Welcome to HIPnation! We are excited to have you join our community where patients are first. Below you will find a Membership Agreement that is required of HIPnation 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. If you have any questions or concerns, please reach out to us at email@example.com.
Last modified: October 25, 2017
HIPnation-PrimaryCarePlus Membership Agreement
This HIPnation-PrimaryCarePlusSM Membership Agreement (this “Agreement”), is between you and HIP Management Georgia, LLC (“HIP,” “we,” “us” or “our”), a Georgia limited liability company.
We, through an arrangement with HIP Medical Georgia, LLC (“HIP Medical”), agree to provide HIPnation—PrimaryCarePlusSM on the terms and conditions set forth in this Agreement, which will become effective when (i) you have completed the HIPnation-PrimaryCarePlusSM sign-up process and clicked the “I AGREE” button, and (ii) we have received your first payment due hereunder.
BY CLICKING THE “I AGREE” BUTTON, YOU AGREE TO ENTER INTO THIS AGREEMENT ELECTRONICALLY AND TO ABIDE BY ITS TERMS. BY CLICKING THE “I AGREE” BUTTON, YOU ALSO REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD.
Your Membership Rights and Privileges
Patient-Centered Home. As a member of HIPnation-PrimaryCarePlusSM, you are a part of a patient-centered medical home delivery system. This does not mean, however, that care is provided at your home. This means that the relationship-based care you will receive as a member will be patient-centered, accessible, continuous, comprehensive, team-based, coordinated, compassionate, and focused on quality, safety, and health improvement. By focusing on you and your unique needs and preferences, the healthcare professionals of HIP Medical will work to improve the quality, effectiveness, and efficiency of your care.
Access to Your Team of HIP Medical Service Providers. As a HIPnation-PrimaryCarePlusSM member, you will have 24/7 access to a HIP Medical primary care physician (your “PCP”) who is part of a larger team of medical service providers at HIP Medical. Your PCP will get to know you and will be dedicated to spending time with you as a partner in your overall care. Your PCP, and the office team of which he/she is part, want to work together to improve your overall health, well-being, and satisfaction. Your PCP has access to a network of specialist physicians who are available to assist and support him/her. Your PCP will take responsibility for providing for your primary healthcare needs and for arranging care, when needed, with other medical professionals associated with HIP Medical or otherwise.
New Technologies. We will 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 the cell number for your PCP, and you may communicate with him/her using tools not normally available to patients in an insurance-based system.
Specialists and Low Cash-Based Rates. When your circumstances require specialized care, your PCP will 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. Because you are a member of HIPnation-PrimaryCarePlusSM, you will have access to low rates not available to non-members.
Ancillary Services. When you need ancillary services, such as lab work, imaging services, or pharmaceuticals, 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.
Seeing your PCP. We encourage you to contact your PCP often and to see him/her whenever needed. As a membership-based delivery model, all of your interactions with your PCP are provided as part of your monthly membership fee. There are no co-pays for your PCP visits. We believe that more interactions with your PCP can help you become healthier and stay healthier.
Payment of Your Membership Fees. At the beginning of each membership month, you must pay your membership fee for that month. Once paid, you will have access to the HIPnation-PrimaryCarePlusSM program for that month, and so your monthly fee is not refundable. If we do not receive payment from you on or before the tenth (10th) day of each month during your membership, your membership may 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 you need assistance in setting up an automatic payment process, our team members are available to discuss automatic draws or automatic charges on credit cards if that would be helpful to you. Once you have set up an automatic payment process or have given us permission to charge your credit card on a monthly basis, we will draw or charge your payment within the first ten (10) days of each month until this Agreement is terminated.
Payment for Specialists and Ancillary Services. HIP Medical provides primary care healthcare or medical services. We connect you to your primary care provider and his/or office teams as part of a direct pay primary care monthly membership program. When your care requires specialists and ancillary services, we help schedule such services, whenever possible, with outside providers with agreements with us. When you need such services, you will be required to pay low cash-based rates requested by needed specialists and ancillary service providers when you receive their services. These payments will be made directly by you to those outside of your PCP’s office. If you choose to purchase care from physicians and providers participating in our HIPnationSM system, the rates paid to such physicians and service providers will be lower than otherwise would be the case. If you choose to see specialists or receive ancillary services from those not participating in our HIPnation system, your costs could be much higher.
Consider Additional Insurance Products. HIPnation-PrimaryCarePlusSM membership 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 ahead for times when your health requires more than great primary care, we have special relationships with third-party providers of various insurance products to compliment your HIPnation-PrimaryCarePlusSM membership. We strongly encourage all our members to consider the additional insurance products as discussed more fully at www.hipnation.com. Membership in HIPnation-PrimaryCarePlusSM does not guarantee issuance of any additional insurance products.
