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PSA PathLab Coding Solutions
SUBSCRIPTION AGREEMENT AND TERMS OF USE
Carefully read the following terms and conditions before subscribing. Clicking the “I Accept” button on your screen acknowledges your acceptance of and agreement to these terms and conditions.

1. Description of Services

Subject to the terms and conditions set forth in this Subscription Agreement and Terms of Use (the “Agreement”), Pathology Service Associates, LLC (“PSA”) makes available to certain authorized individuals (each a “Subscriber”) PSA’s Pathology Coding Solutions (“Services”) which provides timely responses to pathology-related CPT coding inquires. Subscribers will have access to PSA’s pathology-related CPT coding resources, automated coding tool, and query-response service available online at www.pathlabcoding.com. Only PSA affiliated pathology practices and paid subscribers to the Services are authorized to access and use the Services.

2. Access to Service

As a Subscriber you have a unique account with a unique username and password required to access the Services. As a Subscriber your account is limited to use by you alone. You may not allow any other person - even another Subscriber - to use your username and password. You are solely responsible for protecting your username and password. You are responsible for all charges to your account incurred by anyone using your username or password with or without your knowledge.

3. Service Availability

The Service is available only through PSA’s Web site at www.psapathcoding.com. You are solely responsible for obtaining the resources (e.g., an Internet capable computer and Internet access) necessary to access PSA’s Web site. PSA endeavors to make the Services available via its Web site 24/7/365, but PSA makes no representation, warranty or guarantee concerning availability of the Services. Without limiting the generality of the foregoing, the Services are subject to interruption due to scheduled maintenance, equipment failures and malfunctions, and a wide variety of circumstances beyond PSA’s control. PSA has no responsibility for or liability to you or any other person for any interruption in the availability of the Services, even if such interruption is due to the fault or negligence of PSA.

4. Adherence to Policies and Procedures

You shall comply at all times with PSA’s policies and procedures concerning the use of the Services in effect from time to time. You may access such policies and procedures at www.pathlabcoding.com.

5. Pathology-related CPT Coding Inquiries

PathLab Coding Solution’s Coding Consultant services are limited to inquiries having to do with determining the most appropriate CPT code(s) for a given case, based upon the documentation provided. Each inquiry submitted must contain only one brief and unambiguous case that addresses one specific pathology-related CPT coding issue but does not include any patient identifying information (e.g., name or social security number). An electronic or fax copy of the relevant pathology report with patient-identifying information redacted should be submitted with the question in order to ensure accuracy of the response. You agree to indemnify, defend and hold harmless PSA and its shareholders, directors, employees, agents and representatives against all claims, losses or liabilities arising out of or in connection with your failure to redact such patient-identifying information from any communication to PSA.

Examples of valid inquiries include: which CPT code or codes are appropriate for a given case based upon the documentation provided; the appropriate unit of measurement (specimen, section, etc.) and the number of units for each CPT; use of modifiers for CPT coding; and appropriate coding for quality and performance measures (PQRI).

Examples of invalid inquires include but are not limited to: Diagnosis (ICD-9) coding; place of service coding; billing related inquiries, such as handling denied claims (other than confirming appropriate CPT coding based on documentation provided); and inquiries with non-specific or insufficient documentation to make a CPT coding determination. Upon receipt of an invalid or incomplete pathology CPT coding inquiry, PSA will inform Subscriber that the inquiry is invalid or inappropriate and direct Subscriber to resubmit its inquiry, and provide appropriate suggestions to assist Subscriber in forming a valid inquiry.

PSA will respond to queries on a first come first served basis. Please allow 1-2 business days for routine responses. Inquiries submitted after PSA’s normal business hours will not be processed until the next business day. Complex inquiries involving extensive research time or submitted to the PSA CPT Advisory Committee for review may require longer response times. In such cases PSA endeavors to provide you with a status of the request within 2 business days.

