action is otherwise consistent with Provider’s collection policies.
(d) To deposit all amounts collected into the Provider AccountAccount which shall be and at all times remain in Provider’s name. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third third-party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third third-party payors or from Provider for Dental Care pursuant to this agreementAgreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement Agreement and otherwise as agreed upon requested from time to time by Provider.
(g) To designate, remove, and change such signatories on the PartiesProvider Account as Service Company deems necessary or appropriate from time to time. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12Section 4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's ’s written consent. The irrevocable power of attorney shall expire when this agreement Agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7Section 7.6, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 1 contract
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Professional Eye Care Services provided by Dental Care Professionalsthe Practice, including any such fees paid directly to Provider the Professionals or other personnel employed or otherwise retained by Service Company pursuant the Practice, provided that Professional Business Manager shall perform these billing and collection services only to the then-current Membership Agreement (extent that said services are not provided to, or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding arranged for, the fees for Dental Care provided Practice by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareRetail Business Manager. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Professional Business Manager an exclusive special power of attorney and appoints Service Company Professional Business Manager as Provider's the Practice’s exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's the Practice’s patients, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) using the Practice’s tax identification number and on Provider's the Practice’s behalf, for all billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.;
(b) To ▇▇▇▇, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) using the Practice’s tax identification number and on Provider's the Practice’s behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.;
(c) To collect and receive, in either Provider's or Service Company's the Practice’s name (as Service Company deems appropriate) and on Provider's the Practice’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Professional Business Manager shall not be undertaken without Provider Consent.act in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services;
(d) To deposit all amounts collected on behalf of the Practice into the Provider AccountProfessional Practice Account which shall be and at all times remain in the Practice’s name. Provider shall The Practice covenants to transfer and deliver to Service Company the Professional Practice Account all funds received by Provider the Practice from patients or third third-party payors for Dental Carebillable Professional Eye Care Services and Optical Services. Upon receipt by Service Company Professional Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental billable Professional Eye Care pursuant to this agreementServices and Optical Services, Service Company Professional Business Manager shall promptly immediately deposit the same into the Provider Account.
(e) To take possession of. Professional Business Manager shall administer, endorse in the name of Providerbe responsible for, and deposit into the Provider Account any notesbe obligated to pay for all Office Expenses; provided, checkshowever, money orders, insurance payments, and any other instruments received in payment of accounts receivable that Professional Business Manager shall only be liable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the Parties. Upon request of Service Company, Provider shall execute and deliver Office Expenses to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power extent of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described funds in Article VII have been paid.the
Appears in 1 contract
Sources: Professional Business Management Agreement (Eyemasters Inc)
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to ▇timely bill ▇▇▇ and collect in a timely manner all professional Professional and other fees for all billable Dental Professional Eye Care Services provided by Dental Care Professionalsthe Practice, including any such fees paid directly or Professionals employed or otherwise retained by the Practice. The Practice Advisory Council shall make recommendations to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider Business Manager and the Practice regarding the fees for Dental Professional Eye Care Services provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CarePractice. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as Providerthe Practice's exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇bill ▇▇▇ ProviderPractice's patients, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, for all billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(b) To bill, ▇▇▇▇, in either Provider's or Service Company▇ the Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receivereceive (to the extent permitted by law), in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) and on Providerthe Practice's behalf, all accounts receivable generated by such ▇▇▇▇bill▇▇▇▇ and ▇▇▇ claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.obligors, or assigning or selling
(d) To deposit all amounts collected into the Provider AccountAccount which shall be a cash collateral account held in the name of Business Manager and shall be opened at a financial institution chosen by Business Manager. Provider All amounts received or collected are hereby pledged to the Business Manager and shall be held or deposited in the Account to secure the performance of the Practice's obligations under this Agreement. The Account shall be held under Business Manager's tax identification number. The Practice covenants to transfer and deliver to Service Company the Account all funds received by Provider the Practice from patients or third third-party payors for Dental CareProfessional Eye Care Services. Upon receipt by Service Company Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental Professional Eye Care pursuant to this agreementServices, Service Company Business Manager shall promptly immediately deposit the same into the Provider Account. Business Manager shall administer, be responsible for, and be obligated to pay for all Office Expenses; provided, however, that Business Manager shall only be liable for Office Expenses to the extent of funds in the Account plus any amounts borrowed by Business Manager in accordance with Section 5.4. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds. Business Manager may borrow amounts from the Account in excess of amounts due Business Manager pursuant to this Agreement and to the full extent of funds in the Account. Such borrowed amounts shall bear interest to the Account in the amount of six percent (6%) per annum, and any of such borrowed amounts outstanding shall be repaid by Business Manager to the Account when needed to cover all expenses and obligations under this Agreement and shall be repaid within thirty (30) days of the termination of this Agreement.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental CareProfessional Eye Care Services.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesBusiness Management Agreement. Upon request of Service CompanyBusiness Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyBusiness Manager's written consent. The irrevocable power of attorney shall expire when this agreement Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Business Manager pursuant to (S)7.7, if any, this Business Management Agreement have been collected, collected and all amounts Management Fees due to Service Company as described in Article VII Business Manager have been paid. If Business Manager assigns this Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Business Manager.
Appears in 1 contract
Sources: Business Management Agreement (Vision Twenty One Inc)
Billing and Collection. On behalf of and for the account of Practice, ---------------------- Provider, Service Company Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider Physicians or Optometrists and for all goods sold by Service Company pursuant to Practice in connection with the then-current Membership Agreement Dispensary Business, all for application solely in accordance with the Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company and Provideron behalf of Practice which Business Manager shall deem commercially reasonable. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and ancillary services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderPractice's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(b) To ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections into the Depository Account;
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To collect all government program receivables after such amounts have been received and deposited into the Practice Account. Once deposited in the Practice Account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account as provided in Section 4.8(f), below. Practice shall cause the institution at which it maintains the aforementioned Practice Account to provide Business Manager with copies of all bank statements prepared with respect to such account.
(f) To deposit all amounts collected into the Provider Account. Provider Depository Account which shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse be in the name of ProviderBusiness Manager, but in which Business Manager will account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices. Moreover, subject to Business Manager's authority to discharge its responsibilities under this Agreement, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Provider Depository Account; provided, however, that Practice shall have no rights in or to funds in the Depository Account that have been collected and received pursuant to Section 4.8(c). The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants, and shall cause each Physician and Optometrist to covenant, to forward any payments, notes, checks, money orders, insurance payments, payments and any other instruments received for Medical Services provided and goods sold in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes connection with the Dispensary Business on or other instruments after the Original Effective Date by or on behalf of ProviderPractice or any of the Physicians or Optometrists to Business Manager for deposit in the Depository Account, or to directly deposit any such payments into the Depository Account. Business Manager shall have the right, at any time and from time to make withdrawals time, to withdraw funds from the Provider Practice Account for payments specified in this agreement and otherwise as agreed upon all owners of the Practice Account shall execute a revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Practice Account shall daily transfer the entire balance of the Practice Account to the Depository Account. Practice and Business Manager hereby agree to execute from time to time such documents and instructions as shall be required by the Parties. Upon request of Service Company, Provider shall execute and deliver bank maintaining the Practice Account to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power foregoing provisions and to extend or amend such documents and instructions as reasonably required to effect the intent of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paidSection 4.