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, and places an “individual mandate” on United States citizens to obtain certain forms of health insurance. The HIPnation-PrimaryCarePlusSM 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. But because the HIPnation-PrimaryCarePlusSM is not insurance, it is our opinion that membership in HIPnation-PrimaryCarePlusSM alone does not satisfy the individual mandate of the ACA requiring everyone to have insurance. It is our opinion, however, that, when offered as part of membership in an association or group of employers, HIPnation-PrimaryCarePlusSM membership allows individuals to satisfy the ACA’s individual mandate. We provide our members the opportunity to participate in an association at https://www.hipnation.com/. Nevertheless, in light of challenges in interpreting and complying with the ACA, we suggest that members consider their unique circumstances and what is best for them in terms of ACA compliance. We also believe that HIPnation-PrimaryCarePlusSM, paired with an insurance product available from one of our suggested third-party providers, will satisfy the individual mandate of the ACA. We also believe that we are offering and delivering a patient-centered medical home for our members, which is encouraged by the ACA. 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 HIPnation-PrimaryCarePlusSM offer services such as colonoscopies, immunizations, other diagnostic and preventative care products and services for low cash-based rates to our members. ACA insurance plans offering “free” access to such additional services and products charge high monthly premiums to cover high charges for such products and services. In an effort to keep costs down, we designed a less expensive delivery option for you. You may, however, pay more per month for certain additional preventative measures as discussed more fully below.
Prepayment. If you wish to pre-pay for additional products and services (such as a colonoscopy after age fifty), we can design a special prepayment program for you. If you decide to participate in a prepayment program, you will be required to pay higher monthly fees and sign a longer-term contract. For example, if a male member aged fifty or more years old wishes to prepay for a colonoscopy as a preventative measure, his monthly membership fee would be increased from $100 per month to $150 per month and he would be required to sign a twenty-four (24) month contract with us. Otherwise, the member can pay cash at the time of the colonoscopy. Either way, our cash-based system for our members is designed to be more affordable for you (and your family) than paying high insurance premiums, co-payments, and deductibles for your care. If you desire to select a prepayment option at any time during the Term of this Agreement, you should contact us at firstname.lastname@example.org, and we will assist you.
Terms and Termination
Term of Membership. Your membership rights, privileges, and obligations begin immediately when you sign-up for membership in HIPnation-PrimaryCarePlusSM and we receive your first month’s payment. This Agreement (and thus your membership) will be for an initial period of six (6) months, after which time this Agreement (and your membership) will continue on a month-to-month basis, unless and until it is terminated per the terms below. (The reason for the six (6) month initial period is to prevent unscrupulous individuals from simply joining for a few months only to receive urgent care, then promptly canceling their membership.)
Termination. Either party may terminate this Agreement at any time after the first six (6) months for any reason at all, or for no reason, by giving notice to the other party, without penalty or liability for such termination. If notice is given within the first ten (10) days of the month, then you must still pay the fee for that month, and termination will be effective at the end of that month. If notice is given after the first ten (10) days of the month, then you must still pay the fee for that month and the following month, and termination will be effective at the end of the following month. In other words, there will be no “partial” months of membership under this paragraph. You will continue to have access, at your option, to all member services until such termination takes effect; and you agree that you will make all required payments for months during which you are a member. (See also “Changes to Agreement” below for other circumstances allowing termination.)
Limitations on Liability. NEITHER YOU, ON THE ONE HAND, NOR HIP OR HIP MEDICAL, ON THE OTHER HAND, WILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, PUNITIVE (but not with respect to HIP Medical) 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 PCP, (ii) any of the healthcare or medical professionals to which you gain access as a member of HIPnation-PrimaryCarePlusSM, or (iii) by any third-party providers of insurance products, regardless of whether we have a contractual relationship with them. Any legal rights you may have against those people or entities would be separate and apart from this Agreement. Your PCP is a member and agent of HIP Medical Georgia, and all primary care is provided through HIP Medical GA. HIP is a management services entity that contracts with HIP Medical for primary care healthcare services to HIPnation-PrimaryCarePlusSM members.
You also agree that you will look only to HIP or HIP Medical (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 HIP 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. HIPNATIONSM 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 HIP of any material term of this Agreement. Please understand that we cannot guarantee that your participation in HIPnation-PrimaryCarePlusSM and your purchase of services and products from our partners gives rise to full compliance with the ACA individual mandate requirement. Any such compliance issue or challenge will not give rise to indemnity obligations on our part.
You will indemnify, defend and hold harmless HIP and HIP Medical 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 HIP, your PCP, 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 Georgia, 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 membership in HIPnation-PrimaryCarePlusSM shall be instituted in the U.S. federal courts or the courts of the State of Georgia, in each case located in Gwinnett 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.
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.hipnation.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 membership 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.
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 PCP 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 HIP Medical or your PCP 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 a you click the “I ACCEPT” button on our website. In addition, you are excepting 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 by emailing us at email@example.com. When you send notices to us, you must send them to HIPnation Operations & Solutions LLC, 2500 Old Milton Pkwy, Ste. 210, Alpharetta, GA 30009, or by email to firstname.lastname@example.org.