1. Equipment Ownership
- The DME remains the property of the provider unless specified otherwise (e.g., equipment that is rented vs. purchased).
- Patients must return rented equipment in good working condition at the end of the rental period.
2. Rental Terms
- Specifies the length of the rental period.
- Conditions for renewal, return, or purchase of equipment.
- States whether rental payments apply toward eventual purchase.
3. Purchase Terms
- States the total cost of the equipment and any payment plan options.
- Clarifies warranty terms, including duration and coverage.
- Outlines procedures for returns or exchanges.
4. Insurance Billing and Coverage
- The DME provider will bill the patient’s insurance on their behalf.
- Clarifies what portion of the cost is covered by insurance, and what the patient is responsible for (copayments, deductibles, etc.).
- States that the patient is responsible for any unpaid balances after insurance payments.
5. Delivery and Setup
- The provider will deliver and set up the equipment at the patient’s home or facility.
- Includes any additional fees for delivery or setup, if applicable.
- States the expected delivery timeframe.
6. Use of Equipment
- The patient is responsible for using the equipment as prescribed and in accordance with the instructions provided.
- Improper use of the equipment may result in damage, injury, or voiding of warranties.
7. Maintenance and Repairs
- The provider is responsible for maintenance and repairs covered under warranty.
- The patient is responsible for routine care and upkeep of the equipment.
- Out-of-warranty repairs may be charged to the patient.
- Terms for replacement of damaged or malfunctioning equipment, including any associated fees.
8. Liability
- The provider is not responsible for any injuries, damages, or losses resulting from misuse of the equipment.
- The patient agrees to indemnify the provider against any claims resulting from improper use.
9. Training
- The provider will offer training on how to use the equipment.
- The patient is responsible for understanding and following all instructions.
10. Compliance with Laws
- The patient must comply with all local, state, and federal laws regarding the use and operation of medical equipment.
11. Return and Exchange Policy
- States the conditions under which equipment may be returned or exchanged.
- Restocking fees may apply for returns.
- Custom or special-order items may not be eligible for return or exchange.
12. Damage, Loss, or Theft
- The patient is responsible for the cost of repair or replacement if the equipment is damaged, lost, or stolen.
- Insurance may cover some or all of these costs, but the patient should confirm coverage with their provider.
13. Termination of Service
- The provider may terminate service for non-payment, misuse of equipment, or violation of terms and conditions.
- The patient must return the equipment upon termination if it is rented.
14. Patient Responsibilities
- The patient agrees to keep the equipment in a safe and clean environment.
- They must notify the provider immediately if the equipment stops functioning or needs repair.
- The patient agrees not to modify or attempt repairs on the equipment without authorization.
15. Replacement of Supplies
- Details regarding the frequency and process for ordering replacement supplies (such as oxygen tanks, tubing, etc.).
- Specifies any costs associated with additional supplies.
16. Consent to Communication
- The patient consents to receiving communication from the provider via phone, email, or other methods for service-related issues, such as maintenance, billing, or updates.
17.Termination by the Patient
- Specifies how and when the patient can terminate the agreement, including any notice requirements.
- States that any unpaid balances must be cleared before termination.
18. Confidentiality and Privacy
- The provider will adhere to HIPAA and other applicable laws regarding the protection of the patient’s personal health information.
- Patient information will only be shared with third parties as necessary for service provision and insurance billing.
19. Payment Terms
- Details the payment methods accepted (credit card, check, insurance, etc.).
- Late payment fees or interest charges may apply for overdue balances.
- Includes any terms for installment payments or payment plans, if offered.
20. Indemnification
- The patient agrees to indemnify the DME provider from claims, damages, or liabilities resulting from improper use of the equipment or failure to comply with the terms of the agreement.
21. Force Majeure
- The provider is not liable for delays or failure to perform obligations due to events beyond its control, such as natural disasters, strikes, or government actions.
22. Governing Law
- Specifies the state or jurisdiction whose laws govern the agreement.
23. Dispute Resolution
- Outlines the procedure for resolving disputes, which may include mediation or arbitration before taking legal action.
24. Severability
- If any part of the terms and conditions is found to be unenforceable, the rest of the agreement remains in effect.
25. Amendments
- The provider reserves the right to modify the terms and conditions, with notice given to the patient.
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