Appears in 1 contract
Sources: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPractice, Service Company Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider Physicians or Optometrists and for all goods and services sold or performed by Service Company pursuant to Practice in connection with the thenNon-current Membership Agreement Ophthalmic Business, all for application solely in accordance with the Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company and Provideron behalf of Practice which Business Manager shall deem commercially reasonable. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and ancillary services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent (x) Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees and (y) no new ancillary services shall be provided in the Office without Practice Consent. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderPractice's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(b) To ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding accounts receivable for Medicare and Medicaid services, to collect and receive, as the agent of Practice in Business Manager's name and for Business Manager's account, all accounts receivable of Practice purchased by Business Manager, including, without limitation, the Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To collect all government program accounts receivable after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control (the "Depository Account"). Once deposited in such accounts, Practice hereby authorizes the government program accounts receivable to be automatically swept into the Depository Account.
(f) To deposit all amounts collected into the Provider Depository Account which shall be in the name of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. Provider The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to Service Company Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by Provider Practice from patients or third party payors for Dental CareMedical Services provided on or after the Effective Date and for goods and services sold by Practice in connection with the Non-Ophthalmic Business after the Effective Date. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider Practice pursuant hereto for Dental Care pursuant to this agreementMedical Services provided on or after the Effective Date or for goods and services sold by Practice in connection with the Non- Ophthalmic Business after the Effective Date, Service Company Business Manager shall promptly deposit the same into the Provider AccountDepository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, Business Manager shall disburse such deposited funds to creditors and other persons on behalf of Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of ProviderPractice, and solely for deposit into the Provider Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services, ancillary services and for all goods and services sold by Practice in payment of accounts receivable for Dental Careconnection with the Non-Ophthalmic Business.
(fh) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPractice, and to make withdrawals from the Provider Depository Account for payments specified in this agreement and otherwise Management Services Agreement or as agreed upon requested from time to time by Practice. Throughout the PartiesTerm (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods and services sold by Practice in connection with the Non-Ophthalmic Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Service CompanyBusiness Manager, Provider Practice shall execute and deliver to the financial institution at which where the Provider Depository Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider Practice pursuant to this section and (S)4.12Section 4.8. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable during the term hereof, except with Service Company's written consentBusiness Manager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this agreement has been terminatedManagement Services Agreement, the collection, sale or release of all accounts receivable purchased by Service Company Business Manager, and the payment of all Management Fees due to Business Manager as of such date pursuant to (S)7.7Section 6.2 hereof. If Business Manager assigns this Management Services Agreement in accordance with its terms, if any, have been collected, then Practice shall execute a power of attorney in favor of the assignee and all amounts due to Service Company as described in Article VII have been paidthe form of Exhibit 4.8 attached hereto.
Appears in 1 contract
Sources: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Professional Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to ▇timely bill ▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Professional Eye Care Services provided by Dental Care Professionalsthe Practice, including any such fees paid directly to Provider the Professionals or other personnel employed or otherwise retained by Service Company pursuant the Practice, provided that Professional Business Manager shall perform these billing and collection services only to the then-current Membership Agreement (extent that said services are not provided to, or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding arranged for, the fees for Dental Care provided Practice by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareRetail Business Manager. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Professional Business Manager an exclusive special power of attorney and appoints Service Company Professional Business Manager as Providerthe Practice's exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Professional Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇bill ▇▇▇ ProviderPractice's patients, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, for all billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(b) To bill, ▇▇▇▇, in either Provider's or Service Company▇ the Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receive, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) and on Providerthe Practice's behalf, all accounts receivable generated by such ▇▇▇▇bill▇▇▇▇ and ▇▇▇ claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Professional Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Professional Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Provider AccountProfessional Practice Account which shall be and at all times remain in the Practice's name. Provider shall The Practice covenants to transfer and deliver to Service Company the Professional Practice Account all funds received by Provider the Practice from patients or third third-party payors for Dental Carebillable Professional Eye Care Services and Optical Services. Upon receipt by Service Company Professional Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental billable Professional Eye Care pursuant to this agreementServices and Optical Services, Service Company Professional Business Manager shall promptly immediately deposit the same into the Provider Account. Professional Business Manager shall administer, be responsible for, and be obligated to pay for all Office Expenses; provided, however, that Professional Business Manager shall only be liable for Office Expenses to the extent of funds in the Professional Practice Account. Professional Business Manager shall disburse funds from the Professional Practice Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Professional Practice Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Careof the Practice.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Professional Practice Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesProfessional Business Management Agreement. Upon request of Service CompanyRetail Business Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Professional Practice Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Professional Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyProfessional Business Manager's written consent. The irrevocable power of attorney shall expire when this agreement Professional Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Professional Business Manager pursuant to (S)7.7, if any, this Professional Business Management Agreement have been collected, and all amounts Management Fees due to Service Company as described in Article VII Professional Business Manager have been paid. If Professional Business Manager assigns this Professional Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Professional Business Manager.
Appears in 1 contract
Sources: Professional Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPractice, Service Company Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider Physicians or Optometrists and for all goods sold by Service Company pursuant to Practice in connection with the then-current Membership Agreement Dispensary Business, all for application solely in accordance with the Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company and Provideron behalf of Practice which Business Manager shall deem commercially reasonable. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and ancillary services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderPractice's exclusive true and lawful agent and attorney-in-in- fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(b) To ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid Services, to collect and receive, as the Agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof) and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited into such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected into the Provider Depository Account which shall be in the name of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. Provider The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to Service Company Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by Provider Practice from patients or third party payors for Dental CareMedical Services provided on or after the Effective Date and for all goods sold in connection with the Dispensary Business on or after the Effective Date. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider Practice pursuant hereto for Dental Care pursuant to this agreementMedical Services provided on or after the Effective Date or for goods sold in connection with the Dispensary Business on or after the Effective Date, Service Company Business Manager shall promptly deposit the same into the Provider AccountDepository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, Business Manager shall disburse such deposited funds to creditors and other persons on behalf of Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of ProviderPractice, and solely for deposit into the Provider Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services and ancillary services and for goods sold in payment of accounts receivable for Dental Careconnection with the Dispensary Business.
