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Terms and Conditions
These Terms of Use (“Terms”) apply to all non-enterprise users of the MAG Services (“Services”). If you are an enterprise user, the Services Agreement between you and MAG governs your use of the Services rather than these Terms.
These terms of use (these “Terms”) apply to visitors of MAG (“we” “us” or “our”) websites located at www.magroupservices.com (our “Site”) as well as registered users of our MAG DASHBOARD®- and MAG®-branded information and technology services accessible through the Sites and related mobile applications (our “Services”). Please review these Terms carefully. Please also review our MAG Privacy Policy , respectively, which describe how we and our partners collect, use, and share certain information when you use our Services. By accessing our Services, you are agreeing to these Terms and the applicable privacy policy.
1. DESCRIPTION OF THE SERVICES TO BE PROVIDED.
A.MAG DASHBOARD-The physician portal includes the following in section 1.1, 1.1.1, 1.1.2, 1.1.3
1.1 RAFMAGTOOL - Accessible tool to help our customers to achieve the correct codification and documentation.
1.1.2 QUESTIONNAIRES- The dashboard contains forms for taking consent and evaluating the patient. Any extra form will have an additional cost separately.
1.1.3 CALCULATORS- The portal includes medical calculators to facilitate the diagnosis of high impact conditions to the Raf score.
If the client want the MAG DASHBOARD, the client need to fill out a MAG DASHBOARD Subscription Agreement.
B. CODIFICATION SERVICE- Through the codification service the client has the opportunity to have a real projection of Raf score for each Medicare Advantage Patient. Also, with this service the doctor can use the codes suggested and achieve a real Raf score for each patient. This service includes the following:
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Upload all codes of each Medicare advantage patient to MAG dashboard.
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Debug: Delete common erroneous codes found in databases and replace them with the correct ones.
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Optimize: Add codes that are justified between the same code data, in medicines, images or laboratories
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Suggestion note: suggestions for the doctor about each patient, if applicable.
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If the client want the codification service, the client need to fill out a codification agreement and a MAG DASHBOARD Subscription Agreement.
2. SECURITY
MAG provides a portal with private access by client. Each client's database is located in a cloud HIPAA compliance and will be shared with their clients. Through these security measures, MAG offers a safe service for its clients.
5. TRAINING
Dashboard training is done remotely. The training is limited to 4 people. Training more than 4 people has an additional cost.
6. CUSTOMER SERVICE
MAG will provide technical assistance Monday through Friday from 8:00 am - 5:00 pm limited to the use of MAG tools. All kinds of technical problems external to MAG tools must be resolved by each customer's technician. The problems in which MAG is not responsible for responding can be: internet connection, viruses, obsolete computers, hackers, etc.
7. COPYRIGHT AND LEGAL RESPONSIBILITY NOTE
Regarding the intellectual property of the tools created by MAG, they are copyrighted and may not be copied, displayed, distributed, downloaded, licensed, modified, published, reproduced, reused, sold, transmitted, used to create a derivative work, or used for public or commercial purposes without authorization from MAG. MAG customers who have access to the tools through a membership have the right to only use the tools for administrative purposes related to their medical office. Any activity external to these terms, together with your User Agreement(s), by the client to generate income is considered as a violation of MAG's intellectual property policies.
8. USE OF INFORMATION
The purpose of the portal services is to store your patient information (i) make it available to you and your authorized workforce for any administrative purpose of your operations; (ii) facilitate the categories of the diagnoses to be used strategically; and (iii) make medical practice more effective through automated tools.
We may use your information to prepare analyzes and reports, such as activity reports or quality metrics. The preparation of such reports may include the use of data from your health care operations. Such information will be made without disclosure of your health information under HIPAA.
9. LABOR FORCE
You may allow your authorized workforce to use the services on your behalf, subject to the terms, together with your User Agreement(s).
9.1 You will: train all members of your authorized workforce in the requirements of these terms, together with your User Agreement(s) and the policies and procedures related to their access to the portal, guaranteeing that they comply with those requirements.
9.2 You will: take appropriate disciplinary action against any member of your workforce who violates the the terms, together with your User Agreement(s).