Your subscription allows you to submit a specified number of queries. Coding case inquiries can only be purchased as part of a subscription agreement and can not be purchased individually. To purchase additional cases will require the subscriber to renew a one year subscription agreement. Unused inquiries are forfeited upon expiration of your subscription term and do not roll-over to any subscription renewal term. This Service is only related to pathology/laboratory CPT coding and does not provide assistance with inquiries related to ICD-9-CM, HCPCS (except as may be required by Medicare for reporting of certain pathology/laboratory procedures) or third party payer policy and reimbursement.

6. Term of Account

The term of your subscription commences upon activation or renewal of your account and expires one year thereafter. Existing subscription agreements will be terminated upon renewal of subscription agreement. For information about your subscription term and expiration and other information about your account, log in to your account and click on “Manage Your Account”

7. Conditions and Limitations on Use

INFORMATION YOU RECEIVE FROM THE SERVICES MAY BE USED SOLELY FOR YOUR OWN PERSONAL USE AND THE INTERNAL USE OF YOUR EMPLOYER (IF YOU ARE SELF-EMPLOYED AS A FULL-TIME PARTNER OR MEMBER IN AN ENTITY YOU MAY CONSIDER THAT ENTITY YOUR EMPLOYER. YOU MAY NOT PROVIDE COPIES OF SUCH INFORMATION TO ANY OTHER PERSON OR ENTITY EXCEPT AS MAY BE REQUIRED BY LAW. ALL NOTICES AND LEGENDS ON SUCH INFORMATION SHALL NOT BE REMOVED OR ALTERED IN ANY WAY. ANY OTHER USE (INCLUDING WITHOUT LIMITATION, REPRINT, TRANSMISSION OR DISSEMINATION OF ALL OR PART OF THIS INFORMATION TO ANYONE) WITHOUT THE EXPRESS WRITTEN PERMISSION OF PSA IS STRICTLY PROHIBITED.

8. Disclaimer of Warranties

WHILE PSA ENDEAVORS TO PROVIDE QUALITY SERVICES, PSA DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY, QUALITY, COMPLETENESS, AVAILABILITY OR ANY OTHER ATTRIBUTE OF THE SERVICES OR THE INFORMATION PROVIDED THROUGH THE SERVICES. THE SERVICES AND THE INFORMATION ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR CUSTOMER’S NEEDS AND INTENTIONS, DATA INTEGRITY, ABSENCE OF DEFECTS OR ANOMALIES OF ANY KIND, ERROR-FREE OPERATION, OR UNINTERRUPTED SERVICE.

9. Other Disclaimers

RESPONSES PROVIDED TO YOUR QUERIES ARE INTENDED FOR MEDICAL CODING PURPOSES ONLY AND ARE BASED UPON THE FACTS YOU PROVIDE AND ASSUME THEIR ACCURACY AND COMPLETENESS. PSA DOES NOT VERIFY THESE FACTS AND IS NOT RESPONSIBLE FOR RESPONSE ERRORS OR OMISSIONS ATTRIBUTABLE TO INCOMPLETENESS, INACCURRACY OR OTHER DEFICIENCIES IN THE FACTS YOU PROVIDE.

PSA RESPONSES ARE BASED UPON THE BEST INFORMATION AVAILABLE FROM RECOGNIZED AUTHORITATIVE SOURCES AT THE TIME THE RESPONSE IS PREPARED. PSA IS NOT RSPONSIBLE FOR UPDATING ANY INFORMATION PROVIDED TO YOU.

ALL PSA QUERY RESPONSES ARE MERELY ADVISORY AND BASED UPON LIMITED INFORMATION. SUCH RESPONSES DO NOT CONSTITUTE CLINICAL ADVICE, DETERMINE PAYER REIMBURSEMENT POLICY OR OUTCOMES, AND DOES NOT SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF THE PRACTITIONER PERFORMING A PROCEDURE, WHO REMAINS SOLELY RESPONSIBLE FOR CORRECT CODING.