(fh) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPractice, and to make withdrawals from the Provider Depository Account for payments specified in this agreement and otherwise Management Services Agreement or as agreed upon requested from time to time by Practice. Throughout the PartiesTerm (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services on or after the Effective Date and collected by Business Manager and for all goods sold by Practice in connection with the Dispensary Business on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Service CompanyBusiness Manager, Provider Practice shall execute and deliver to the financial institution at which where the Provider Depository Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider Practice pursuant to this section and (S)4.12Section 4.8. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable during the term hereof, except with Service Company's written consentBusiness Manager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this agreement has been terminatedManagement Services Agreement, the collection, sale or release of all accounts receivable purchased by Service Company Business Manager, and the payment of all Management Fees due to Business Manager as of such date pursuant to (S)7.7Section 6.2 hereof. If Business Manager assigns this Management Services Agreement in accordance with its terms, if any, have been collected, then Practice shall execute a power of attorney in favor of the assignee and all amounts due to Service Company as described in Article VII have been paidthe form of Exhibit 4.8 attached hereto.
Appears in 1 contract
Sources: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to ▇timely bill ▇▇▇ and collect in a timely manner all professional Professional and other fees for all billable Dental Professional Eye Care Services provided by Dental Care Professionalsthe Practice, including any such fees paid directly or Professionals employed or otherwise retained by the Practice. The Practice Advisory Council shall make recommendations to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider Business Manager and the Practice regarding the fees for Dental Professional Eye Care Services provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CarePractice. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as Providerthe Practice's exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇bill ▇▇▇ ProviderPractice's patients, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, for all billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(b) To bill, ▇▇▇▇, in either Provider's or Service Company▇ the Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receive, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) and on Providerthe Practice's behalf, all accounts receivable generated by such ▇▇▇▇bill▇▇▇▇ and ▇▇▇ claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and State fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected into the Provider AccountAccount which shall be a cash collateral account held in the name of Business Manager and shall be opened at a financial institution chosen by Business Manager. Provider All amounts received or collected are hereby pledged to the Business Manager and shall be held or deposited in the Account to secure the performance of the Practice's obligations under this Agreement. The Account shall be held under Business Manager's tax identification number. The Practice covenants to transfer and deliver to Service Company the Account all funds received by Provider the Practice from patients or third third-party payors for Dental CareProfessional Eye Care Services. Upon receipt by Service Company Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental Professional Eye Care pursuant to this agreementServices, Service Company Business Manager shall promptly immediately deposit the same into the Provider Account. Business Manager shall administer, be responsible for, and be obligated to pay for all Office Expenses; provided, however, that Business Manager shall only be liable for Office Expenses to the extent of funds in the Account plus any amounts borrowed by Business Manager in accordance with Section 5.4. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds. Business Manager may borrow amounts from the Account in excess of amounts due Business Manager pursuant to this Agreement and to the full extent of funds in the Account. Such borrowed amounts shall bear interest to the Account in the amount of six percent (6%) per annum, and any of such borrowed amounts outstanding shall be repaid by Business Manager to the Account when needed to cover all expenses and obligations under this Agreement and shall be repaid within thirty (30) days of the termination of this Agreement.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental CareProfessional Eye Care Services.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesBusiness Management Agreement. Upon request of Service CompanyBusiness Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyBusiness Manager's written consent. The irrevocable power of attorney shall expire when this agreement Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Business Manager pursuant to (S)7.7, if any, this Business Management Agreement have been collected, collected and all amounts Management Fees due to Service Company as described in Article VII Business Manager have been paid. If Business Manager assigns this Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Business Manager.
Appears in 1 contract
Sources: Business Management Agreement (Vision Twenty One Inc)
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Retail Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to ▇timely bill ▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Professional Eye Care Services and Optical Services provided by Dental Care the Practice, the Professionals, including any such fees paid directly to Provider or other personnel employed or otherwise retained by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CarePractice. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Retail Business Manager an exclusive special power of attorney and appoints Service Company Retail Business Manager as Providerthe Practice's exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Retail Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇bill ▇▇▇ ProviderPractice's patients, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, for all billable Dental Professional Eye Care Services and Optical Services provided by or on behalf of Provider the Practice to patients.
(b) To bill, ▇▇▇▇, in either Provider's or Service Company▇ the Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services and Optical Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receive, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) and on Providerthe Practice's behalf, all accounts receivable generated by such ▇▇▇▇bill▇▇▇▇ and ▇▇▇ claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; agencies-, or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Retail Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Retail Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and state fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected on behalf of the Practice into the Provider AccountAccount which shall be and at all times remain in the Practice's name. Provider shall The Practice covenants to transfer and deliver to Service Company the Account all funds received by Provider the Practice from patients or third third-party payors for Dental Carebillable Professional Eye Care Services and Optical Services. Upon receipt by Service Company Retail Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental billable Professional Eye Care pursuant to this agreementServices and Optical Services, Service Company Retail Business Manager shall promptly immediately deposit the same into the Provider Account. On the first day of each calendar month during the Term of this Retail Business Management Agreement, Retail Business Manager shall pay to Professional Business Manager for deposit into the Professional Practice Account all amounts collected during the previous month on behalf of the Practice for billable Professional Eye Care Services, less any refunds, adjustments, or reductions in revenue then owed to, on behalf of, or in connection with the Practice's patients by the Practice in connection with its provision of Professional Eye Care Services. Retail Business Manager shall administer, be responsible for, and be obligated to pay for all Dispensary Expenses; provided, however, that Retail Business Manager shall only be liable for Dispensary Expenses to the extent of funds in the Account. Retail Business Manager shall disburse funds from the Account to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Careof the Practice.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesRetail Business Management Agreement. Upon request of Service CompanyRetail Business Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Retail Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyRetail Business Manager's written consent. The irrevocable power of attorney shall expire when this agreement Retail Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Retail Business Manager pursuant to (S)7.7, if any, this Retail Business Management Agreement have been collected, and all amounts Management Fees due to Service Company as described in Article VII Retail Business Manager have been paid. If Retail Business Manager assigns this Retail Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Retail Business Manager.
Appears in 1 contract
Sources: Retail Business Management Agreement (Eye Care Centers of America Inc)
Billing and Collection. On If requested by a Requesting Party, CPM shall on behalf of and for the account of ---------------------- Providera Requesting Party, Service Company shall establish and maintain credit and billing and collection policies and proceduresprocedures for such Requesting Party, and shall exercise reasonable efforts to ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care services provided by Dental Care Professionalssuch Requesting Party through the CPM Richardson, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understoodTexas, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental Carelocation. In connection with the any such requested billing and collection services to be provided hereunder, Provider hereby grants to Service Company, throughout the Term (and thereafter Requesting Party shall appoint CPM as provided in (S)8.3), an exclusive special power of attorney and appoints Service Company as Provider's such Requesting Party’s exclusive true and lawful agent and attorney-in-factagent, and Service Company hereby accepts CPM shall accept such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's patients, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, for all billable Dental Care provided by or on behalf of Provider a. to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's name (as Service Company deems appropriatethe Requesting Party’s name, under the Requesting Party’s provider number(s) when obtained and on Provider's the Requesting Party’s behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patientsclaims.
