We are excited to have you join our community where patients are first. Below you will find a Membership at HealthyNowMD Agreement that is required of HealthyNowMD members. Many of the obligations in the agreement are ours, but there are some important obligations on your part, too. So, please read this agreement carefully AND THOROUGHLY. If you have any questions or concerns, please reach out to us at message@HealthyNowMD.com.
This HealthyNowMD Members HealthyNowMD Agreement (this “Agreement”), is between you and HealthyNowMD, LLC (“HEALTHYNOWMD,” “we,” “us” or “our”), an Arizona limited liability company.
We, through an arrangement with HEALTHYNOWMD, LLC (“HEALTHYNOWMD”), agree to provide healthcare services on the terms and conditions set forth in this Agreement, which will become effective when (i) you have completed the HealthyNowMD sign-up process and clicked the “I have read and agree to the HealthyNowMD Membership Agreement” button, and (ii) we have received your first payment due hereunder.BY CLICKING THE “I have read and agree to the HealthyNowMD Membership Agreement” BUTTON, YOU AGREE
(i) TO ENTER INTO THIS AGREEMENT ELECTRONICALLY AND TO ABIDE BY ITS TERMS,
(ii) THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD,
(iii) WE MAY CHARGE YOUR CREDIT CARD OR BANK DRAFT INFORMATION PROVIDED TO US UPON SIGN-UP FOR YOUR MONTHLY HEALTHYNOWMD FEE AND FOR THE ANCILLARY SERVICES YOU MIGHT USE THROUGH OUR CONTRACTED THIRD-PARTY PROVIDERS, AND
(iv) THAT YOU UNDERSTAND THAT HEALTHYNOWMD IS NOT INSURANCE.
(v) WE ARE NOT YOUR PRIMARY CARE PROVIDER AND WILL NOT REPLACE A PRIMARY CARE PROVIDER.
(vi) WE DO NOT TREAT CHRONIC MEDICAL CONDITIONS.
(vii) WE WILL DETERMINE A HEALTH IMPROVEMENT PLAN AND HEALTH GOALS THAT FOCUSES ON IMPROVING OVER ALL HEALTH, DISEASE PREVENTION, PROFORMANCE IMPROVEMENT, WEIGHT CONTROL AND MEETING HEALTH GOALS.
(viii) WE MAY ASSIST IN TREATING MINOR ACUTE CARE NEEDS AS THEY RELATE TO YOUR OVERALL HEALTH, BUT AT NO TIME WILL WE REPLACE EMERGENCY SERVICES. ALL EMERGENCT HEALTHCARE NEEDS SHOULD BE DIRECTED TO EMERGENCY ROOMS OR URGENT CARE CENTERS AS THEY ARE MORE EQUIPED TO TREAT ACUTE AND EMERGENT CONDITIONS.
(ix) AT ANY TIME HEALTHYNOWMD CAN CANCEL THE SERVICE IF A PROVDER FEELS THE PATEINT’S NEEED IS OUTSIDE OF OUR SCOPE OF PRACTICE. YOU WILL RECEIVE NOTIFICATION OUR THIS CANCELATION AND YOU WILL NO LONGER BE CHARGED.
(x) YOU AGREE TO CORRESPOND WITH HEALTHYNOWMD ABOUT YOU MEDICAL AND HEALTH RELATED INFORMATION USING THE PHONE NUMBER YOU PROVIDE IN THE INTAKE FORM AND THE EMAIL PROVIDED IN THE INTAKE FORM
TO STOP ANY RECURRING OR VARIABLE CREDIT CHARGES FOR ANCILLARY SERVICES AT ANY TIME, CONTACT US AT: message@HealthyNowMD.com or call us at 1.602.935.0367.
Patient-Centered System. As a member of HealthyNowMD, you are a part of a patient-centered healthcare system. As part of the HealthyNowMD based care, you will receive as a member, a patient-centered, accessible, team-based, coordinated health improvement plan. We will focus on you and your unique needs and preferences, the healthcare professionals of HEALTHYNOWMD will work to improve the quality, effectiveness, and efficiency of your care.