INFORMATION OBTAINED FROM PSA DOES NOT REPLACE THE AMA’S CURRENT PROCEDURAL TERMINOLOGY OR OTHER APPROPRIATE CODING AUTHORITY. THE INFORMATION CONTAINED ON THE WEB SITE AND PROVIDED IN RESPONSES SHALL ONLY BE USED AS A GUIDE FOR YOUR OWN USE AND SHOULD NOT BE DISSEMINATED IN ANY WAY.

10. Limitation of Remedies

YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY PSA SHALL BE CANCELLATION OF THE REMAINING PERIOD OF YOUR SUBSCRIPTION.


11. Liability Limitations

IN NO EVENT SHALL PSA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OR LOSS HOWEVER ARISING. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER FACT OR CIRCUMSTANCE, PSA’S MAXIMUM TOTAL LIABILITY TO YOU OR ANY OTHER PERSON (WHETHER OR NOT CLAIMING BY OR THROUGH YOU) IN RESPECT OF THIS AGREEMENT AND THE SERVICES SHALL BE LIMITED TO THE LESSER OF (A) THE TOTAL SUBSCRIPTION FEES YOU PAID TO PSA OVER THE PRECEEDING 12 MONTHS, (B) THE CHARGES WITH RESPECT TO THE PARTICULAR QUERY GIVING RISE TO THE LIABILITY, OR (C) $1,000.00.

12. Copyright, Trade Secret and Trademark


CPT codes, descriptions and other data are copyright 1966, 1970, 1973, 1977, 1981, 1983-2006 American Medical Association. CPT is a registered trademark of the American Medical Association. CPT® Assistant Archives 1990-2006 is copyright 2007, CPT® Assistant is copyright 1990-2007 American Medical Association, CPT® Changes is copyright 2000-2006 American Medical Association and CPT® Clinical Vignettes is copyright 1998-2006 American Medical Association. All rights reserved (for all copyrighted works).

13. Cancellation

If you breach this Agreement PSA has the right to cancel your subscription for Services immediately without notice of any kind other than termination of your access to the Services. In the event of such cancellation PSA may retain any and all amounts paid by you. If PSA decides to discontinue providing the Services to all subscribers it may cancel your Services upon 10 days prior notice. Upon cancellation or expiration of your Services subscription your rights to the Services, and your obligation to pay for future Services, shall terminate. However, you shall remain liable for any unpaid balance due for Services charges incurred prior to such cancellation or expiration, and the other provisions of this Agreement shall survive such cancellation or expiration and continue in full force and effect.

14. General Provisions

You shall be responsible for all sales, use or other taxes, except taxes based on the income of PSA. Any notice concerning the Services or this Agreement posted for at least 30 consecutive days on the PSA Web page where you log in to access the Services shall constitute valid notice under this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to choice of law principles. Nothing contained in this Agreement shall be deemed to constitute a joint venture, partnership or agency between PSA and any other person. You acknowledge that you have read this Agreement in its entirety, have had ample opportunity to seek professional advice with respect hereto, understand its terms and conditions, and agree to be bound hereby. You agree that this Agreement is the complete and only agreement between you and PSA with respect to the subject matter hereof, and that this Agreement supersedes any proposal or prior agreement, whether oral or written, and any other communications between us relating to the subject matter of this Subscription Agreement. The delay or failure to assert a right hereunder shall not constitute a waiver of that right or excuse a subsequent failure to perform under this Subscription Agreement. If any provision hereof is held to be unenforceable or contrary to public policy the parties agree that the remaining portions are enforceable. You may not assign any rights herein without the prior approval of PSA. Should you have any questions concerning this Agreement, you may contact PSA by calling 800-832-5270, or by writing to PSA, Coding Compliance Department, PO Box 100559, Florence, SC 29501-0559.





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