Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and ABM Management Services ("ABM," "we," "us," or "our") governing your use of our medical billing services and website.

By engaging our services or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services or website.

Services Provided

ABM provides comprehensive medical billing and revenue cycle management services, including but not limited to:

• Medical billing and coding
• Claims submission and processing
• Insurance verification and credentialing
• Accounts receivable management
• Denial management and appeals
• Patient billing and collections
• Reporting and analytics

Specific services provided to each Client are detailed in the individual Service Agreement executed between ABM and the Client.

Service Agreement

Engagement Terms

• Written Agreement: Services commence upon execution of a written Service Agreement between ABM and Client
• Term: Initial term and renewal periods are specified in the Service Agreement
• Scope of Services: Services provided are as outlined in the Service Agreement
• Fees: Service fees are based on a percentage of collections or other arrangements as specified

Client Responsibilities

Client agrees to:

• Provide accurate and complete patient information and documentation
• Submit charges and clinical documentation in a timely manner
• Maintain current provider credentials and licenses
• Respond promptly to requests for information
• Pay agreed-upon fees according to the payment schedule
• Notify ABM of any changes in practice information

ABM Responsibilities

ABM agrees to:

• Provide services with reasonable skill and care
• Maintain HIPAA compliance and protect PHI
• Submit claims accurately and in a timely manner
• Follow up on unpaid claims and denials
• Provide regular reports on billing activities
• Maintain appropriate business associate agreements

Fees and Payment

Service Fees

• Service fees are calculated as specified in the Service Agreement
• Fees are typically based on a percentage of collections or flat monthly rates
• Payment is due according to the schedule outlined in the Service Agreement
• Late payments may incur interest charges as permitted by law

Additional Charges

• Credentialing fees may apply for new provider enrollment
• Setup fees may apply for initial implementation
• Additional services outside the scope of the agreement may incur separate charges
• All fees and charges are outlined in the Service Agreement

Compliance and HIPAA

Business Associate Agreement

ABM acts as a Business Associate under HIPAA. A separate Business Associate Agreement (BAA) is executed with each Client, which includes:

• Permitted uses and disclosures of PHI
• Security and privacy safeguards
• Breach notification requirements
• Termination provisions

Regulatory Compliance

ABM maintains compliance with:

• Health Insurance Portability and Accountability Act (HIPAA)
• Health Information Technology for Economic and Clinical Health Act (HITECH)
• Fair Debt Collection Practices Act (FDCPA)
• Federal and state billing regulations

Limitation of Liability

No Guarantee of Results

ABM does not guarantee specific collection amounts or claim approval rates. Actual collections depend on many factors including payer policies, patient responsibility, and accuracy of documentation.

Limitation of Damages

To the maximum extent permitted by law:

• ABM's liability is limited to the fees paid by Client in the 12 months preceding the claim
• ABM is not liable for indirect, consequential, or punitive damages
• ABM is not liable for losses resulting from Client's failure to provide accurate information
• ABM maintains professional liability insurance as required

Indemnification

Client agrees to indemnify ABM against claims arising from:

• Inaccurate or incomplete information provided by Client
• Client's violation of applicable laws or regulations
• Client's breach of the Service Agreement

Termination

Termination by Either Party

• Either party may terminate the Service Agreement with written notice as specified
• Notice period is typically 60-90 days as stated in the Service Agreement
• Client remains responsible for fees earned through the termination date

Termination for Cause

Either party may terminate immediately for:

• Material breach of the agreement not cured within 30 days
• Bankruptcy or insolvency proceedings
• Violation of HIPAA or other applicable laws

Post-Termination

• ABM will provide transition assistance as outlined in the Service Agreement
• Client records and data will be returned or destroyed as directed
• Client must pay all outstanding fees and charges
• Confidentiality obligations survive termination

Intellectual Property

• ABM retains all rights to its proprietary systems, software, and methodologies
• Client data remains the property of the Client
• ABM may use de-identified data for quality improvement and benchmarking
• Neither party may use the other's trademarks without written permission

Confidentiality

Both parties agree to:

• Maintain confidentiality of proprietary and confidential information
• Use confidential information only for permitted purposes
• Protect confidential information with appropriate safeguards
• Return or destroy confidential information upon termination

Confidentiality obligations survive termination of the Service Agreement.

Dispute Resolution

Good Faith Negotiations

Parties agree to attempt to resolve disputes through good faith negotiations before pursuing other remedies.

Mediation

If negotiations fail, parties agree to attempt mediation before litigation.

Governing Law

These Terms and Service Agreements are governed by the laws of the State of Arizona, without regard to conflict of law provisions.

Venue

Any litigation shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona.

Website Use Terms

Acceptable Use

You agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorized access to systems or data
• Interfere with or disrupt the website or servers
• Transmit viruses, malware, or harmful code
• Collect information about other users without consent

Website Content

• Content is provided for informational purposes only
• Content does not constitute medical, legal, or financial advice
• ABM reserves the right to modify or remove content at any time
• Links to third-party websites are provided for convenience only

Modifications to Terms

ABM reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Material changes to existing Service Agreements require written consent from both parties.

Continued use of our website after changes constitutes acceptance of the updated Terms.

Miscellaneous Provisions

Entire Agreement

The Service Agreement, along with these Terms and the Business Associate Agreement, constitutes the entire agreement between the parties.

Severability

If any provision is found to be unenforceable, the remaining provisions remain in full force and effect.

Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Assignment

Neither party may assign the Service Agreement without written consent, except ABM may assign to a successor or affiliated entity.

Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control.