(c) To b. to collect and receive, in either Provider's or Service Company's the Requesting Party’s name (as Service Company deems appropriate) and on Provider's the Requesting Party’s behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to take possession of, endorse in the name of the Requesting Party, and deposit into the Requesting Party’s account any notes, checks, money orders, insurance payments, and any other instruments received in as payment of accounts receivable, and to administer such accounts including, but not limited to, extending the time of or payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies shall not be undertaken without Provider Consent.the Requesting Party’s consent and shall be at Requesting Party’s sole expense; and
(d) To deposit all amounts collected into the Provider Account. Provider shall transfer and deliver c. to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Providerthe Requesting Party, and to make withdrawals from the Provider Account Requesting Party’s account for payments specified in this agreement Agreement and otherwise as agreed upon requested from time to time by the PartiesRequesting Party, and generally to apply such funds in a manner consistent with this Agreement. Upon request of Service CompanyCPM, Provider the Requesting Party shall execute and deliver to the each financial institution at which the Provider Account an account of such Requesting Party is maintained such additional documents or instruments as Service Company CPM may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12demonstrate its authority. The special power of attorney agency granted herein is coupled with an interest and shall be irrevocable except with Service Company's CPM’ s written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 1 contract
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPA, Service Company Business Manager shall establish and maintain credit and billing and collection policies and proceduresprocedures approved by PA, and shall exercise reasonable efforts to timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Services provided by Dental Care ProfessionalsPA, including any such fees paid directly to Provider or Dentists employed or otherwise retained by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and ProviderPA. Service Company Business Manager shall advise and consult with Provider PA regarding the fees for Dental Care Services provided by Provider (including any related discounting policy)PA; it being understood, however, that Provider's consent PA shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareServices and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3), an exclusive PA hereby grants to Business Manager a special power of attorney and appoints Service Company Business Manager as ProviderPA's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPA's patients, in either Provider's or Service CompanyPA's name (as Service Company deems appropriate) and on ProviderPA's behalf, for all billable Dental Care Services provided by or on behalf of Provider PA to patients.
(b) To ▇▇▇▇, in either Provider's or Service CompanyPA's name (as Service Company deems appropriate) and on ProviderPA's behalf, all claims for reimbursement or indemnification from Blue Shield/Blue Cross, insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care Services provided by or on behalf of Provider PA to patients.
(c) To collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of PA purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.
(d) To collect and receive, in either Provider's or Service CompanyPA's name (as Service Company deems appropriate) and on ProviderPA's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, to administer such accounts including, but not limited to, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) discharging or releasing the obligors of any such accounts; (iii) suing, assigning or selling at a discount such accounts to collection agencies; or (iv) taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To deposit all amounts collected under clause (d) above into the Provider AccountPA Account which shall be and at all times remain in PA's name. Provider shall PA covenants to transfer and deliver to Service Company Business Manager for deposit into PA Account (or, with respect to accounts receivable purchased by Business Manager, Business Manager's account) all funds received by Provider PA from patients or third party payors for Dental CareServices. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider PA pursuant hereto for Dental Care pursuant Services, Business Manager shall immediately deposit those that relate to this agreement, Service Company shall promptly deposit the same accounts receivable covered by clause (d) above into the Provider PA Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PA, maintaining records of such receipt and disbursement of funds in accordance with Section 4.9(b).
(ef) To take possession of, endorse in the name of ProviderPA, and deposit into the Provider PA Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of for Dental Services that relate to accounts receivable for Dental Carecovered by clause (d) above.
(fg) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPA, and to make withdrawals from the Provider PA Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesManagement Services Agreement. Upon request of Service CompanyBusiness Manager, Provider PA shall execute and deliver to the financial institution at which wherein the Provider PA Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider PA pursuant to this section and (S)4.12Section 4.8 or pursuant to Section 4.9 of this Management Services Agreement. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyBusiness Manager's written consent. The irrevocable power of attorney shall expire on the later of when this agreement Management Services Agreement has been terminated, when all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, Business Manager have been collected, and or when all amounts Management Fees due to Service Company as described in Article VII Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PA shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in this Section 4.8.
Appears in 1 contract
Sources: Management Services Agreement (Castle Dental Centers Inc)
Billing and Collection. On behalf of and for the account of Practice, ---------------------- ProviderPractice-Owners, Service Company and Physicians directly employed by Practice-Owners, and except as otherwise provided herein, Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider Practice-Owners, Physicians or Optometrists and for all goods sold by Service Company pursuant to Practice or Practice-Owners in connection with the thenNon-current Membership Agreement Ophthalmic Business, all for application solely in accordance with the Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company on behalf of Practice and ProviderPractice-Owners consistent with reasonably prudent business practices. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and ancillary services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 8.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager, and shall cause Practice-Owners to grant an exclusive special power of attorney and appoint Business Manager, as ProviderPractice's or Practice-Owners', respectively, exclusive true and lawful agent and attorney-in-fact, and Service Company hereby Business Manager hereby, and pursuant to Billing and Collection agreements between Business Manager and each Practice-Owner (except those Practice-Owners who are directly employed by Practice) in the form attached hereto at Exhibit 4.8(a) -------------- (the "Billing and Collection Agreements"), accepts such special power of attorney and appointment, solely for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold and services provided by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or any other applicable federal, state or local law or regulation. Consistent with the foregoing, the following specifications shall apply to all billing and collection provisions of this Management Services Agreement:
(i) Business Manager will ▇▇▇▇ and collect in accordance with this Management Services Agreement for (A) all Medical Services and other services generating Non-Ophthalmic Business Revenues rendered within any Office, and (B) all Medical Services rendered outside of the Offices of Practice except insofar as such Medical Services are to be paid for by Medicare, Medicaid, or any other governmental health program, or except insofar as such billing is not permitted by another third party payor being billed for such Medical Services; and
(ii) For Medical Services rendered outside of an Office which are to be paid for by Medicare, Medicaid, or any other governmental health program, or which are to be paid for by a third party payor that does not permit billing in accordance with Section 4.8(a)(i) hereof, Business Manager shall ▇▇▇▇ and collect under this Management Services Agreement for Medical Services only insofar as such services are provided by employees of Practice. Medical Services rendered outside of an Office by other than an employee of Practice, and which are to be paid for by Medicare, Medicaid, or any other governmental health program, or by another third party payor if so required by said third party payor, must be billed in the name of the provider of said services or his/her employer. In most, if not all, instances, the provider of services will be employed by a Practice-Owner, each of which shall maintain a Billing and Collection Agreement with Business Manager authorizing Business Manager to ▇▇▇▇ and collect on behalf of Provider said provider or employer. Pursuant to patientsthe Services Agreements and the aforesaid Billing and Collection Agreements, all payments and proceeds of such ▇▇▇▇▇▇▇▇ and collections shall be deposited into an account maintained in Practice- Owner's name over which Practice-Owner has sole control (each such account shall be referred to herein as a "Practice Owner Account"). Business Manager will then automatically sweep such funds into an account selected by Business Manager and maintained in Business Manager's name (the "Depository Account"), at which time Business Manager will collect and allocate such funds to Practice pursuant to the direction of Practice and in accordance with this Management Services Agreement.