9.3 You will: immediately notify the termination of employment of any member of your authorized workforce so that access to the portal is withdrawn for the purpose of not allowing employees to appropriate information.
10. COMPLIANCE WITH LAW
You acknowledge that we will not share your information with third parties except if disclosure of your information is necessary to comply with a court order or other legal process.
11. PROFESSIONAL AND LEGAL RESPONSIBILITY
11.1 MAG is not responsible for the inappropriate use of passwords by its client that exposes the own security of its database. The database of each client is located in a cloud protected by security algorithms, it will be shared with its clients by users. Before MAG shares the tools, the client is requested to have an administrative GMAIL account with double security on Google. In this way, if anyone tries to access your information will receive a notification to your mobile device to authorize or not, access. The healthcare provider has full responsibility for taking preventive measures regarding the handling of their passwords.
11.2 MAG is not responsible for the inappropriate use of the tools by its clients regarding the doctor-patient relationship. These tools provide suggested information that the client will confirm to use or not to use according to their medical criteria or the service they provide. MAG is not responsible for fines of any kind, related to mishandling of codes and documentation by the healthcare provider. MAG is just a facilitator of automated tools that streamline and help the client optimize their practice. That is why the last word on the use of data is the total responsibility of the client, either for medical billing or attaching documents to their electronic record.
11.3 You hereby agree to indemnify, defend, and hold us, other users, free from any claim, cost or liability, including reasonable attorney fees arising in connection with: (a) the improper use of the services by you or your workforce; (b) any breach by you or your workforce of any representation, warranty contained in these terms, together with your User Agreement(s); (c) if the patient initiates a claim to the service provider for misuse of information.
11.4 Do not post any information that you know or have reason to believe to be false or materially inaccurate.
11.5 You and your workforce are fully responsible for the patient information you share. You or your workforce must not share patient information that violates any state or federal law. In any case, but especially in cases of possible fraud, misuse or abuse of the services, we reserve the right, at our sole discretion, to revoke, delete, cancel or deny access to the MAG portal.
12. PROVIDE MEDICAL DATA TO PAYERS AND OTHERS
You agree that we may provide health information to any medical group, physician association, health plan, or other organization with which you have a contract. Such information may identify you and may include aggregate data regarding your patients and diagnoses.
13. INVESTIGATIONS
You agree that we can use clinical data protecting the identity of your patients for investigations and receive remuneration from funding sources or sponsors.
14. COMPUTER SYSTEMS
You will ensure that your equipment, software, internet connection is compatible with the requirements of the portal. If it is not compatible MAG is not responsible for the malfunction of the tools. You will eliminate the incompatibility by updating your equipment so that the implementation of the services is the best.
15. THIRD PARTIES
MAG uses third-party services for the development of automated tools, website development, providing portal security and billing. That is why you should review the applicable terms of any agreement, terms of use and privacy policies of any third party service as they are not covered by these terms, together with your User Agreement(s).
16. FEES AND CHARGES
You will not pay us any fees during the portal preparation period. After the portal preparation period, we will charge you a service fee as set in these terms, together with your User Agreement(s). You agree to pay, at our current rates, for all services or otherwise request the services that you do not want to include in the standard service. We will notify you of the Service Fee after showing you proof of the portal through our sales representative. Miscellaneous services charges are not applicable to these terms, together with your User Agreement(s) and will be notified to the provider. We reserve the right to change the Service Fee. In that case, we will give you an advance notice of any changes and the opportunity to cancel.
17. LATE PAYMENTS AND CHARGES
Fees and any other charges must be paid within 10 days of being billed. When no payment is received in the established period, late fees will be charged. Fees not paid within ten (10) business days of the due date are subject to a late charge of five percent (5%) of the amount due and interest after the rate of one and a half percent (1.5%) ) per month on the outstanding balance, or the maximum amount allowed by law. The days of the expiration date may result in the termination of access to the services without prior notice.
18. TAXES AND OTHER CHARGES
18.1 If any tax fee is charged they will be exclusive of federal, state, municipal or other government taxes such as sales, use, occupational taxes currently in force or imposed in the future, and you agree to pay any taxes (excluding taxes on our net income) that are required to be collected or paid now or at any time in the future and that are imposed on the sale or delivery of items and services acquired under these terms, together with your User Agreement(s). If we do not charge any applicable tax or charge, you acknowledge that you are solely responsible for paying such tax or other charge.