Access to Your Team of HEALTHYNOWMD Medical Service Providers. As a HealthyNowMD member, you will have access to a HEALTHYNOWMD Medical. Your HealthyNowMD provider will get to know you and will be dedicated to spending time with you as a partner in your overall health improvement plan. Your PROVIDER, and the office team of which he/she is part, want to work together to improve your overall health, well-being, and satisfaction. Your PROVIDER has access to a network of specialist physicians who are available to assist and support him/her. Your PROVIDER will take responsibility for providing for your health improvement healthcare needs and for arranging care, when needed, with other medical professionals associated with HEALTHYNOWMD or otherwise.
New Technologies. We plan to develop new technologies to help ensure optimal patient care, to better measure performance, and to improve communication between you and your healthcare providers. You will be given a direct messaging platform to communicate with your PROVIDER, and you may communicate with him/her using tools not normally available to patients outside of HealthyNowMD’s patient-centered approach.
Specialists and Low Cash-Based Rates. When your circumstances require specialized care, your PROVIDER will provide an opportunity to help you make arrangements to see selected specialists who are willing to accept low cash-based payments from you in return for the services you need.
Ancillary Services. When you need ancillary services, such as lab work, imaging services, or specialty care, we have contracted with third-party providers who are willing to accept low cash-based payments from you for such products and services. We will help you coordinate with the providers of all of these ancillary services as needed.
Within your HealthyNowMD office, we often provide access to medical testing, labs, certain office procedures, diagnostic evaluations, and therapeutic options at significantly reduced rates. Your PROVIDER will communicate these options with you during your visit.
In addition, we have partnered with a national laboratory company to provide access to low cost labs that can be obtained outside of your PROVIDER’s office. You may opt to charge you insurance company. You are responsible for payment for these services outside of HEALTHYNOWMD. If, however, you receive a charge that seems higher than expected, please reach out to message@HealthyNowMD.com, and someone with HealthyNowMD services will help ensure that the charges are, in fact, correct.
Please understand that your HealthyNowMD does not include any pharmaceutical benefits. We suggest that members pay cash for needed prescription medications. Often such cash prices are lower than prices under insurance-based plans. Please ask your PROVIDER for help in finding the best prices for prescription medications. You may decide to charge your insurance company for prescription medication. You are responsible for payment for medications. Your PROVIDER may assist in finding low cost medications.
Seeing your PROVIDER. We encourage you to contact your PROVIDER often and to see him/her whenever needed. As a member with HealthyNowMD delivery model, all of your interactions with your PROVIDER are provided as part of your monthly membership at HealthyNowMD fee. There are no co-pays for your PROVIDER visits. We believe that more interactions with your PROVIDER can help you become healthier and stay healthier.
Your Personal Information. Information regarding your health is between you and your HEALTHYNOWMD medical PROVIDER and other healthcare or medical service providers within our team. We do not request, collect, or store such information that is patient specific and identifiable to a specific patient. We do, however, collect or store such information that is not patient specific and not identifiable to a specific patient. However, we will collect and store your name, age, email address, mailing address, phone number, and other administrative information that you provide to us. We need your credit card number and/or bank account details; however, we do not store the actual number(s). A third-party maintains a protected, encrypted version of the number(s). All such information is secured and used as described in our HIPAA Medical Privacy Policy and Online Privacy Policy.
Payment of Your Membership – HealthyNowMD Fees. By submitting your credit card and/or bank account information to us and clicking the “I have read and agree to the HealthyNowMD Membership Agreement” button, you authorize us to charge your credit card or bank account for your monthly members – HealthyNowMD fee. Members – HealthyNowMD fees are due upon your members – HealthyNowMD start date. Your credit card and/or bank account will be charged on this same date every month thereafter. This date is your members HealthyNowMD payment due date. Once paid, you will have access to the HealthyNowMD program until your subsequent members HealthyNowMD payment due date. If payment for your members – HealthyNowMD fee is declined and/or we do not receive payment upon the members – HealthyNowMD payment due date, your account will be suspended until your account is brought current, and none of the options described herein will be available to you during the period of suspension. If your account remains unpaid 60 days after your initial missed members – HealthyNowMD payment due date, your members – HealthyNowMD will be canceled. If you need assistance our team members are available to discuss automatic draws or automatic charges on credit cards or bank accounts. You understand that changes to your members – HealthyNowMD, and/or your use of ancillary services from our contracted third-party providers, may change the amount charged to your credit card or bank account on a monthly basis. You will receive a confirmatory email (at the email address you have provided to us) promptly after your card or bank account is charged. Please understand that payment for only certain ancillary services will be handled by credit card charges or bank drafts. For example, payments for specialist services will not be paid via a credit card charge or by bank draft.