(b) To Except as otherwise provided in Section 4.8(a) above, to ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Non-Ophthalmic Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patientsany other applicable federal, state or local law or regulation.
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections in the Depository Account.
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) Subject to Section 4.8(a)(ii) above, to collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control (the "Practice Account"), or into a Practice-Owner Account, as applicable. Once deposited in such account, Practice hereby authorizes, and shall cause Practice- Owner to authorize, the government receivables to be automatically swept into the Depository Account as provided in Section 4.8(f), below. Practice shall cause the institution at which it maintains the aforementioned Practice Account to provide Business Manager with copies of all bank statements prepared with respect to such account.
(f) To deposit all amounts collected into the Provider Depository Account which shall be in the name of Business Manager, but in which Business Manager will account for such funds on a separate and distinct basis from any other funds deposited into such account by other practices for which Business Manager provides management services. Moreover, subject to Business Manager's authority to discharge its responsibilities under this Agreement, Practice or Practice- Owner, as applicable, shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account; provided, however, -------- ------- that Practice or Practice-Owner, as applicable, shall have no rights in or to funds in the Depository Account that have been collected and received pursuant to Section 4.8(c). Provider The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice and Practice-Owners by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice and Practice-Owners, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and as Practice-Owner's agent pursuant to the power of attorney set forth in the Billing and Collection Agreements, and, except as expressly provided herein, all rights to such funds shall transfer remain with Practice (directly or through the Services Agreements). Practice covenants, and deliver shall cause each Physician and Optometrist to Service Company covenant, to forward any payments, notes, checks, money orders, insurance payments and any other instruments received for Medical Services provided and goods sold in connection with the Dispensary Business on or after the Original Effective Date by or on behalf of Practice or any of the Physicians or Optometrists to Business Manager for deposit into Depository Account, or covenants that Practice itself or Practice- Owners themselves will make such deposit of, all funds received by Provider Practice or Practice-Owners from patients or third party payors for Dental CareMedical Services provided on or after the Effective Date and for services provided and goods sold in connection with the Non-Ophthalmic Business on or after the Effective Date. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider Practice pursuant hereto or from Practice-Owners pursuant to the Billing and Collection Agreements, and pursuant to the Billing and Collection Agreements for Dental Care Medical Services provided on or after the Effective Date or for services provided and goods sold in connection with the Non-Ophthalmic Business on or after the Effective Date, Business Manager shall have the right, at any time and from time to time, to withdraw funds from the Practice Account and all owners of the Practice Account shall execute a revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Practice Account shall daily transfer the entire balance of the Practice Account to the Depository Account. Practice and Business Manager hereby agree to execute from time to time such documents and instructions as shall be required by the bank maintaining the Practice Account to effect the foregoing provisions and to extend or amend such documents and instructions as reasonably required to effect the intent of this Section 4.8. Any action or threatened action by Practice that materially interferes with or could materially interfere with the operation of this Section 4.8, including but not limited to, (A) any failure to deposit into, or to allow or permit Business Manager to withdraw any funds from, the Practice Account; (B) any withdrawal of any funds from the Practice Account not authorized by the express terms of this Management Services Agreement or any other written agreement executed by each of the parties; or (C) any revocation of or attempt to revoke the Transfer Order (otherwise than upon expiration or termination of this Management Services Agreement), will constitute a breach of this Agreement and will entitle Business Manager, in addition to any other remedies it may have at law or in equity, to seek a court ordered assignment of the rights provided to Business Manager pursuant to this agreementSection 4.8 and to distribute account debtor letters to non-governmental payors instructing them to make payment directly to and in the name of Business Manager for services rendered by Practice. In the manner set forth in Section 4.9 hereof, Service Company Business Manager shall promptly deposit the same into the Provider Accountdisburse such deposited funds to creditors and other persons on behalf of Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of ProviderPractice or Practice-Owners, and as applicable, solely for deposit into the Provider Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received as payment for Medical Services, ancillary services and for goods sold in payment of accounts receivable for Dental Careconnection with the Non-Ophthalmic Business.
(fh) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPractice and Practice-Owners, and to make withdrawals from the Provider Depository Account for payments specified in this agreement and otherwise Management Services Agreement or as agreed upon requested from time to time by Practice. Throughout the PartiesTerm (and as provided in Section 8.3 hereof), Practice hereby grants to Business Manager, and shall cause Practice-Owners to grant to Business Manager, an exclusive special power of attorney for the purposes stated in this Section 4.8 and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and shall cause Practice-Owners to appoint Business Manager as Practice-Owners' exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby and pursuant to the Billing and Collection Agreements accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and ancillary services prior to, on or after the Effective Date and collected by Business Manager and for all goods sold by Practice in connection with the Non-Ophthalmic Business prior to, on or after the Effective Date and collected by the Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Offices, and/or as requested from time to time by Practice. Upon request of Service CompanyBusiness Manager, Provider Practice shall execute and deliver, and shall cause Practice- Owners to execute and deliver to the financial institution at which institution(s) where the Provider Practice Account, Practice-Owner Accounts and/or Depository Account is maintained are maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider Practice pursuant to this section Section 4.8 and (S)4.12by Practice-Owners pursuant to the Billing and Collection Agreements. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable during the term hereof, except with Service Company's written consentBusiness Manager Consent. The irrevocable power of attorney shall expire when on the later of the termination of this agreement has been terminatedManagement Services Agreement, the collection, sale or release of all accounts receivable purchased by Service Company Business Manager, or the payment of all Management Fees due to Business Manager as of such date pursuant to (S)7.7Section 6.2 hereof. If Business Manager assigns this Management Services Agreement in accordance with its terms, if any, have been collected, then Practice shall execute a power of attorney and all amounts due shall cause Practice-Owners to Service Company as described execute a power of attorney in Article VII have been paid.favor of the assignee and in the form of Exhibit 4.8(b) attached hereto. --------------
Appears in 1 contract
Sources: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On Manager shall, on behalf of and for the account of ---------------------- Provider, Service Company shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to ▇b▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental Careat Practice. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in (S)8.3), an exclusive special power of attorney and appoints Service Company Manager as Provider's exclusive ’s exclusive, true and lawful agent and attorney-in-factfact for Practice, and Service Company Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) a. To b▇▇▇▇ Provider's patients, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all patients for all billable Dental Care medical care provided by or on behalf of Provider to patientspatients at Practice.
(b) b. To ▇▇▇▇, in either Provider's or Service Company's name (as Service Company deems appropriate) negotiate and on Provider's behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other enter into contractual arrangements with entities offering such third party payors or fiscal intermediaries financing arrangements as Manager and Provider deem necessary and appropriate to facilitate payment by patients for all covered billable Dental Care medical care provided by or on behalf of Provider to patientspatients at Practice.