18.2 You are responsible for the charges you incur to use the services such as charges for telephone, internet, equipment, and fees charged by external providers of products and services.
19. CONFIDENTIAL INFORMATION
You may not use any confidential information, except for the purposes described in these terms, together with your User Agreement(s). Except as otherwise provided in these terms, together with your User Agreement(s), you may not, without our prior written consent, at any time, during or after the Term of these terms, together with your User Agreement(s), directly or indirectly, disclose confidential information for any purpose. Additionally, it will take all the necessary measures to avoid unauthorized copying, use or disclosure through a scam, risk of having confidential information in the public or in the possession of unauthorized persons. You will disclose confidential information only to members of your workforce who are authorized to use it for the purposes of these terms, together with your User Agreement(s). You will notify us in writing of any improper disclosure, misappropriation, or misuse of confidential information by anyone. You agree that any improper handling by you or your workforce may cause monetary damages and you agree to compensate us for any such non-compliance. Consequently, you agree that we have the right to any other remedy available to us by law or in equity, the issuance of precautionary measures to enforce the provisions of this document, immediately and without the need to post a bond.
20. RESPONSIBILITY RELEASE
20.1 Transport lines. YOU ACKNOWLEDGE THAT ACCESS TO THE SERVICES WILL BE PROVIDED OVER SEVERAL FACILITIES AND LINES OF COMMUNICATION, AND THE INFORMATION WILL BE TRANSMITTED THROUGH LOCAL EXCHANGE AND INTERNET, TRANSPORTATION LINES OF BACKBONE AND THROUGH ROUTERS, INTERRUPTERS AND OTHERS TRANSPORTATION, MAINTAINED BY THIRD PARTIES, UTILITIES AND INTERNET SERVICE PROVIDERS, ALL OF THEM BEYOND OUR CONTROL, WE ASSUME NO RESPONSIBILITY FOR, OR IN CONNECTION WITH, THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION THAT IS TRANSMITTED ON THE LINES OF TRANSPORTATION, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION OR CORRUPTION OF ANY DATA ATTRIBUTABLE TO THE TRANSMISSION ON THE LINES OF TRANSPORT. USE OF THE POWER LINES IS ONLY AT YOUR RISK AND IS SUBJECT TO YOUR LOCATION, STATE LAW, FEDERAL, NATIONAL AND INTERNATIONAL LAW.
21. PROVISIONS OF HIPAA BUSINESS PARTNERS
In order to maintain, use and record access to your medical information in accordance with these terms, together with your User Agreement(s), we will do so in accordance with HIPAA requirements, as such requirements are based on guidance provided by the Department of United States Health and Human Services (or any office, department, or agency operating under it, "HHS"):
21.1 Do not use or disclose such information, except as permitted or required by these terms, together with your User Agreement(s)
or as required by law ( as that term is defined in 45 CFR §164.103);
21.2 Use appropriate safeguards in accordance with the requirements of the Security Rule with respect to your health information to prevent the use or disclosure of such information in a manner inconsistent with the provisions of these terms, together with your User Agreement(s);
21.3 Inform you of any use or disclosure of your health information not covered by these terms, together with your User Agreement(s) that we are aware of, including violations of your health Information that meets the definition of "protected health information" under HIPAA, in each case as required by HIPAA §164.410, and any security incidents (as defined by HIPAA) related to your health information that we are aware of;
21.4 Pursuant to HIPAA §§164.502 (e) (1) (ii) and 164.308 (b) (2), as applicable, ensure that any subcontractor that creates, receives, maintains, or transmits your information accepts the same restrictions , conditions, and requirements that apply to us with respect to such information (as such requirement is interpreted or applied in connection with or under HIPAA); and we obtain satisfactory assurances (as that term is interpreted or applied in connection with or under HIPAA) that such subcontractors will adequately protect such information (it being understood, for the avoidance of doubt, that other users of the services are not our subcontractors);
21.5 Make your health information available to you in compliance with your obligations under §164.524 of the Privacy Rule;
21.6 Make your health information available to you in compliance with your obligations to amend and incorporate any amendment to such information in accordance with section 164.526 of the Privacy Rule;
21.7 Maintain and make your health information available to provide an accounting of disclosures in accordance with §164.528 of the Privacy Rule;
21.9 Make our practices, books and internal records related to the use and disclosure of the Protected Health Information that we receive or create or receive on your behalf, available to the Secretary of HHS in order to determine your compliance with the privacy rule; and
21.10 Upon termination of these terms, together with your User Agreement(s), we will provide the Registry Provider with a copy of your Health Information in an electronic format that can be accessed through available hardware and software. You may have to purchase such hardware and software from third parties to access your data, and you may have to configure your systems to be able to use your data in practice. Upon termination of these terms, together with your User Agreement(s), all protected health information received from, or created or received by you on your behalf, will be returned or destroyed, and we do not retain copies of such information; Or, if such return or destruction is not feasible (whether for technical, legal, regulatory or operational reasons), extend the protections of these terms, together with your User Agreement(s) to the information in which it is returned or destroyed.
