Common use of Billing and Collections Clause in Contracts

Billing and Collections. (a) Subject to the provisions of Section 3.6(b) below, Manager shall, on behalf of Practice, bill ▇▇▇ collect from third party payors, intermediaries and patients all professional fees for medical services and for ancillary services performed at the Medical Offices by Practice and Practice's employees and agents, including, but not limited to, Physician Partners and Practice Employees, provided that Practice shall establish the fee schedule for all physician and ancillary services and pharmaceutical and other (e.g., hearing aids) items provided by Practice. Manager shall use reasonable diligence in its efforts to collect professional fees consistent with industry practice. At its sole cost and expense, the Practice shall have the right to periodically review such billing procedures, and in accordance with the policies approved by the Advisory Board, Manager will use reasonable judgment to settle and discount fees in consultation with the Advisory Board. For the term of this Agreement, Practice hereby grants Manager power of attorney and appoints Manager as its true and lawful attorney-in-fact for the following purposes: (i) To bill ▇▇▇rd party payors, fiscal intermediaries and patients in Practice's name, under its provider number(s) when obtained and on its behalf, and until such time as Practice has obtained its provider number(s), bill, ▇▇ the Physician Partners' and Practice Employees' names under their respective provider numbers and on their behalf, and in connection with such billing services Manager covenants and agrees that it will use its best efforts to perform the billing correctly and in accordance with applicable laws and regulations based on information that Practice and the Physician Partners and Practice Employees provide to Manager for such purpose; (ii) To collect accounts receivable and claims for reimbursement that are generated by such bill▇▇▇▇ ▇▇ Practice's name and on Practice's behalf, and in the name and on behalf of all Physician Partners and Practice Employees; (iii) To place such accounts for collection, settle and compromise claims, and institute legal action for the recovery of accounts in accordance with policies adopted by the Advisory Board; (iv) Following receipt by Practice, to take possession of payments from patients, insurance companies, Medicare, Medicaid and all other payors with respect to services rendered by Practice, Physician Partners and Practice Employees, and Practice hereby covenants to forward such payments to Manager for deposit; (v) To receive payments from Medicare and Medicaid, subject to the provisions of Section 3.6(b) below; (vi) To take possession of and endorse in the name of Practice, or any Physician Partner or Practice Employee, any notes, checks, money orders, insurance payments and any other instruments received by Practice as payment of such accounts receivable (except Medicare and Medicaid accounts receivable, which shall be received and accounted for in accordance with Section 3.6(b) below); (vii) To pledge the accounts receivable as collateral or otherwise encumber the accounts receivable without the approval of the Advisory Board or Practice (all actions with respect to any encumbering accounts receivable involving Medicare or Medicaid shall not be inconsistent with applicable laws and regulations relating thereto); and (viii) If requested, to sign checks on behalf of Practice and make withdrawals from bank accounts maintained by Manager for payments specified in this Agreement. (b) All amounts received in payment of Medicare, Medicaid, and CHAMPUS accounts receivable shall be deposited into an account in the name of and controlled by Practice (the "Physician Deposit Account") with a bank whose deposits are insured by the Federal Deposit Insurance Corporation. The Physician Deposit Account shall at all times be maintained and funds withdrawn in accordance with the provisions in the Billing Agreement for Governmental Receivables of even date herewith between Manager, Practice and Physician Partners in the form attached hereto as Exhibit 3.6(b) and made a part hereof (the "Billing Agreement"). The Physician Deposit Account shall be maintained by Manager solely for the purpose of collecting amounts in payment of Medicare, Medicaid, and CHAMPUS accounts receivable of Practice unless otherwise expressly agreed by Manager.