Communication with your primary provider – HealthyNowMD is founded upon the concept of relationship-based care. This begins with your HealthyNowMD Physician. This relationship with HealthyNowMD requires fostering and engagement from both our members and their HealthyNowMD provider. It is for this reason that when you join HealthyNowMD, you choose one HealthyNowMD provider. However, we understand that not all relationships at HealthyNowMD may work, and change may be necessary. In the instance where a member feels the need to choose a different HealthyNowMD provider, such member is to contact HealthyNowMD services via email at measages@HealthyNowMD.com and request a change in their PROVIDER. This request must occur at least 5 days prior to the beginning of the following month. The member then begins with their new Provider beginning the 1st of the following month. If you have another physician who acts as a primary care physician, it is your responsibility to communicate your treatment and health improvement plan. We will send your treatment plan to you directly and you may share with additional providers outside of HealthyNowMD. We will only share your health improvement plan directly with you the email you have provided.
Payment for Specialists and Ancillary Services. HEALTHYNOWMD Medical does not provide primary care healthcare or medical services. We may connect you to a primary care provider and his/her office teams outside of our monthly members – HealthyNowMD program. When your care requires specialists and ancillary services, we may help schedule such services, whenever possible, with outside providers with agreements with us. When you need such services, you can pay low cash-based rates requested by needed specialists and ancillary service providers when you receive their services. If you choose to purchase care from physicians and providers participating in our HealthyNowMD system, the rates paid to such physicians and service providers will be lower than otherwise would be the case. If we can save you even more money by charging your credit card or using a bank draft to pay for certain ancillary services such as telemedicine for specialty care and if you have not “opted out” of such charges, then we will charge your credit card or bank account for those services. If you choose to see specialists or receive ancillary services from those not participating in our HealthyNowMD system, your costs could be much higher, and you will need to pay them directly in all such cases. If you have an insurance/insurance alternative product paired with HealthyNowMD that helps cover the costs of specialists and ancillary services, then you have the option to use this as well.
Consider Additional Insurance Products. HealthyNowMD members – HealthyNowMD is not insurance, and even with perfect care, we cannot fully protect patients from experiencing health challenges requiring specialty care and services and sometimes hospitalization and expensive treatments. If you want to plan for times when your health requires more than what HealthyNowMD provides, it is your responsibility to find care and insurance.
Compliance with ACA. Those living in the United States are required to comply with all applicable federal, state and local laws, rules, and regulations, including federal and state laws relating to health insurance. The ACA is legislation that sets up an insurance-based system to pay for care. The HealthyNowMD program is a healthcare model that is an alternative to the insurance-based system, and we believe it is a better way to access and pay for high quality medical services. HealthyNowMD is not insurance. Again, however, we suggest that members consider their unique circumstances and what is best for them in terms of ACA compliance requirements.
Benefits Requiring Payment. Specialty physicians participating in HealthyNowMD offer services and consultation not offered by your primary provider at HealthyNowMD. If these services are required, we will discuss these additional costs directly with you during your new patient intake meeting.
Term of Members – HealthyNowMD. Your members – HealthyNowMD rights, privileges, and obligations begin immediately when you sign-up for members – HealthyNowMD in HealthyNowMD and we receive your first month’s payment. This is your members – HealthyNowMD start date. This Agreement (and thus your members – HealthyNowMD) will be for an initial period of twelve (12) months, after which time this Agreement (and your members – HealthyNowMD) will continue on a month-to-month basis, unless and until it is terminated per the terms below. (The reason for the twelve (12) month initial period is to prevent unscrupulous individuals from simply joining for a few months only to receive urgent care, then promptly canceling their members – HealthyNowMD.)