22. CONDITIONS OF NON-COMPLIANCE
If you have any questions about these terms, together with your User Agreement(s), you must inform us in writing to our email support@magpr.net specifying the nature of your question. After evaluating the detailed notification, we will notify you in writing that we will proceed diligently within a period of 30 days to resolve it.
23. OTHER USERS
YOU ACKNOWLEDGE THAT MAG HAS GIVEN YOU SECURE ACCESS TO THE PORTAL. ACCORDINGLY, WE ASSUME NO RESPONSIBILITY FOR OR IN CONNECTION WITH ANY IMPEDIMENT OF PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY OR RESTRICTED USE OF ANY INFORMATION IN THE SERVICES RESULTING FROM THE NEGLIGENT ACTIONS OF ANY USER.
24. UNAUTHORIZED ACCESS
Lost or corrupt data. WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES, OR EQUIPMENT BY PERSONS USING THE SERVICES OR UNAUTHORIZED ACCESS, ALTERATION, THEFT, CORRUPTION, LOSS, OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH SERVICES, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR, DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL RESULTS, AND FOR PROTECTING YOUR DATA AND LOSS PROGRAMS BY IMPLEMENTING APPROPRIATE SAFETY MEASURES. ANY DAMAGE CAUSED BY HURRICANES, EARTHQUAKES, FIRE, VANDALISM, THEFT, FOR LOST OR CORRUPT DATA, INCORRECT, OR RESULTS OF PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR MALFUNCTION OF SOFTWARE, SECURITY OR SAFETY USE . WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF SERVICES.
25. TERM; MODIFICATION; SUSPENSION; TERMINATION
25.1 Term. The initial term of these terms, together with your User Agreement(s) will begin on the date you "sign up" for the services and continue for a period of two (2) years, and automatically thereafter if this written these terms, together with your User Agreement(s) is not canceled 30 days prior to the date of maturity, it is renewed for a period of two (2) more years. When the User Agreement(s) is renewed, you will automatically have to pay the amount corresponding to the portal service.
25.2 Notification of prior termination. You may terminate these terms, together with your User Agreement(s) at any time without prior cause by notifying the other party in writing. When leaving the services, MAG will not refund the payment made by the subscription. In case of monthly subscription you will have to pay the remaining months to the User Agreement. This payment will cover the costs of transferring the client's patient data to be delivered in the time that the MAG company stipulates according to the size of the data. The data of the patients will be delivered in Excel format only with the names of their diagnoses without any type of ICD 10, HCC and RAF score. After handing over the data to the client, it will be permanently deleted from the MAG database.
25.3 Modification. We may update or change the services or terms set in these terms, together with your User Agreement(s) from time to time. Accordingly, we recommend that you review these terms, together with your User Agreement(s) on a regular basis. You understand and agree that your continued use of the services after the Agreement has been updated or modified constitutes your acceptance of the revised terms, together with your User Agreement(s). Without limiting the foregoing, if we make a change to these terms, together with your User Agreement(s) that materially affects your use of the services, we may post or notify you by email or our website (s) of any such changes.