Billing and Collections. (a) Subject to the provisions of Section 3.6(b) below, Manager shall, on behalf of Practice, bill ▇▇▇ collect from third party payors, intermediaries and patients all professional fees for medical services and for ancillary services performed at the Medical Offices by Practice and Practice's employees and agents, including, but not limited to, Physician Partners Shareholders and Practice Employees, provided that Practice shall establish the fee schedule for all physician and ancillary services and pharmaceutical and other (e.g., hearing aids) items provided by Practice. Manager shall use reasonable diligence in its efforts to collect professional fees consistent with industry practice. At its sole cost and expense, the Practice shall have the right to periodically review such billing procedures, and in accordance with the policies approved by the Advisory Board, Manager will use reasonable judgment to settle and discount fees in consultation with the Advisory Board. For the term of this Agreement, Practice hereby grants Manager power of attorney and appoints Manager as its true and lawful attorney-in-fact for the following purposes: (i) To bill ▇▇▇rd party payors, fiscal intermediaries and patients in Practice's name, under its provider number(s) when obtained and on its behalf, and until such time as Practice has obtained its provider number(s), bill, ▇▇ the Physician PartnersShareholders' and Practice Employees' names under their respective provider numbers and on their behalf, and in connection with such billing services Manager covenants and agrees that it will use its best efforts to perform the billing correctly and in accordance with applicable laws and regulations based on information that Practice and the Physician Partners Shareholders and Practice Employees provide to Manager for such purpose; (ii) To collect accounts receivable and claims for reimbursement that are generated by such bill▇▇▇▇ ▇▇ Practice's name and on Practice's behalf, and in the name and on behalf of all Physician Partners Shareholders and Practice Employees; (iii) To place such accounts for collection, settle and compromise claims, and institute legal action for the recovery of accounts in accordance with policies adopted by the Advisory Board; (iv) Following receipt by Practice, to take possession of payments from patients, insurance companies, Medicare, Medicaid and all other payors with respect to services rendered by Practice, Physician Partners and Practice Employees, and Practice hereby covenants to forward such payments to Manager for deposit; (v) To receive payments from Medicare and Medicaid, subject to the provisions of Section 3.6(b) below; (vi) To take possession of and endorse in the name of Practice, or any Physician Partner or Practice Employee, any notes, checks, money orders, insurance payments and any other instruments received by Practice as payment of such accounts receivable (except Medicare and Medicaid accounts receivable, which shall be received and accounted for in accordance with Section 3.6(b) below); (vii) To pledge the accounts receivable as collateral or otherwise encumber the accounts receivable without the approval of the Advisory Board or Practice (all actions with respect to any encumbering accounts receivable involving Medicare or Medicaid shall not be inconsistent with applicable laws and regulations relating thereto); and (viii) If requested, to sign checks on behalf of Practice and make withdrawals from bank accounts maintained by Manager for payments specified in this Agreement. (b) All amounts received in payment of Medicare, Medicaid, and CHAMPUS accounts receivable shall be deposited into an account in the name of and controlled by Practice (the "Physician Deposit Account") with a bank whose deposits are insured by the Federal Deposit Insurance Corporation. The Physician Deposit Account shall at all times be maintained and funds withdrawn in accordance with the provisions in the Billing Agreement for Governmental Receivables of even date herewith between Manager, Practice and Physician Partners in the form attached hereto as Exhibit 3.6(b) and made a part hereof (the "Billing Agreement"). The Physician Deposit Account shall be maintained by Manager solely for the purpose of collecting amounts in payment of Medicare, Medicaid, and CHAMPUS accounts receivable of Practice unless otherwise expressly agreed by Manager.to

Billing and Collections. (a) Subject to the provisions of Section 3.6(b) below, Manager shall, on behalf of Practice, bill ▇▇▇ collect from third party payors, intermediaries and patients all professional fees for medical services and for ancillary services performed at the Medical Offices by Practice and Practice's employees and agents, including, but not limited to, Physician Partners and Practice Employees, provided that Practice shall establish the fee schedule for all physician and ancillary services and pharmaceutical and other (e.g., hearing aids) items provided by Practice. Manager shall use reasonable diligence in its efforts to collect professional fees consistent with industry practice. At its sole cost and expense, the Practice shall have the right to periodically review such billing procedures, and in accordance with the policies approved by the Advisory Board, Manager will use reasonable judgment to settle and discount fees in consultation with the Advisory Board. For the term of this Agreement, Practice hereby grants Manager power of attorney and appoints