Self-Pay Program

Subscriber (Lab/Rad)

Terms and Conditions

  1. Language. The references to “end-user participant”, “end-user” or the like herein means end-consumer/patient users, and, as applicable, their employers, self-funded health benefit plans/programs, plan administrators, private and governmental third party payors, unions, discount medical plan organizations and other third parties which contract with us to seek services/testing for and on behalf of themselves and their employees/clients/members/owners (and otherwise) from our online network of subscriber radiology and clinical laboratory providers (including you) willing to accept payment on a self-pay basis. References to “including” mean “including, without limitation” unless otherwise expressly stated. The headings used herein are for convenience of reference only and do not define or limit the interpretation of any provisions hereof. “App” means our website and mobile app.
  2. How it Works.
    1. Payments from end-user participants may be in two (2) parts: (i) your self-pay price for your booked service or test (Service Charge), and (ii) at any time that we elect, our fee to the end-user participant for their use of our App to book a self-pay service or test (Convenience Fee). You cannot change your Service Charge for an end-user once the service or test is booked. We can change our Convenience Fee at any time for services and tests not yet booked.
    2. You must transmit the result to the end-user participant through our App using the technology we provide as a condition of release of payment of the Service Charge to you. AS SUCH, YOU ARE ONLY ENTITLED TO YOUR SERVICE CHARGE IF AND AT SUCH TIME THAT YOU UPLOAD THE TEST RESULTS/IMAGE (AND ANY PROFESSIONAL INTERPRETATION, I.E., READ) ON LABFINDER.
    3. The set Service Charge fees for self-pay you agree to accept as payment in full are set by you. However, our own default rate will be listed until you provide or amend such rate.
    4. If your service or test is billed in several parts or from different sources, the total Service Charge will nevertheless add up to the agreed upon fixed Service Charge.
    5. There will be no hidden fees or surprise charges from you beyond such Service Charge payment entitlement.
    6. You will hold the end-user participant and us harmless from and against any attempt (successful or otherwise) by a third party to collect any excess amounts resulting in additional payment obligations by the end-user participant beyond the total Service Charge accepted by you at the time of booking (Note: This does not apply to amounts owed to us by the end-user participant).
    7. You agree that the booked Service Charge will be honored even in the event of rescheduling of the service or test, provided it has been paid for in advance to us or the credit card merchant or associated financial institution at the time of booking.
    8. The first (1st) copy of the imaging and test (and the professional interpretation, i.e., the read, of imaging) is included in and deemed a part of the Service Charge you accept from the end-user participant. You may, however, charge the patient additional copying charges in excess of the first copy, consistent with applicable law and regulation.
    9. We may modify fee structures for Service Charges owed to you by end-user participants at any time. We will do so by posting the adjusted structure in your account or through other messaging to you through the App or by e-mail.
    10. UNLESS OTHERWISE AGREED TO BY US IN ADVANCE, BECAUSE YOU ARE LOCKING IN A SELF-PAY PRICE RATE FOR THE SERVICE OR TEST, YOU REPRESENT, WARRANT AND COVENANT THAT YOU WILL NOT SUBMIT ANY BILLS OR CLAIMS FOR PAYMENT OR REIMBURSEMENT TO ANY PRIVATE OR GOVERNMENTAL PAYOR OR CARRIER FOR THE SELF-PAY SERVICE RENDERED THROUGH THE USE OF OUR APP.
    11. Please further note, however, that the Service Charge you charge to and accept from end-user participants using the App will be offset (i.e., reduced) by any interest, offsets, fees, or charges you or the end-user pays to any credit card merchant, company or vendor we use to engage in the processing of payment for transactions. You cannot additionally charge the end-user participant to make up for such offset.
    12. We disclaim all liability with regards to any fees, charges, or problems you have with third-party payment processors including, without limitation, online merchant services. You agree to accept and comply with all terms and conditions required by such third party online merchant vendor.
    13. You acknowledge and agree that you are solely responsible for ensuring payment of all applicable sales and other taxes to governmental authorities and are not entitled to charge or collect any additional amounts from us or end-user participants on top of the self-pay rates herein.
  3. Cancellation and Refund Policy.
    1. There are currently no refunds available to the end-user participant of our Convenience Fee. You are solely responsible for settling any refunds of your Service Charge.
    2. Cancellation and refund policies are at all times subject to change by us.
    3. If you accept and cancel bookings on an excessive basis as we determine in our sole discretion (without regard to our treatment of other subscribers), then we reserve the right to immediately terminate your participation in the self-pay program.
