Clear Claim Connection (C3) - Professional

Pass Through Terms And Conditions (Clear Claim Connection)

All agreements between Customer and Providers must include the following pass-through terms and conditions or language substantially similar to the language below, as approved by Change Healthcare. Change Healthcare shall notify Customer via Documentation updates of any required revisions to the pass-through terms and conditions due to updates and other third party requirements; upon receipt of this notice, Customer shall promptly revise its pass-through terms accordingly.

Customer licenses a code auditing reference tool for use through the Web ASP Services that enables Customer to disclose its code auditing rules and associated clinical rationale to Providers. Customer provides access to such ASP Services to its Providers subject to the terms and conditions contained in this Agreement, which may be updated from time to time at Customer’s or its licensors’ sole discretion without notice.

Provider’s right to access and use the ASP Services is non-transferable, nonexclusive, and for the sole purpose of internal use within the United States.

Provider shall limit access to the ASP Services to (i) employees of Provider and (ii) only to the extent necessary to request the outcome of specific code combinations that Provider proposes to submit to Customer regarding billing activity; and/or to request information about submitted code combinations to evaluate the results of claims activity from Customer only as related to Provider’s practice management.

Provider shall protect the confidentiality of the information contained in and provided by the ASP Services and that it has access to in this website, by using at least the degree of care and security it uses to protect its own confidential information. Provider acknowledges and agrees that any unauthorized disclosure or distribution of the confidential information may result in irreparable injury to Customer or licensor(s), entitling the injured entity to obtain immediate injunctive relief in addition to any other legal remedies available.

Provider shall not modify, translate, decompile, disclose, create nor attempt to create any derivative work of the ASP Services.

Provider acknowledges that the ASP Services are in no way intended to prescribe, designate or limit medical care to be provided or procedures to be performed. Provider accepts responsibility for and acknowledges that it will exercise its own independent judgment in its use of the ASP Services and will be solely responsible for such use. Provider shall indemnify and hold Customer, and its affiliates, officers, agents, licensors or other partners, and employees, harmless from any claim, demand or damages, including reasonable attorneys' fees, arising out of Provider’s use of the ASP Services, or from its violation of the intellectual property rights or confidentiality obligations contained in this Agreement.

Provider acknowledges that the ASP Services incorporates the CPT terminology developed and copyrighted by the American Medical Association (AMA) and CDT terminology developed and copyrighted by the American Dental Association (ADA). The CPT codes and terminology and the CDT codes and terminology are provided pursuant to licenses granted by the AMA and ADA respectively, and Provider’s access to updated versions of such terminology depend on Customer or its licensor’s continuing contractual relations with the AMA and ADA. AMA and ADA reserves the right to modify the CPT, and CDT codes respectively at any time.

Provider acknowledges that the ASP Services, CPT terminology, and CDT terminology respectively, including all applicable rights to patents, copyrights, trademarks and trade secrets inherent therein and appurtenant thereto, is the sole and exclusive property of third parties, including Customer, the AMA and ADA, and other licensors, who h ave licensed such rights. Provider agrees that no rights in the ASP Services, CPT or CDT terminology are hereby conveyed to Provider except to the extent that Provider has the right to access and use the ASP Services.

THE ASP SERVICES AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, INCLUDING CPT AND CDT TERMINOLOGY, ARE PROVIDED TO PROVIDERS “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” CUSTOMER, ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT (i) WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE ASP SERVICES OR MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE ASP SERVICES OR WEBSITE, OR (ii) GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. In addition, Customer’s licensors will not by reason of Provider’s access to the ASP Services, the incorporation of the CPT, or CDT terminology in the ASP Services, or by any other reason, be deemed a party to this agreement, and Provider shall look solely to Customer for the performance of any obligations due Provider hereunder.

Customer has the right to modify or terminate Provider’s access to the ASP Services at any time or for any reason, including but not limited to Provider’s violation of any terms of this Agreement.

CPT copyright 2015 American Medical Association. All rights reserved. Fee schedules, relative values, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. CPT is a registered trademark of the American Medical Association. Applicable FARS/DFARS Restrictions Apply to Government Use.

The responsibility for the content of any "National Correct Coding Policy" included in the ASP Services is with the Centers for Medicare and Medicaid Services and no endorsement by the AMA is intended or should be implied. The AMA disclaims responsibility for any consequences or liability attributable to or related to any use, nonuse or interpretation of information contained in the ASP Services.

U.S. Government Rights

The ASP Services include CPT which is commercial technical data and/or computer databases and/or commercial computer software and/or commercial computer software documentation, as applicable, which was developed exclusively at private expense by the American Medical Association, AMA Plaza 330 North Wabash, Suite 39300, Chicago, Illinois, 60611-5885. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a)(June 1995) and DFARS 227.7202-3(a)(June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (December 2007) and/or subject to the restricted rights provisions of FAR 52.227-14 (1987) and FAR 52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.