Manager as its true and lawful attorney-in-fact for the following purposes: (i) To bill ▇▇▇rd party payors, fiscal intermediaries and patients in Practice's name, under its provider number(s) when obtained and on its behalf, and until such time as Practice has obtained its provider number(s), bill, ▇▇ the Physician Partners' and Practice Employees' names under their respective provider numbers and on their behalf, and in connection with such billing services Manager covenants and agrees that it will use its best efforts to perform the billing correctly and in accordance with applicable laws and regulations based on information that Practice and the Physician Partners and Practice Employees provide to Manager for such purpose; (ii) To collect accounts receivable and claims for reimbursement that are generated by such bill▇▇▇▇ ▇▇ Practice's name and on Practice's behalf, and in the name and on behalf of all Physician Partners and Practice Employees; (iii) To place such accounts for collection, settle and compromise claims, and institute legal action for the recovery of accounts in accordance with policies adopted by the Advisory Board; (iv) Following receipt by Practice, to take possession of payments from patients, insurance companies, Medicare, Medicaid and all other payors with respect to services rendered by Practice, Physician Partners and Practice Employees, and Practice hereby covenants to forward such payments to Manager for deposit; (v) To receive payments from Medicare and Medicaid, subject to the provisions of Section 3.6(b) below; (vi) To take possession of and endorse in the name of Practice, or any Physician Partner or Practice Employee, any notes, checks, money orders, insurance payments and any other instruments received by Practice as payment of such accounts receivable (except Medicare and Medicaid accounts receivable, which shall be received and accounted for in accordance with Section 3.6(b) below); (vii) To pledge the accounts receivable as collateral or otherwise encumber the accounts receivable without the approval of the Advisory Board or Practice (all actions with respect to any encumbering accounts receivable involving Medicare or Medicaid shall not be inconsistent with applicable laws and regulations relating thereto); and (viii) If requested, to sign checks on behalf of Practice and make withdrawals from bank accounts maintained by Manager for payments specified in this Agreement. (b) All amounts received in payment of Medicare, Medicaid, and CHAMPUS accounts receivable shall be deposited into an account one or more accounts in the name of and controlled by Practice (the "Physician Deposit Account") with a bank whose deposits are insured by the Federal Deposit Insurance Corporation. The Physician Deposit Account shall at all times be maintained and funds withdrawn in accordance with the provisions in the Billing Agreement for Governmental Receivables of even date herewith between Manager, Practice and Physician Partners in the form attached hereto as Exhibit 3.6(b) and made a part hereof (the "Billing Agreement"). The Physician Deposit Account shall be maintained by Manager solely for the purpose of collecting amounts in payment of Medicare, Medicaid, and CHAMPUS accounts receivable of Practice unless otherwise expressly agreed by Manager.

Billing and Collections. (a) Subject to the provisions of Section 3.6(b) belowIt is agreed that only CEC shall ▇▇▇▇, Manager shall, collect and receive payment on behalf of Practice, bill ▇▇▇ collect from third party payors, intermediaries and patients all professional fees Professional Corporation for medical the performance of services and sale of goods by the Practice Locations. CEC shall submit all claims and other documents necessary or appropriate for ancillary services performed at the Medical Offices by Practice making claims for such services, to collect, receive payment of, receipt for and Practice's employees give discharges and agents, including, but not limited releases of all claims for such eye care services; to make demand with respect to, Physician Partners settle, compromise and Practice Employees, provided that Practice shall establish the fee schedule for all physician and ancillary services and pharmaceutical and other (e.g., hearing aids) items provided by Practice. Manager shall use reasonable diligence in its efforts to collect professional fees consistent with industry practice. At its sole cost and expense, the Practice shall have the right to periodically review adjust such billing procedures, and in accordance with the policies approved by the Advisory Board, Manager will use reasonable judgment to settle and discount fees in consultation with the Advisory Board. For the term of this Agreement, Practice hereby grants Manager power of attorney and appoints Manager as its true and lawful attorney-in-fact for the following purposes: (i) To bill ▇▇▇rd party payors, fiscal intermediaries and patients in Practice's name, under its provider number(s) when obtained and on its behalf, and until such time as Practice has obtained its provider number(s), bill, ▇▇ the Physician Partners' and Practice Employees' names under their respective provider numbers and on their behalf, and in connection with such billing services Manager covenants and agrees that it will use its best efforts to perform the billing correctly and in accordance with applicable laws and regulations based on information that Practice and the Physician Partners and Practice