RxCoverageWatch Service Agreement
DRAFT for legal review. Bracketed items are open for RxHealing's counsel to complete.
This Service Agreement ("Agreement") is between RxHealing LLC, an Indiana limited liability company doing business as RxCoverageWatch ("RxHealing"), and the pharmacy identified during account registration ("Pharmacy"). It is effective when Pharmacy's authorized representative accepts it electronically.
1. Services
RxHealing provides RxCoverageWatch, a web-based service that automatically checks the insurance eligibility of Pharmacy's existing patients on a monthly schedule set by RxHealing, alerts Pharmacy to coverage changes, and, if Pharmacy adds patient outreach, contacts patients on Pharmacy's behalf to obtain updated insurance information (the "Services"). Additional checks outside the monthly schedule are available through prepaid credits.
2. Plans, Fees and Money-Back Guarantee
- Fees are charged per pharmacy location (one NPI). The monthly fee is based on the number of active patients Pharmacy selects at checkout, plus any add-ons, as shown at checkout. Fees are billed monthly in advance, beginning on the date Pharmacy subscribes. Each location requires its own subscription; Pharmacy will not use one location's account for another location.
- Pharmacies that subscribe on or before [December 31, 2026] receive launch pricing, a [20%] discount applied to the monthly fee for the first [12] months. After that period, the then-current list price applies.
- If Pharmacy cancels within [30 days] of its first payment, RxHealing will refund that first payment in full on request. [Counsel to confirm terms.]
- Payments are processed by Stripe. RxHealing does not store full card numbers.
- Fees are flat and are not based on the number of patients checked, claims filed, prescriptions filled, or any reimbursement Pharmacy receives.
3. Term and Cancellation
This Agreement is month to month. Pharmacy may cancel at any time, effective at the end of the current billing period. RxHealing may suspend Services for non-payment or for a material breach not cured within [10 days] of notice.
4. Pharmacy Responsibilities
- Pharmacy represents that it has the authority to share its patients' information with RxHealing for the Services, and that the individual accepting this Agreement is authorized to bind Pharmacy.
- Pharmacy will upload only information about its existing patients, and keep that information reasonably accurate.
- Where RxHealing texts or calls patients on Pharmacy's behalf, Pharmacy represents that it has obtained any consent required by law for those communications.
- Pharmacy remains responsible for its billing decisions and for verifying coverage at the time of dispensing.
5. Permitted Use
Eligibility checks are run only for Pharmacy's existing patients, for billing and coverage purposes. Neither party will use the Services or their results for marketing, plan selection or solicitation. The Business Associate Agreement between the parties governs all protected health information and controls in the event of any conflict with this Agreement.
6. Data
Pharmacy owns its patient data. On termination, RxHealing will return or delete Pharmacy's data as described in the Business Associate Agreement.
7. Disclaimers and Limitation of Liability
Eligibility results come from third-party health plans and clearinghouses. RxHealing does not guarantee that results are complete or error-free, or that any claim will be paid. [RxHealing's total liability under this Agreement is limited to the fees Pharmacy paid in the [12] months before the claim.] Neither party is liable for indirect or consequential damages. [Counsel to finalize.]
8. General
This Agreement, together with the Business Associate Agreement, is the entire agreement between the parties about the Services. It is governed by Indiana law. Electronic acceptance, including the typed name of Pharmacy's authorized representative, constitutes a valid signature. [Counsel to confirm.]