  4. Non-Circumvention. Any testing/services requested by or on behalf of end-user participants using our App shall be scheduled via us on our App only and paid only via our App using the credit card merchant services or other mechanisms we select and arrange for. You will not cancel a booking and then re-establish the self-pay agreement with the end-user outside of our App program, as all test results booked through our program must be transmitted through our App using HIPAA compliant mechanisms we provide. We and our designated representatives may audit those relevant records of yours as reasonably necessary to verify compliance with the foregoing clause, including following termination.
  5. Acknowledgements and Disclaimers.
    1. WE ARE ONLY OBLIGATED TO MAKE A COLLECTION ATTEMPT ONCE AT THE TIME OF BOOKING, THROUGH A THIRD-PARTY MERCHANT (I.E., CREDIT CARD PROCESSOR, OR OTHERWISE) THAT WE MAKE AVAILABLE ON THE APP AT THE TIME OF BOOKING.
    2. We are an online directory service and technology platform.
    3. We are not a billing company or a collection agency, and you expressly acknowledge and agree that we will not provide a level of service, guarantee of receipt of payment or any standard of care ordinarily expected of a claim, billing and/or collection agent.
    4. We are not an insurance company, benefit plan or third party administrator and are not determining any end-user participant’s eligibility to receive benefits under any third party payor program or plan; and, for purposes of the Employee Retirement Income Security Act of 1974 (“ERISA”) or any equivalent or similar other state or federal laws/regulations that may be applicable, we shall not be deemed the “administrator” or “named fiduciary” of any benefit program or plan.
    5. As such, we will never be liable to you for the amounts owed by end-user participants, even if the Service Charge is later disputed and even if we agree to have you invoice us for the amounts owed by end-user participants as a courtesy.
    6. Payment to you via our App or otherwise from us is only available from the amounts actually in our possession or control through the initial billing attempt at the time of booking (even if we elect as a courtesy to follow-up with the end-user on your behalf at a later date regarding any dispute or non-payment).
    7. We will not be required to file any claims on your behalf, mail or otherwise transmit any invoices to end-users, perform collection efforts, engage in successive billing attempts, or make payment inquiries after the booking.
    8. We will not be handling any disputes with any end-user participants or any third-party making payment on their behalf (i.e., their credit card company), whether regarding payment or otherwise. You are solely responsible for resolution of any disputes including those relating to the provision of testing, care and refunds for your services and testing.
    9. You are solely responsible and liable for compliance with all applicable Federal and State laws and regulations and third-party payor requirements (private and governmental) governing self-pay billing and collection, including those relating to advance disclosures and consents.
    10. Accordingly, you will indemnify, defend, and hold us harmless from and against any claims, actions, investigations, audits, fines, penalties, interest, and liabilities associated with your provision of testing and services and self-pay payment practices, as well as with regard to any refunds and disputes, including for costs and reasonable attorneys’ fees incurred by us. You will notify us in the event of any complaint, allegation, action or dispute with any end-user participant or the third-party making payment on their behalf, along with a detailed description and copy thereof (including any material correspondence or filed actions). We may attempt to assist in resolution of the dispute, but that is pure courtesy and does not impose any obligation or responsibility on us. The foregoing indemnity and notice obligations survive termination of your agreement with us and/or participation in this self-pay program.
  6. Limitation of Liability. WE ARE NEVER LIABLE TO YOU FOR ANY INTEREST, OFFSETS, FEES, OR CHARGES YOU PAY (OR FORFEIT) TO ANY CREDIT CARD MERCHANT, FINANCIAL INSTITUTION, COMPANY OR VENDOR WE USE TO ENGAGE IN THE PROCESSING OF PAYMENT FOR TRANSACTIONS HEREIN. WE ARE NEVER LIABLE FOR ANY DISPUTES OR CANCELLED PAYMENTS INSTITUTED AGAINST YOU BY END-USERS. YOU WILL LOOK SOLELY TO SUCH END-USERS AND THEIR CREDIT CARD COMPANY (AS APPLICABLE) TO RESOLVE ANY SUCH DISPUTES, AND YOU ARE SOLELY RESPONSIBLE FOR REFUNDS RELATING TO YOUR SERVICE CHARGE. This Section 6 shall survive termination of your agreement with us and/or participation in this self-pay program.
  7. This can be executed by you through any electronic means, whether by electronic signature or other affirmative indication of agreement (e.g., without limitation, clicking or check-marking agreement). You represent and warrant that the individual agreeing to these terms has the authority to bind you, and we are in any event relying upon such action of agreement in allowing you to participate in the program fully subject to these terms.