(c) To c. Except as set forth in Article 5, to collect and receive, in either Provider's or Service Company's ’s name (as Service Company deems appropriate) and on Provider's ’s behalf, all accounts receivable generated by such ▇b▇▇▇▇▇▇▇ and claims for reimbursement, to take possession of, endorse in the name of Provider, and deposit into Provider’s account or any other account as directed by Provider any notes, checks, money orders, and any other instruments received in payment of accounts receivable for medical care provided at Practice, to administer such accounts including, but not limited to, extending the time of or payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors material obligors, or assigning or selling accounts at a discount to collection agencies shall not be undertaken without Provider ConsentProvider’s consent, which shall not be unreasonably withheld.
(d) To deposit all amounts collected into the Provider Account. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) d. To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account Provider’s account for payments as specified in this agreement Agreement and otherwise as agreed upon requested from time to time by the PartiesProvider. Upon request of Service CompanyManager, Provider shall execute and deliver to the financial institution at which the Provider Account Provider’s account is maintained such additional documents or instruments as Service Company Manager may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12demonstrate its authority. The special power of attorney agency granted herein is coupled with an interest and shall be irrevocable except with Service Company's Manager’s written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 1 contract
Billing and Collection. On Subject to Practice's ability to establish its fee schedules, on behalf of and for the account of ---------------------- ProviderPractice, Service Company Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider by Service Company pursuant to Physicians or Optometrists for application solely in accordance with the then-current Membership Agreement Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company and Provideron behalf of Practice which Business Manager shall deem commercially reasonable. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and Ancillary Services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderPractice's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by or on behalf of Provider Practice to patients., unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or any other applicable federal, state or local law or regulation;
(b) To ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by or on behalf of Provider Practice to patients., unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name;
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To collect all government program receivables after such amounts have been received and deposited into an account maintained in Practice's name and over which Practice has sole control. Once deposited in such account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account.
(f) To deposit all amounts collected into the Provider Depository Account which shall be in the name of Business Manager, but in which Business Manager shall account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices; moreover, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Depository Account. Provider The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants to transfer and deliver to Service Company Business Manager for deposit into Depository Account, or covenants that Practice itself will make such deposit of, all funds received by Provider Practice from patients or third party payors for Dental CareMedical Services provided on or after the Effective Date. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider Practice pursuant hereto for Dental Care pursuant to this agreementMedical Services provided on or after the Effective Date, Service Company Business Manager shall promptly deposit the same into the Provider AccountDepository Account as soon as commercially practicable. In the manner set forth in Section 4.9 hereof, Business Manager shall disburse such deposited funds to creditors and other persons on behalf of Practice, maintaining records of such receipt and disbursement of funds.
(eg) To take possession of, and endorse in the name of ProviderPractice, and solely for deposit into the Provider Account Depository Account, any notes, checks, money orders, insurance payments, payments and any other instruments received in as payment of accounts receivable for Dental CareMedical Services and Ancillary Services.
(fh) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPractice, and to make withdrawals from the Provider Depository Account for payments specified in this agreement and otherwise Management Services Agreement or as agreed upon requested from time to time by Practice. Throughout the PartiesTerm (and as provided in Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney for the purposes stated herein and appoints Business Manager as Practice's exclusive true and lawful agent and attorney-in-fact, and Business Manager hereby accepts such special power of attorney and appointment, to deposit into the Depository Account as and when received all funds, fees and revenues generated from Practice's provision of Medical Services and Ancillary Services on or after the Effective Date and collected by Business Manager, and to make withdrawals from Depository Account solely for payments specified in this Management Services Agreement, including any Preexisting Obligation Payments directly affecting property used in or relating to the Office, and/or as requested from time to time by Practice. Upon request of Service CompanyBusiness Manager, Provider Practice shall execute and deliver to the financial institution at which where the Provider Depository Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider Practice pursuant to this section and (S)4.12Section 4.8. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable during the term hereof, except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.with
Appears in 1 contract
Sources: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On behalf of and for the account of ---------------------- Provider, Service Company shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care provided by Dental Care Professionals, including any such fees paid directly to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider regarding the fees for Dental Care provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental Care. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, throughout the Term (and thereafter as provided in (S)8.3), an exclusive special power of attorney and appoints Service Company as Provider's exclusive true and lawful agent and attorney-in-fact, and Service Company hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ Provider's patients, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, for all billable Dental Care provided by or on behalf of Provider to patients.
(b) To ▇▇▇▇, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, all claims for reimbursement or indemnification from insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care provided by or on behalf of Provider to patients.
(c) To collect and receive, in either Provider's or Service Company's name (as Service Company deems appropriate) and on Provider's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(d) To deposit all amounts collected into the Provider Account. Provider shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse in the name of Provider, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes or other instruments on behalf of Provider, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the Parties. Upon request of Service Company, Provider shall execute and deliver to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and anD shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paid.
Appears in 1 contract
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPC, Service Company Business Manager shall establish and maintain credit and billing and collection policies and procedures, and shall exercise reasonable efforts to timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Services provided by Dental Care ProfessionalsPC, including any such fees paid directly to Provider or Practice Providers employed or otherwise retained by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and ProviderPC. Service Company Business Manager shall advise and consult with Provider PC regarding the fees for Dental Care Services provided by Provider (including any related discounting policy)PC; it being understood, however, that Provider's consent PC shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareServices and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), an exclusive PC hereby grants to Business Manager a special power of attorney and appoints Service Company Business Manager as ProviderPC's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPC's patients, in either Provider's or Service CompanyPC's name (as Service Company deems appropriate) and on ProviderPC's behalf, for all billable Dental Care Services provided by or on behalf of Provider PC to patients.
(b) To ▇▇▇▇, in either Provider's or Service CompanyPC's name (as Service Company deems appropriate) and on ProviderPC's behalf, all claims for reimbursement or indemnification from Blue Shield/Blue Cross, insurance companies and plans, all state or federally funded dental benefit plans, and all other third party payors or fiscal intermediaries for all covered billable Dental Care Services provided by or on behalf of Provider PC to patients.
(c) To collect and receive in Business Manager's name and for Business Manager's account all accounts receivable of PC purchased by Business Manager, and to deposit such collections in an account selected by Business Manager and maintained in Business Manager's name.