25.4 Termination, suspension or modification as a result of government regulation. Not withstanding anything to the contrary in these terms, together with your User Agreement(s), we have the right, upon notice to you, immediately to terminate, suspend or amend these terms, together with your User Agreement(s), without liability: to comply with any order issued or proposed by any government agency; (a) to comply with any provision of the law, any rule of participation in any reimbursement program, or any rule of accreditation; or (b) if the performance of this agreement by either party would cause it to be in violation of civil law or violation of criminal law.
25.5 Judicial or administrative procedures; Credentialing. We may terminate these terms, together with your User Agreement(s) immediately after notifying you: (a) if you are named as a defendant in criminal proceedings for a violation of federal or state law; (b) if you have violated any federal rule or requirement or State law related to the privacy or security of health information is carried out in any administrative or civil procedure; (c) you are excluded from participation in the health system through the federal or state government; or (d) you cease to be eligible.
26. APPLICABLE LAW
MAG and the client submit to the jurisdiction of the courts of the Commonwealth of Puerto Rico for the application of these terms, together with your User Agreement(s) or any arbitration award or decision arising from these terms, together with your User Agreement(s). These terms, together with your User Agreement(s) shall be applied or interpreted in accordance with the laws of the Free and Commonwealth of Puerto Rico.
27. CIRCUMSTANCES
No Party to these terms, together with your User Agreement(s) shall be considered a violation of these terms, together with your User Agreement(s) if it fails to comply with any of the obligations due to: (a) weather and storms; (b) earthquakes or other natural occurrences; (c) strikes or other labor conflicts; (d) power failures; (e) nuclear emergencies or other civil or military emergencies; (f) acts of legislative, judicial, executive or administrative authorities; or (g) any other circumstances that are not within your reasonable control.
28. PRIVACY POLICY
The Services are provided by us under these terms, together with your User Agreement(s) on our website magroupservices.com. The use of our services is subject to our PRIVACY POLICY. By using the services, you are accepting the terms of the PRIVACY POLICY and acknowledge that you have reviewed our PRIVACY POLICY.
29. USE REQUIREMENTS
Access to a computer with Internet and updated browsers in its latest versions: Explorer, Mozilla Firefox, Google Chrome and Safari.
Windows
To use the magroupservices.com portal on Windows, you need the following:
• Windows 7, Windows 8, Windows 8.1, Windows 10 or higher
• An Intel Pentium 4 or later processor compatible with SSE2
Note: Servers need Windows Server 2008 R2, Windows Server 2012, Windows Server 2012 R2 or Windows Server 2016.
Mac
To use the magroupservices.com portal on Mac, you need the following:
• OS X Yosemite 10.10 or later versions
30. FEES
The fees applicable to the User Agreement are in accordance to the selection of the automatic payment plan through the client. The plans are as follows:
MAG DASHBOARD NEW VERSION Plan : Includes a database for advantage patients for the use of the RAFMAGTOOL tool. The implementation includes: Installation on 1 computers and 0.50 hours of training (maximum 2 people). For prices or more information please contact sales.
Basic Plan: Includes a database for 250 advantage patients for the use of the RAFMAGTOOL tool and 10 questionnaires for patient evaluation. The implementation includes: Installation on 3 computers, 2 tablets and 4 hours of staff training (maximum 4 people). For prices or more information please contact sales.
THIS PLAN NOT AVAILABLE FOR NEW USERS
Intermediate Plan: Includes a database for 500 advantage patients for the use of the RAFMAGTOOL tool and 10 questionnaires for patient evaluation. The implementation includes: Installation on 3 computers, 2 tablets and 4 hours of staff training (maximum 4 people). For prices or more information please contact sales.
THIS PLAN NOT AVAILABLE FOR NEW USERS
Advanced Plan: Includes a database for 1000 advantage patients for the use of the RAFMAGTOOL tool and 10 questionnaires for patient evaluation. The implementation includes: Installation on 3 computers, 2 tablets and 4 hours of staff training (maximum 4 people). For prices or more information please contact sales.
THIS PLAN NOT AVAILABLE FOR NEW USERS
Codification service- For prices or more information please contact sales.
Any additional work requested not mentioned in the DESCRIPTION OF THE SERVICES TO BE PROVIDED will be billed separately at our fees.