HealthPlus licenses a code auditing reference tool for use through the Web (the “Application Hosting Services”) that enables HealthPlus to disclose its code auditing rules and associated clinical rationale to Providers.  HealthPlus provides access to such Application Hosting Services to its Providers subject to the terms and conditions contained in this agreement (“Agreement”), which may be updated from time to time at HealthPlus’ or its licensors’ sole discretion without notice

Provider’s right to access and use the Application Hosting Services is non-transferable, nonexclusive, and for the sole purpose of internal use within the United States.

Provider will limit access to the Application Hosting Services to (i) only employees of Provider and (ii) only to the extent necessary to request the outcome of specific code combinations that Provider proposes to submit to HealthPlus regarding billing activity; and/or (iii) request information about submitted code combinations to evaluate the results of claims activity from HealthPlus only as related to Provider’s practice management.

Provider will protect the confidentiality of the information contained in and provided by the Application Hosting Services and that it has access to in this website, by using at least the degree of care and security it uses to protect its own confidential information.  Provider acknowledges and agrees that any unauthorized disclosure or distribution of the confidential information may result in irreparable injury to HealthPlus or licensor(s), entitling the injured entity to obtain immediate injunctive relief in addition to any other legal remedies available.

Provider will not modify, translate, decompile, disclose, create nor attempt to create any derivative work of the Application Hosting Services.

Provider acknowledges that the Application Hosting Services is in no way intended to prescribe, designate or limit medical care to be provided or procedures to be performed.  Provider accepts responsibility for and acknowledges that it will exercise its own independent judgment in its use of the Application Hosting Services and will be solely responsible for such use. Provider agrees to indemnify and hold HealthPlus, and its affiliates, officers, agents, licensors or other partners, and employees, harmless from any claim, demand or damages, including reasonable attorneys' fees, arising out of Provider’s use of the Application Hosting Services, or from its violation of the intellectual property rights or confidentiality obligations contained in this Agreement.

Provider acknowledges that the Application Hosting Services incorporates the CPT terminology developed and copyrighted by the American Medical Association (“AMA”) and CDT-3 and CDT-4 terminology developed and copyrighted by the American Dental Association (“ADA”).  The CPT codes and terminology and the CDT-3 and CDT-4 codes and terminology are provided pursuant to licenses granted by the AMA and ADA respectively, and Provider’s access to updated versions of such terminology depend on HealthPlus or its licensor’s continuing contractual relations with the AMA and ADA.  AMA and ADA reserves the right to modify the CPT, CDT-3 and CDT-4 codes respectively at any time.

Provider acknowledges that the Application Hosting Services, CPT terminology, and CDT-3 and CDT-4 terminology respectively, including all applicable rights to patents, copyrights, trademarks and trade secrets inherent therein and appurtenant thereto, is the sole and exclusive property of third parties, including Licensor, the AMA and ADA, who have licensed such rights. Provider agrees that no rights in the Application Hosting Services, CPT, CDT-3 or CDT-4 terminology are hereby conveyed to Provider except to the extent that Provider has the right to access and use the Application Hosting Services. 

THE APPLICATION HOSTING SERVICES AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, INCLUDING CPT, CDT-3, AND CDT-4 TERMINOLOGY, ARE PROVIDED TO PROVIDERS “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” HEALTHPLUS, ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT (i) WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE APPLICATION HOSTING SERVICES OR MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE APPLICATION HOSTING SERVICES OR WEBSITE, OR (ii) GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. In addition, HealthPlus’ licensors will not by reason of Provider’s access to the Application Hosting Services, the incorporation of the CPT, CDT-3 or CDT-4 terminology in the Application Hosting Services, or by any other reason, be deemed a party to this agreement, and Provider will look solely to HealthPlus for the performance of any obligations due Provider hereunder.

HealthPlus has the right to modify or terminate Provider’s access to the Application Hosting Services at any time or for any reason, including but not limited to Provider’s violation of any terms of this Agreement.

CPT is commercial technical data and/or computer databases and/or commercial computer software and/or commercial computer software documentation, as applicable which were developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois, 60610.  U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (June 1995) and/or subject to the restrictions of DFARS 227.7202-1(a)(June 1995) and DFARS 227.7202-3(a)(June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.