Termination. Either party may terminate this Agreement at any time after the first three (3) months for any reason at all, or for no reason, by giving notice to the other party, without penalty or liability for such termination. In order to cancel your members – HealthyNowMD, you must provide notice to message@HealthyNowMD.com services at mesaage@HealthyNowMD.com 5 days prior to your members – HealthyNowMD payment due date. If notice is given after 5 days prior to your members – HealthyNowMD payment due date, then you must still pay the members – HealthyNowMD fee, and termination will be effective at the next members – HealthyNowMD payment due date. You will continue to have access, at your option, to all member services until such termination takes effect. There will be no refunds of payment if the above termination policy is not followed. You agree that you will make all required payments for months during which you are a member; and if you have provided us with your credit card or bank account information you hereby authorize us to charge your credit card or bank account for such required payments. (See also “Changes to Agreement” below for other circumstances allowing termination.)
Limitations on Liability. NEITHER YOU, ON THE ONE HAND, NOR HEALTHYNOWMD, ON THE OTHER HAND, WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, PUNITIVE (but not with respect to HEALTHYNOWMD) OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW. EXCLUDING CLAIMS ARISING OUT OF PROFESSIONAL NEGLIGENCE, OUR MAXIMUM LIABILITY TO YOU IS LIMITED TO THE FEES THAT YOU HAVE PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO OUR LIABILITY, PLUS INTEREST AS ALLOWED BY LAW. WE WILL HAVE NO LIABILITY TO YOU FOR OUR INABILITY TO PERFORM ITS OBLIGATIONS HEREUNDER DUE TO EVENTS OUTSIDE OUR REASONABLE CONTROL, SUCH AS CHANGES IN LAW, OR ACTS OF GOD.
You understand and agree that we are not liable to you under this Agreement for any acts or omissions committed by (i) your PROVIDER, (ii) any of the healthcare or medical professionals to which you gain access as a member of HealthyNowMD, or (iii) by any third-party providers of insurance products, regardless of whether we have a contractual relationship with HealthyNowMD with them. Any legal rights you may have against those people or entities would be separate and apart from this Agreement. Your PROVIDER is a member and agent of HEALTHYNOWMD, and all care that is provided through HEALTHYNOWMD. HEALTHYNOWMD is a management services entity that contracts with HEALTHYNOWMD PROVIDERS to give services to HealthyNowMD members.You also agree that you will look only to HEALTHYNOWMD or HEALTHYNOWMD PROVIDERS (if involving healthcare services) and only to their assets and property for satisfaction of any of your legal remedies arising under this Agreement, and that no assets or property of any member, officer, director, employee, or agent of HEALTHYNOWMD or any of its affiliates will be subject to collection, levy, judgement, or any other enforcement action arising out of this Agreement.
Disclaimer of Warranties. HEALTHYNOWMD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE; OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT.
Indemnification. We will indemnify, defend and hold you harmless from and against any and all third party demands, claims, actions or proceedings seeking a remedy for personal injury (including death) to any person, damage to the property (real, personal or intellectual) of any person or entity, or any financial or commercial harm or loss, and all fines, judgments, settlements, penalties, liabilities, losses, costs and expenses, including reasonable attorneys’ fees and expenses (collectively, “Claims”) suffered by you in direct connection therewith, to the extent caused by any breach by HEALTHYNOWMD of any material term of this Agreement. Any such compliance issue or challenge will not give rise to indemnity obligations on our part.
You will indemnify, defend and hold harmless HEALTHYNOWMD and HEALTHYNOWMD Providers and their affiliates, and each of their respective members, officers, employees, and agents against all Claims, whether brought by you or by third parties, to the extent caused by (i) any breach by you of any material term of this Agreement; or (ii) any false or misleading statements you make to HEALTHYNOWMD, your PROVIDER, or any other healthcare provider or provider of insurance.
