Terms & Conditions

1 General

  1. We will make Healthcode products and services available to you in consideration of the mutual exchange of promises contained herein if you are a user of a Free Service and for the duration of any Trial Period that we may, in our absolute discretion, grant to you, and if you are a user of a subscribed Service, additionally in consideration of the Fee(s).
  2. You must read these Terms and Conditions carefully before checking the "I accept" box. By checking the "I accept" box you agree to be bound by these Terms and Conditions and to ensure that any of your users of Healthcode products and services comply with them.
  3. We may modify these Terms and Conditions upon 30 days' notice at any time. The variations may be posted on our website (URL http://www.healthcode.co.uk/) and/or otherwise communicated to you. Continued use of Healthcode products and services 30 days after the date of such posting or communication is conclusive of your acceptance of the Terms and Conditions as modified. If you do not wish to continue to use Healthcode products and services upon the varied terms, then you may terminate in accordance with clause 5(a). Provided that your notice of termination is received prior to the expiry of the 30-day notice period, the terms as drafted prior to the variation shall continue to apply for the 90-day termination period.

2 Grant of rights to use Healthcode products and services

  1. Upon commencement of use of Healthcode products and services, You (and your users) will be able to submit requests for usernames and passwords on-line on our website. We will issue the usernames and passwords (which are validly requested) within a reasonable time following such request. You are responsible for keeping this information confidential and agree to take all necessary steps to ensure that it is kept secure and not disclosed to any unauthorised person.
  2. You must ensure you never leave a terminal logged on and unattended such that any unauthorised person could obtain information about a patient. You will only access Healthcode's system whilst duties necessitate it and advise Healthcode when access to a Healthcode's system is no longer required.
  3. If you believe your or your users' username(s) or password(s) have been discovered or are being misused, you must tell us immediately and take all steps necessary, or if requested by us, to prevent such use. We may suspend use of Healthcode products and services or change your password and notify you we have done so if we think there is likely to be a misuse of Healthcode products and services or a breach (or threat of breach) to the security and/or integrity of Healthcode products and services and/or our website(s).
  4. You and your users may only use the system for the purposes described in the appendices.
  5. You and your users must not upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of ours or any other party and you and your users must at all times use Healthcode products and services in a lawful and proper manner and only for the purposes set out in these Terms and Conditions. You and your users shall not sell, resell, reproduce, duplicate, copy or create derivative works of any portion of Healthcode products and services. For the avoidance of doubt this provision shall not affect your ability to copy and print the content of screen information.
  6. You are solely responsible for obtaining all equipment, approvals and paying all charges for connection to the World Wide Web.
  7. You agree to indemnify, defend and hold harmless in full, us from and against all losses, expenses, damages and costs, including solicitors' fees, resulting from any breach of these Terms and Conditions or negligent or wrongful conduct by you and/or your users or resulting from your or your users' use of Healthcode products and services in a manner not compatible with the purposes for which it is intended.

3 Our Proprietary Rights

  1. We retain all right, title and interest in Healthcode products and services, including all copyright, trademarks, patents and all other intellectual property rights.

4 Term and Payment

  1. Invoice clearing services are provided to healthcare providers free of charge.
  2. For services where a fee is applicable:
  3. The term is for one year renewing automatically on the anniversary of the Effective Date, unless terminated as set out below. We will provide you with an invoice prior to the anniversary of the Effective Date. Payment must be made by you prior to the anniversary of the Effective Date.
  4. We have the right to increase the Fee annually, but we will notify you of the increase on the invoice, and such increase shall constitute a variation of the terms subject to the terms of clause 1 (c).
  5. All invoices issued in relation to Healthcode products and services are due and payable 30 days from the days of the invoice.

5 Termination and Suspension of Use

  1. Either party may terminate access to Healthcode products and services for any reason by giving the other party 90 days written notice. If we terminate on notice, after you have paid an annual Fee, we will provide you with a pro rata refund of your annual Fee for the period from the date on which termination takes effect to the end of the year for which the Fee has been paid. If you terminate, no refund shall be given.
  2. We reserve the right, in our sole reasonable discretion, to immediately terminate your access to Healthcode products and services without notice and without refund if in our sole discretion we believe you or your user(s) have breached these Terms and Conditions and/or are threatening the security and/or integrity of Healthcode products and services or our website(s). If we terminate due on such grounds, you will not be entitled to any refund or payment.
  3. In the event of non-payment of an overdue invoice by you, we reserve the right to suspend the service immediately until payment is made in full.
  4. You may terminate access to Healthcode products and services by giving us not less than 30 days written notice where we are in material breach of these Terms and Conditions and we do not cure the relevant material breach prior to the expiry of the notice period. Where you terminate for our material breach, we will provide you with a pro rata refund of your annual Fee for the period from the date on which termination takes effect to the end of the year for which the Fee has been paid.
  5. All provisions which by their nature would continue to survive termination or expiry of these Terms and Conditions shall so survive.