(d) To collect and receive, in either Provider's or Service CompanyPC's name (as Service Company deems appropriate) and on ProviderPC's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, to administer such accounts including, but not limited to, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) discharging or releasing the obligors of any such accounts; (iii) suing, assigning or selling at a discount such accounts to collection agencies; or (iv) taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To deposit all amounts collected under clause (d) above into the Provider AccountPC Account which shall be and at all times remain in PC's name. Provider shall PC covenants to transfer and deliver to Service Company Business Manager for deposit into PC Account (or, with respect to a- counts receivable purchased by Business Manager, Business Manager's account) all funds received by Provider PC from patients or third party payors for Dental CareServices. Upon receipt by Service Company Business Manager of any funds from patients or third party payors or from Provider PC pursuant hereto for Dental Care pursuant Services, Business Manager shall immediately deposit those that relate to this agreementaccounts receivable covered by clause (d) above into PC Account. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of PC, Service Company shall promptly deposit the same into the Provider Accountmaintaining records of such receipt and disbursement of funds in accordance with Section 3.9(b).
(ef) To take possession of, endorse in the name of ProviderPC, and deposit into the Provider PC Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of for Dental Services that relate to accounts receivable for Dental Carecovered by clause (d) above.
(fg) To sign checks, drafts, bank notes or other instruments on behalf of ProviderPC, and to make withdrawals from the Provider PC Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesManagement Services Agreement. Upon request of Service CompanyBusiness Manager, Provider PC shall execute and deliver to the financial institution at which wherein the Provider PC Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special and limited power of attorney granted to Service Company Business Manager by Provider PC pursuant to this section and (S)4.12Section 3.8 or pursuant to Section 3.9 of this Management Services Agreement. The special and limited power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyBusiness Manager's written consent. The irrevocable power of attorney shall expire on the later of when this agreement Management Services Agreement has been terminated, when all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, Business Manager have been collected, and or when all amounts Management Fees due to Service Company as described in Article VII Business Manager have been paid. If Business Manager assigns this Management Services Agreement in accordance with its terms, then PC shall execute a power of attorney in favor of the assignee including substantially the same terms set forth in this Section 3.8.
Appears in 1 contract
Sources: Management Services Agreement (Castle Dental Centers Inc)
Billing and Collection. On behalf of and for the account of ---------------------- ProviderPractice, Service Company Business Manager shall (i) establish and maintain credit and credit, billing and collection policies and procedures, and shall exercise reasonable efforts to (ii) timely ▇▇▇▇ and collect in a timely manner all professional and other fees for all billable Dental Care Medical Services provided by Dental Care ProfessionalsPractice, including any such fees paid directly to Provider Physicians or Optometrists and for all goods sold by Service Company pursuant to Practice in connection with the then-current Membership Agreement Dispensary Business, all for application solely in accordance with the Budget, and (or similar agreement for providing professional iii) perform all cash management services to dental plans) between Service Company and Provideron behalf of Practice which Business Manager shall deem commercially reasonable. Service Company Business Manager shall advise and consult with Provider Practice regarding the fees for Dental Care Medical Services and ancillary services provided by Provider (including any related discounting policy)Practice; it being understood, however, that Provider's consent Practice shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CareMedical Services and that Business Manager shall have no authority whatsoever with respect to the establishment of such fees. In connection with the billing billing, collection and collection cash management services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 7.3 hereof), Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as ProviderPractice's exclusive true and lawful agent and attorney-in-fact, and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇▇▇▇ ProviderPractice's patients, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, for all billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(b) To ▇▇▇▇, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all claims for payment, reimbursement or indemnification from Blue Cross/Blue Shield, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid and all other third third-party payors or fiscal intermediaries for all covered billable Dental Care Medical Services provided or arranged by Practice to patients and for all goods sold by Practice in connection with the Dispensary Business, unless such billing would cause Practice to be in violation of the ▇▇▇▇▇ Act, any state referral ban or on behalf of Provider to patients.any other applicable federal, state or local law or regulation;
(c) To Subject to applicable law, and excluding receivables for Medicare and Medicaid services, to collect and receive, as the agent of Practice, in Business Manager's name and for Business Manager's account all accounts receivable of Practice purchased by Business Manager, including, without limitation, Purchased Receivables (as defined in Section 6.5 hereof), and to deposit such collections into the Depository Account;
(d) Subject to subparagraph (e) below, to collect and receive, in either Provider's or Service CompanyPractice's name (as Service Company deems appropriate) and on ProviderPractice's behalf, all accounts receivable generated by such ▇▇▇▇▇▇▇▇ and claims for reimbursementreimbursement that have not been purchased by Business Manager, and to administer such accounts includingat its reasonable discretion on Practice's behalf, but not limited towhich administration shall include, without limitation, (i) extending the time of payment of any such accounts for cash, credit or otherwise; (ii) with Practice Consent, discharging or releasing the obligors of any such accounts; (iii) with Practice Consent, suing, assigning or selling at a discount such accounts to collection agencies; or (iv) with Practice Consent, taking other measures to require the payment of any such accounts; provided, however, that extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors shall not be undertaken without Provider Consent.
(de) To collect all government program receivables after such amounts have been received and deposited into the Practice Account. Once deposited in the Practice Account, Practice hereby authorizes the government receivables to be automatically swept into the Depository Account as provided in Section 4.8(f), below. Practice shall cause the institution at which it maintains the aforementioned Practice Account to provide Business Manager with copies of all bank statements prepared with respect to such account.
(f) To deposit all amounts collected into the Provider Account. Provider Depository Account which shall transfer and deliver to Service Company all funds received by Provider from patients or third party payors for Dental Care. Upon receipt by Service Company of any funds from patients or third party payors or from Provider for Dental Care pursuant to this agreement, Service Company shall promptly deposit the same into the Provider Account.
(e) To take possession of, endorse be in the name of ProviderBusiness Manager, but in which Business Manager will account for such funds on a separate and distinct basis from any other funds deposited into such account by other Regional Practices. Moreover, subject to Business Manager's authority to discharge its responsibilities under this Agreement, Practice shall retain all rights in and to such deposited funds irrespective of their deposit into the Provider Depository Account; provided, however, that Practice shall have no rights in or to funds in the Depository Account that have been collected and received pursuant to Section 4.8(c). The parties hereto acknowledge and agree that Business Manager is performing cash management services on behalf of Practice by collecting all such amounts in the Depository Account and making any distributions, withdrawals and payments therefrom as required in this Management Services Agreement. The parties further acknowledge and agree that in performing such services for Practice, Business Manager is acting as Practice's agent pursuant to the power of attorney set forth in this Section 4.8, and, except as expressly provided herein, all rights to such funds shall remain with Practice. Practice covenants, and shall cause each Physician and Optometrist to covenant, to forward any payments, notes, checks, money orders, insurance payments, payments and any other instruments received for Medical Services provided and goods sold in payment of accounts receivable for Dental Care.