Governing Law. This Agreement will be governed by and construed according to the internal laws of the State of Arizona, without giving effect to any choice or conflict of law provision or rule. You and we agree that any legal suit, action, or proceeding arising out of relating to this Agreement or your members – HealthyNowMD in HealthyNowMD shall be instituted in the U.S. federal courts or the courts of the State of Arizona, in each case located in Maricopa County, and you and we irrevocably submit to the exclusive jurisdiction of such courts. Service of process, summons, notice or other document sent by mail to either party’s address (as indicated in the “Notices” paragraph below) shall be effective service of process for any suit, action or other proceeding between you and us.
Entire Agreement. This Agreement, together with our Privacy Policy located at www.HealthyNowMD.com constitutes the entire agreement between you and us with respect to your members – HealthyNowMD in HealthyNowMD and supersedes all other statements, writings, understandings, or agreements, whether oral or written.
Changes to Agreement. If we both agree to change the terms of this Agreement, we can do so only by entering another agreement that amends or replaces this one, which is either signed (by hand) by both parties, or entered using the same electronic method as used to enter this Agreement. However, notwithstanding the foregoing, upon the enactment of any law or regulation, or any order or direction of any governmental agency affecting this Agreement, we may, by written notice to you via email, or by posting notice to all members on our website at www.HealthyNowMD.com, amend this Agreement in such manner as we determine necessary to comply with such law or regulation, or any order or directive of any governmental agency. If our changes would increase your payments under this Agreement, or reduce your benefits as a member, or reduce any of your rights under this Agreement, then you can terminate this Agreement within ten (10) days of such change by giving us written notice of your termination, and you will receive a pro rata (calculated on a 30-day month) refund of any monthly fees you may have pre-paid for timer periods after (i) the date the changes to the Agreement become effective, or (ii) the date we receive your notice, whichever is later. All of your of members – HealthyNowMD benefits will stop on that same date. If you do not terminate this Agreement within the ten (10) day period referenced above, then you will be deemed to have agreed to the changes. You understand that changes to this Agreement will change the amount charged to your credit card or pulled from your bank account on a monthly basis.
No Waivers. No waiver by you or by us will be binding unless it is set forth in a writing signed by the waiving party. Just because you or we may fail to exercise one or more of our rights under this Agreement does not mean that you or we have waived our rights to do so; and even if waived in a properly signed writing, waiving a right one or more times cannot be interpreted as an ongoing waiver of the same right or any other right. For example, if you have failed to pay your monthly fees, but your PROVIDER still agrees to see you, you cannot interpret his/her willingness to see you as a waiver of your responsibility to pay, nor as an ongoing obligation of HEALTHYNOWMD or your PROVIDER to continue providing services.
Assignment. This Agreement may not be transferred or assigned by you without our prior written permission, and any transfers or assignments inconsistent with this section shall be null and void. This Agreement may be transferred or assigned by us, in whole or in part, without your consent to one of our affiliates or to an entity that acquires all or substantially all of our business or assets, whether by merger, reorganization, acquisition, sale, or otherwise.
Successors. This Agreement is binding upon the Parties, their lawful successors, and permitted assigns.
Execution. The Parties have agreed that this Agreement will be deemed approved, accepted, agreed to, executed, and delivered when you click the “I have read and agree to the HealthyNowMD Membership Agreement” button on our website. In addition, you are accepting this Agreement on behalf of your spouse/partner and all minor dependents for whom you are registering.
No Third-Party Beneficiaries. No other person or entity that is not a party to this Agreement will have any equitable or other rights or obligations by virtue of this Agreement, as a third-party beneficiary or otherwise.
Severability. Each provision of this Agreement is severable and the invalidity of any part or section shall not affect the enforceability of the remainder.
Notices. Notices sent under this Agreement will be deemed to have been given (i) when received by the addressee if sent by a nationally recognized overnight courier; or (ii) on the third day after the date mailed by certified mail; or (iii) on the third day after such notice is sent by email. We will send notices to you at the address or email you provided to us when you signed up for our services. You can update your address or email at any time by emailing us at membersHealthyNowMDservices@HealthyNowMD.com. When you send notices to us, you must send them to HealthyNowMD by email to message@HealthyNowMD.com.