6 Data Protection and Confidentiality

  1. You are responsible for complying fully with the Data Protection Act 1998 and all relevant Codes of Practice and other guidelines issued by the Office of the Information Commissioner in respect of the personal data (as defined in the 1998 Act) which is processed via, or cause to be processed by, Healthcode products and services. This includes, without limitation that you will ensure you are legally and properly entitled to pass third party personal data to us for processing.
  2. It is our policy to follow the Code of Practice for information management systems set out in ISO/ICE 27001.
  3. All information shared between the parties in relation to these Terms and Conditions shall be held confidential by the other party.
  4. To the extent obligations are imposed upon Data Processors in the relevant legislation or Codes of Practice we will:
    1. Comply with the seventh principle set out in Schedule 1 of the Data Protection Act 1998 in relation to any Personal Data or Sensitive Personal Data which we Process as Data Processor (all of which terms are, for the purposes of this clause (i) and (ii) below, as defined in the Data Protection Act 1998) of you under this Agreement;
    2. Comply fully with the Data Protection Act 1998 (the Act) and all relevant Codes of Practice and other guidance issued by the Office of the Information Commissioner in respect of the Personal Data which we Process, or cause to be Processed, via or as a result of Healthcode products and services to you;
  5. Our Privacy Notice (available at http://www.healthcode.co.uk/privacy) applies to our processing of personal data, whether as a data controller or a data processor.

7 Force Majeure and Viruses

  1. Neither party shall be liable for any delay or failure to perform any of its obligations under these Terms and Conditions if such delay or failure is due to any cause beyond the party's reasonable control including, without limitation, interruption of Internet services.
  2. Healthcode shall take all reasonable steps in accordance with computing industry practice to prevent viruses or other malicious code infecting Healthcode products and services, including the use of industry standard anti-virus software. You acknowledge that, to the extent any virus or malicious code is not known to or detected by such anti-virus software, Healthcode shall have no liability in relation to the same.
  3. You agree to ensure that any computing equipment from which you access Healthcode products and services is running industry standard anti-virus software which has fully up to date virus definitions and that such computing equipment is regularly scanned for, and cleared of, viruses, worms, trojans, 'spy-ware', 'ad-ware' or other malicious code.

8 Disclaimer and Limitation of Liability

  1. We process messages on an automatic basis. We are not responsible for the contents of a message or its accuracy.
  2. THE HEALTHCODE PRODUCTS AND SERVICES ARE PROVIDED ON AN AS-IS BASIS AND, OTHER THAN STATED ABOVE, USE OF HEALTHCODE PRODUCTS AND SERVICES IS DONE ENTIRELY AT YOUR OWN RISK. WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION IN HEALTHCODE PRODUCTS AND SERVICES TO THE MAXIMUM EXTENT ALLOWED BY LAW.
  3. WE WILL NOT BE LIABLE FOR ANY LOSSES, COSTS, CLAIMS, DEMANDS, DAMAGES AND EXPENSES (EACH WHETHER DIRECT OR INDIRECT) RESULTING FROM ANY UNAVAILABILITY OF HEALTHCODE PRODUCTS AND SERVICES OR ANY CORRUPTION (INCLUDING, WITHOUT LIMITATION, INFECTION, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES) OR LOSS OF DATA YOU MAY SUFFER. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO HEALTHCODE PRODUCTS AND SERVICES FOR THE RECONSTRUCTION OF ANY LOST DATA.
  4. WE DO NOT MAKE ANY REPRESENTATIONS OR GIVE ANY WARRANTY IN RESPECT OF THE SPEED OR ACCURACY WITH WHICH YOUR CLAIMS MESSAGE IS READ, PROCESSED OR ACTIONED BY THE INTENDED RECIPIENT.
  5. IN NO EVENT WILL WE BE LIABLE FOR LOSS OF PROFITS (DIRECT OR INDIRECT), INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED TO, DIRECT OR INDIRECT LOSSES AND DAMAGES FOR ANTICIPATED SAVINGS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA).
  6. ALL AND ANY TERMS, CONDITIONS AND WARRANTIES IMPLIED INTO THESE TERMS AND CONDITIONS ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
  7. EXCEPT IN RELATION TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR OUR FRAUDULENT MISREPRESENTATION, OUR TOTAL AGGREGATE LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO FIVE HUNDRED POUNDS STERLING (£500).