Employees provide to Manager for such purpose; (ii) To collect accounts receivable and claims for reimbursement that are generated by such bill▇▇▇▇ ▇▇ Practice's name and on Practice's behalf, and in the name and on behalf of all Physician Partners and Practice Employees; (iii) To place such accounts for collection, settle and compromise claims, and institute legal action for the recovery of accounts in accordance with policies adopted by the Advisory Board; (iv) Following receipt by Practice, to take possession of payments from patients, insurance companies, Medicare, Medicaid commence and all other payors with respect to services rendered by Practice, Physician Partners and Practice Employees, and Practice hereby covenants to forward such payments to Manager for deposit; (v) To receive payments from Medicare and Medicaid, subject to the provisions of Section 3.6(b) below; (vi) To take possession of and endorse prosecute in the name of Practice, Professional Corporation or any Physician Partner employee any suit, action or Practice Employeeproceeding to collect any such claims. CEC will use commercially reasonable efforts to properly and promptly perform such duties. In performing such duties, any notesCEC shall have the right, checks, money orders, insurance payments and any other instruments received by Practice as payment of such accounts receivable (except Medicare and Medicaid accounts receivable, which shall be received and accounted for in accordance with Section 3.6(b) below); (vii) To pledge the accounts receivable as collateral or otherwise encumber the accounts receivable without the approval of the Advisory Board or Practice (all actions with respect to any encumbering accounts receivable involving Medicare or Medicaid shall not be inconsistent with applicable laws and regulations relating thereto); and (viii) If requestedafter giving reasonable notice, to sign checks on behalf inspect and copy the records of Practice Professional Corporation relating to the eye care services rendered by Professional Corporation and make withdrawals from bank accounts maintained its employees, subject to applicable law. Professional Corporation shall ensure that each of its employees shall submit timely, accurate and complete billing information to CEC in compliance with all applicable laws, regulations, policies and practices governing payment for eye care services rendered by Manager for payments specified in this AgreementProfessional Corporation. (b) All amounts received in payment of MedicareCEC shall, Medicaid, and CHAMPUS accounts receivable shall be deposited into an account in the name of and controlled by Practice Professional Corporation, deposit in Professional Corporation's bank account (the "Physician Deposit Account") with all receipts and monies arising from the sale of goods or performance of services at or on behalf of the Practice Locations ("Practice Location Revenues") that are received by CEC on behalf of Professional Corporation. Professional Corporation shall have sole control of the the Deposit Account, and the bank shall be subject only to Professional Corporation's instructions regarding the Deposit Account, which will be set up as a bank whose deposits lockbox account such that all checks or other payments are insured immediately processed, endorsed and funds credited, and no withdrawals are made from the account by the Federal Deposit Insurance Professional Corporation. The Physician Deposit Account shall at all times be maintained and funds withdrawn in accordance with the provisions in the Billing Agreement for Governmental Receivables of even date herewith between Manager, Practice and Physician Partners in the form attached hereto as Exhibit 3.6(b) and made a part hereof (the "Billing Agreement"). The Physician Deposit Account shall be maintained subject to a standing transfer order from Professional Corporation as hereinafter set forth. Professional Corporation will retain absolute right to cancel or change the standing transfer order with the bank. It is specifically agreed and understood that all revenues of the Practice Locations, to the extent permitted by Manager solely law, shall be delivered to CEC by or on behalf of Professional Corporation for deposit directly into the Deposit Account. (c) Disbursements from the Deposit Account shall be made according to the Budget for the purpose Practice Locations set forth in Section 5 hereof, in the following manner. On a daily basis, Professional Corporation's Deposit Account will be swept and all funds therein transferred and deposited in one or more investment accounts of collecting amounts CEC. All funds deposited in payment such account(s) will be maintained, tracked and recorded in such account(s) as a Professional Corporation subaccount (PC Account). CEC will pay for all operating and non operating expenses arising out of Medicarethe operation of the Professional Corporation, Medicaidincluding but not limited to utilities and other facility expenses, cost of supplies and CHAMPUS accounts receivable inventory and other direct and indirect costs and expenses of operating the Practice unless otherwise expressly agreed Locations ("Practice Location Expenses"). All Practice Location Expenses are covered by ManagerCEC as part of CEC services under Section 4 of this Agreement and are included in CEC's Administrative Services Charge as set forth in Section 5(c) of this Agreement. Professional Corporation will be responsible for all Professional Compensation.