(f) To sign checks, drafts, bank notes connection with the Dispensary Business on or other instruments after the Original Effective Date by or on behalf of ProviderPractice or any of the Physicians or Optometrists to Business Manager for deposit in the Depository Account, or to directly deposit any such payments into the Depository Account. Business Manager shall have the right, at any time and from time to make withdrawals time, to withdraw funds from the Provider Practice Account for payments specified in this agreement and otherwise as agreed upon all owners of the Practice Account shall execute a revocable standing transfer order (the "Transfer Order") under which the bank maintaining the Practice Account shall daily transfer the entire balance of the Practice Account to the Depository Account. Practice and Business Manager hereby agree to execute from time to time such documents and instructions as shall be required by the Parties. Upon request of Service Company, Provider shall execute and deliver bank maintaining the Practice Account to the financial institution at which the Provider Account is maintained such additional documents or instruments as Service Company may reasonably request to evidence or effect the special power foregoing provisions and to extend or amend such documents and instructions as reasonably required to effect the intent of attorney granted to Service Company by Provider pursuant to this section and (S)4.12. The special power of attorney granted herein is coupled with an interest and shall be irrevocable except with Service Company's written consent. The irrevocable power of attorney shall expire when this agreement has been terminated, all accounts receivable purchased by Service Company pursuant to (S)7.7, if any, have been collected, and all amounts due to Service Company as described in Article VII have been paidSection 4.
Appears in 1 contract
Sources: Management Services Agreement (Novamed Eyecare Inc)
Billing and Collection. On As an agent on behalf of and for the account of ---------------------- Providerthe Practice, Service Company Business Manager shall establish and maintain credit and billing and collection services, policies and procedures, and shall exercise use reasonable efforts to ▇timely bill ▇▇▇ and collect in a timely manner all professional Professional and other fees for all billable Dental Professional Eye Care Services provided by Dental Care Professionalsthe Practice, including any such fees paid directly or Professionals employed or otherwise retained by the Practice. The Practice Advisory Council shall make recommendations to Provider by Service Company pursuant to the then-current Membership Agreement (or similar agreement for providing professional services to dental plans) between Service Company and Provider. Service Company shall advise and consult with Provider Business Manager and the Practice regarding the fees for Dental Professional Eye Care Services provided by Provider (including any related discounting policy); it being understood, however, that Provider's consent shall be necessary to establish the fees (subject to (S)3.2(d), above) to be charged for Dental CarePractice. In connection with the billing and collection services to be provided hereunder, Provider hereby grants to Service Company, and throughout the Term (and thereafter as provided in (S)8.3Section 6.3), the Practice hereby grants to Business Manager an exclusive special power of attorney and appoints Service Company Business Manager as Providerthe Practice's exclusive true and lawful agent and attorney-in-factfact (which shall be deemed revoked in the event of termination for cause by the Practice), and Service Company Business Manager hereby accepts such special power of attorney and appointment, for the following purposes:
(a) To ▇bill ▇▇▇ ProviderPractice's patients, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, for all billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(b) To bill, ▇▇▇▇, in either Provider's or Service Company▇ the Practice's name (as Service Company deems appropriate) using the Practice's tax identification number and on Providerthe Practice's behalf, all claims for reimbursement or indemnification from health maintenance organizations, self-insured employers, insurance companies and planscompanies, all state or federally funded dental benefit plansMedicare, Medicaid, and all other third third-party payors or fiscal intermediaries for all covered billable Dental Professional Eye Care Services provided by or on behalf of Provider the Practice to patients.
(c) To collect and receive, in either Provider's or Service Companythe Practice's name (as Service Company deems appropriate) and on Providerthe Practice's behalf, all accounts receivable generated by such ▇▇▇▇bill▇▇▇▇ and ▇▇▇ claims for reimbursement, to administer such accounts including, but not limited to, extending the time of payment of any such accounts for cash, credit or otherwise; discharging or releasing the obligors of any such accounts; suing, assigning or selling at a discount such accounts to collection agencies; or taking other measures to require the payment of any such accounts; provided, however, that the Practice shall review and approve (which approval shall not be unreasonably withheld) any decision by Business Manager to undertake extraordinary collection measures, such as filing lawsuits, discharging or releasing obligors obligors, or assigning or selling accounts at a discount to collection agencies. Business Manager shall not be undertaken without Provider Consentact in a professional manner and in compliance with all federal and State fair debt collection practices laws in rendering billing and collection services.
(d) To deposit all amounts collected into the Provider AccountAccount which shall be a cash collateral account held in the name of Business Manager and shall be opened at a financial institution chosen by Business Manager. Provider All amounts received or collected are hereby pledged to the Business Manager and shall be held or deposited in the Account to secure the performance of the Practice's obligations under this Agreement. The Account shall be held under Business Manager's tax identification number. The Practice covenants to transfer and deliver to Service Company the Account all funds received by Provider the Practice from patients or third third-party payors for Dental CareProfessional Eye Care Services. Upon receipt by Service Company Business Manager of any funds from patients or third third-party payors or from Provider the Practice pursuant hereto for Dental Professional Eye Care pursuant to this agreementServices, Service Company Business Manager shall promptly immediately deposit the same into the Provider Account. So long as the Practice is in full compliance with the terms of this Business Management Agreement, the Business Manager shall administer, be responsible for, and be obligated to pay for all Office Expenses. Business Manager shall disburse such deposited funds to creditors and other persons on behalf of the Practice, maintaining records of such receipt and disbursement of funds. Business Manager may borrow amounts from the Account in excess of amounts due Business Manager pursuant to this Agreement and to the full extent of funds in the Account. Such borrowed amounts shall bear interest to the Account in the amount of six percent (6%) per annum, and any of such borrowed amounts outstanding shall be repaid by Business Manager to the Account when needed to cover all expenses and obligations under this Agreement and shall be repaid within thirty (30) days of the termination of this Agreement.
(e) To take possession of, endorse in the name of Providerthe Practice, and deposit into the Provider Account any notes, checks, money orders, insurance payments, and any other instruments received in payment of accounts receivable for Dental CareProfessional Eye Care Services.
(f) To sign checks, drafts, bank notes or other instruments checks on behalf of Providerthe Practice, and to make withdrawals from the Provider Account for payments specified in this agreement and otherwise as agreed upon from time to time by the PartiesBusiness Management Agreement. Upon request of Service CompanyBusiness Manager, Provider the Practice shall execute and deliver to the financial institution at which wherein the Provider Account is maintained maintained, such additional documents or instruments as Service Company may reasonably request be necessary to evidence or effect the special power of attorney granted to Service Company Business Manager by Provider the Practice pursuant to this section and (S)4.12Section 3.9. The special power of attorney granted herein is shall be coupled with an interest and shall be irrevocable except with Service CompanyBusiness Manager's written consent. The irrevocable power of attorney shall expire when this agreement Business Management Agreement has been terminated, all accounts receivable purchased by Service Company payable to Business Manager pursuant to (S)7.7, if any, this Business Management Agreement have been collected, collected and all amounts Management Fees due to Service Company as described in Article VII Business Manager have been paid. If Business Manager assigns this Business Management Agreement in accordance with its terms, the Practice shall execute a power of attorney in favor of the assignee in a form acceptable to Business Manager.
Appears in 1 contract
Sources: Business Management Agreement (Vision Twenty One Inc)