9 Agreement and Severability

  1. These Terms and Conditions contain the entire agreement between us in relation to the use of Healthcode products and services. No other written or oral representations made will be incorporated into these Terms and Conditions or have any legal effect, and we shall not have any liability for such (except for fraudulent misrepresentation).
  2. If at any time any part of these Terms and Conditions is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms and Conditions and the validity and/or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired as a result of that omission.

10 Assignment and Rights of Third Parties

  1. These Terms and Conditions are personal to you and you shall not assign, sub-contract or otherwise transfer, any of your rights and responsibilities under these Terms and Conditions. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions. The parties to these Terms and Conditions shall have the right to vary or cancel them in accordance with its provisions without requiring the consent of any third party.

11 Warranties and Undertakings

  1. You warrant, represent and undertake that:
    1. you have the power and authority to agree to and perform these Terms and Conditions and that agreement and performance of these Terms and Conditions has been duly authorised by all necessary actions;
    2. if and to the extent that you are the appointed representative acting on behalf of a medical specialist or consultant, you have been duly authorised:
      1. to act on behalf of that medical specialist or consultant; and
      2. to process patient data and confidential data on behalf of that medical specialist or consultant;
  2. to the extent that any personal data is being processed pursuant to these Terms and Conditions, you the data controller of this personal data (as these terms and defined in the Data Protection Act 1998 (as amended or replaced from time to time)).

12 Governing law and jurisdiction

  1. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of England.
  2. All disputes or claims or matter relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the English Courts to which both parties irrevocably submit.

13 Products and Services

These terms and conditions apply to the following products and services:

  • ePractice biller
  • ePractice biller Plus
  • ePractice manager
  • HC VEDA® bill clearing and validation services
  • Bill clearing and validation services
  • Electronic remittances
  • Pre-authorisation services
  • Secure Messaging service
  • Clinical Coding Toolkit
  • The Private Practice Register

A full description of each product and/or service can be found in the appendices.

APPENDIX A : ePractice biller

Healthcode ePractice biller is a secure online billing application for Specialists, Medical Secretaries, and Group Practices. The service is free and allows registered users to key billing information directly to the Healthcode secure web system. Features are listed below:

  • Patient Database
  • GP Database
  • Diagnosis (ICD) Procedure (CCSD) and Industry Standard Charge Codes (Healthcode ISC ©) look up tools.
  • Production of paper invoices (fixed format) for self pay and non electronic billing Insurers
  • Pre-submission validation of electronic invoices
  • Validation of invoices for Insurers accepting electronic invoices against the insurer validation rules
  • Data export facility

APPENDIX B : ePractice biller Plus

Healthcode ePractice biller Plus is a secure online billing and payment tracking application for Specialists, Medical Secretaries, and Group Practices. We charge an annual fee (as described in the Terms and Conditions) for access to ePracticebiller Plus. The service allows registered users to:

  • Key billing information directly to the Healthcode secure web system and/or
  • Access details of the insured work they have carried out in Private Hospitals and certain Private Patient Units within the NHS (from participating Insurers). It delivers to the desktop key information required by Insurers to pay the bill. The annual fee is based on the number of Specialist(s):

Features are listed below:

    • Patient Database
    • GP Database
    • Diagnosis (ICD) Procedure (CCSD) and Industry Standard Charge Code (Healthcode ISC ©) look up tools.
    • Production of paper invoices (fixed format) for self pay and non electronic billing Insurers
    • Pre-submission validation of electronic invoices
    • Validation of invoices for Insurers accepting invoices against the insurer validation rules
    • Invoice Auto-population (available for electronic bills)
    • Track patient and insurer accounts and record payments, including allocation of bulk payments.
    • Integrated Membership Enquiry - ability to verify and confirm a patient's insurance policy number and demographics securely on line.
    • Guideline Pricing – ability to set fees insurer-by-insurer basis
    • Invoicing and Payment reports
    • Data export facility

 APPENDIX C : ePractice manager

ePractice manager is a comprehensive secure web-based management system for private practices, helping Specialists, Medical Secretaries and Group Practices to manage every aspect of their practice. The service allows registered users to:

  • Create and maintain a patient database with contacts, GP information, notes and alerts.
  • Manage appointments and schedules for the practice for individuals and groups of specialists with a facility to hold waiting lists.
  • Track patient and insurer accounts and record payments, including allocation of bulk payments.
  • Run various statements and financial reports.
  • Manage patient correspondence using letter templates and online document storage. Appointment confirmation, shortfall and reminder letters with batch document processing.
  • Manage the practice contact book in one central location.

We charge an annual fee (as described in the Terms and Conditions) for access to ePractice manager. The table below illustrates the features included in ePractice manager as standard.

Feature

ePractice manager

Patient management

  • Patient information
  • Notes and alerts
  • Appointment history
  • Patient billing and account management
  • Patient contacts book
  • Correspondence history

Diary management

  • Flexible diary views
  • Clinic and Theatre session creation and management
  • Search function
  • Waiting list and earlier appointment requests
  • Appointment confirmation
  • Appointment by status
  • Listing by appointment type
  • Appointment reports

Patient billing

  • Includes all features listed within ePractice biller Plus

Practice accounting and reporting

  • Reconciliation
  • Statements
  • End of day banking list
  • Aged debt analysis reports
  • Financial summary reports
  • Account summary reports
  • Invoicing reports
  • Payment reports
  • Debtor reports

Document Management

  • Appointment letters
  • Shortfall letters
  • Reminder letters by debt band
  • Statements
  • Invoice and receipts


APPENDIX D: HC VEDA® System and associated bill validation and clearing Services

Healthcode's HC VEDA® and associated bill validation and clearing services is used in conjunction with Third Party software. The service is free. Third party software is used to manage the practice and create insurer bills. Patient billing records captured on the Hospital Patient Administration System (PAS) or the Specialist Practice Management System are submitted to HC VEDA®. For Hospital bills, internal charge codes are mapped to Healthcode's proprietary Industry Standard Codes (ISCs). The files containing the validated bills are held on Healthcode's servers until insurers collect them for processing. The system generates a receipt for each bill collected.

While all Healthcode secure services are subject to username and password access controls, a number of third party software vendors will integrate these into their practice management system. Where this occurs, Acceptance of these Terms and Conditions will constitute authorisation for Healthcode to issue your third party software vendor with the necessary password to activate electronic billing.

APPENDIX E: The Private Practice Register (The PPR)

The Private Practice Register provides a service that allows specialists, consultants and health professionals to interact with Private Medical Insurers as part of their specialist recognition process.

The Private Practice Register provides a secure central online facility, which enables specialists, consultants and health professions to submit information to Private Medical Insurers in support of new application for recognition; or update information for insurers with whom they are already recognised.

The service allows registered users to:

  • Submit new recognition applications securely to insurers
  • Store their private practice documents securely online
  • Maintain practice capabilities and keep their practice rights up to date in one system including:
    • Personal Profile
    • Private and NHS Practice information
    • Fitness to Practice information
    • Specialty and Qualifications
    • Medical Secretary Details
    • Publications
    • Bank Details
    • Medical Indemnity
    • Recognition status for insurer(s)
  • Build and maintain their private practice profile
  • Complimentary access to ePractice biller
  • Complimentary access to Secure Messaging

Only subscribing insurers to The PPR will receive all the information you provide, you may need to supply further information to non-subscribing insurers as part of your recognition application.

As part of The PPR, Healthcode undertakes that the following information will be "non-publishable" (meaning not made publicly available, unless you otherwise provide Healthcode with express permission to the contrary) by Healthcode and/or the third party recipient of that information:

  • Date of Birth
  • Email Address
  • Contact Number
  • Mobile Number
  • Bank Details
  • NHS Contact Details

To ensure your profile is up to date Healthcode may receive updates to your bank details directly from Insurers you have a relationship with as advised by your bank.

APPENDIX F: Service Packages

Service

Brief description

Electronic Remittances

Most insurers also issue electronic remittance advises which in turn can be downloaded into the provider system for automatic account reconciliation.

Pre-authorisation services

Healthcode's Membership Enquiry and Verification service allows healthcare providers to confirm a patient's insurance details online. Using Healthcode's secure, encrypted network, providers can validate your patient's insurance and demographic details quickly and securely. Long, time-consuming phone calls to insurers are eliminated.

Secure Messaging

Healthcode's Secure Messaging service uses encryption to internet banking standards. The system allows the efficient transmission of confidential information between key healthcare professionals.

Clinical Coding

With Healthcode's Clinical Coding Toolkit, providers such as private hospitals and NHS Private Patient Units treating NHS patients have the ability to determine HRG tariffs in order to accurately prepare NHS submissions to Secondary Uses Service (SUS) in support of Payment by Results (PbR) tariff and Hospital Episode Statistics (HES) contracted obligations.

Healthcode's Clinical Coding Toolkit offers a broad range of benefits to healthcare providers, including clinicians and administrative staff, to support healthcare professionals in their administrative and reporting duties. It also enables a clinical coder to work with the independent sector code sets which they're familiar with and allows them to translate codes to NHS standards.

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