Advisements, Terms, and Conditions of Service
These terms and conditions are provided by The National Phlebotomy Provider Network (“NPPN”) and fully describe the terms under which the services are provided by NPPN.
1. NPPN provides an independent medical and research specimen collection, processing, and delivery service. NPPN IS NOT a medical laboratory and does not conduct laboratory testing. NPPN IS NOT a partner or subsidiary of any medical laboratory.
2. NPPN represents and warrants that our employees possess the necessary skill, education and training to perform all services in a professional and competent manner, and have all necessary licenses or certificates required by state and federal law.
3. The services rendered by NPPN hereunder are as an independent contractor and, as such, NPPN and its employees will not be deemed to be employees or agents of Client, and employees will not be covered under any of the benefit programs of the Client including, but not limited to Worker’s Compensation. NPPN is not authorized to act on behalf of, or otherwise bind the Client.
4. NPPN has and will maintain professional and general liability insurance, including umbrella insurance in an amount of no less than $4,000,000 per occurrence and an aggregate of $6,000,000 per year.
5. NPPN represents and warrants that no physician or physician’s family member has an interest in its business either directly or indirectly, or shall receive or share directly or indirectly in the proceeds of this Agreement and that its performance under the terms of this Agreement does not violate Stark or other Federal or State laws and regulations.
6. Samples collected by NPPN are collected by routine phlebotomy in accordance with generally accepted protocols and the accepted Standard of Care.
7. NPPN will only collect, process, package, and/or deliver the specific specimens required for the specific testing ordered, whether performed by the client or by a laboratory, if they are not the same. The specimens collected are done so per that order and the related instructions for the collection, processing and handling of the specimens specific to the testing to be performed. It is the responsibility of the client or the party testing the specimens, if they are not the same, to ensure that the instructions provided to NPPN have been validated, and when followed, yield specimens that have integrity for the testing to be performed on them.
8. If required, the Client is responsible to provide for the shipping, and/or storage of all specimens collected. When instructed to do so, NPPN will package specimens for shipment, using materials provided by client or clients shipping carrier, using prepaid return shipping labels provided by Client, per the packaging and shipping instructions provided by the carrier and/or the Client. Packaging materials and shipping methods should use DOT approved standards, and adhere to the UN3373 biohazard materials shipping protocol.
9. Once specimens have left our possession, NPPN has no control over the handling or processing of the specimens and subsequently disclaims any and all responsibility for them from that point forward. Furthermore, any additional processing or handling required to test the specimens, beyond that which NPPN was instructed to and agreed to perform is the sole responsibility of the client or party testing the specimens. In addition, the reporting of the test results is the responsibility of the party performing the testing. NPPN is NOT responsible IF the client or testing party fails to do any of the above properly or in a timely fashion.
10. While most common laboratory tests require the same or similar type of sample (whole blood, plasma, serum, urine, etc.) no matter what laboratory is performing the testing, every laboratory has its own specimen requirements for sample type, processing, and handling. While every effort is made to collect adequate and acceptable specimens, it is impossible to know the specific requirements for every test done by every laboratory. Furthermore, some laboratory tests cannot be collected in the field because the sample requires special handling that is impossible to perform outside a laboratory environment. In addition, some laboratory tests require the sample to undergo additional processing IN THE LABORATORY, as soon as it is delivered to the laboratory, which cannot be done in the field. Given these facts, there is a possibility that inadequate samples or no samples will be obtained. NPPN is NOT responsible if the laboratory fails to perform any additional pre-analytical sample processing required after we deliver the samples to the laboratory.
11. PLEASE DO NOT CONTACT NPPN ABOUT TEST RESULTS. NPPN has no access to the test results. You should contact the practitioner who ordered the laboratory testing or the laboratory who is conducting the testing directly.
12. NPPN specimen collection and delivery services are provided ONLY at the direction of and under specific order from a duly licensed medical practitioner or other organization or individual appropriately authorized to prescribe and order laboratory testing. Specimen collection services cannot and will not be provided without a valid order from an authorized party. Furthermore, any patient or study subject consent requirements are the sole responsibility of party ordering or prescribing the testing.
13. NPPN personnel cannot materially change or in any way alter the laboratory order. It is against the law for anyone other than the ordering practitioner to change a practitioner’s order without the express written consent from the prescribing practitioner. Likewise, the patient or subject cannot materially change or alter the prescribing practitioner’s laboratory order for themselves or anyone else.
14. NPPN is NOT a medical practice and does NOT provide any medical diagnosis, prognosis, treatment, or any medical advice. We do NOT have any information relating to any treatment the patient or subject is undergoing or any reasons for why samples are being collected. Patients or subjects should seek the advice of a licensed practitioner for any questions about any symptoms or conditions they are experiencing. If the patient or subject is experiencing a medical emergency they should call 911 immediately! Do not attempt to access emergency care through our service. If you are unsure of what type of care you need, please contact your personal physician. NPPN does not dispense or deliver medicine of any kind. NPPN cannot prescribe medication or evaluate the effectiveness of any medication you may be taking.
15. NPPN is not a limousine or personal courier service. We cannot transport the patient or subject. We cannot deliver any personal item, other than the specimens collected related to the laboratory order, to any location on your behalf or on behalf of your patient or subject.
16. NPPN services will be provided IN the patient’s home, work, or other appropriate stationary location. An appropriate location is one where patient privacy and safety are provided. NPPN does NOT and will NOT provide services inside any vehicle. NPPN does NOT and will NOT provide services in any location accessible to or open to the general public, as this would violate patient safety and privacy rights.
17. NPPN performs all services and functions in the ordinary course of business and during normal business hours. NPPN is a NON-EMERGENT service and should NOT be used for collection and delivery of STAT or URGENT laboratory orders, unless explicitly and contractually agreed upon in advance. All services are scheduled in advance and therefore we cannot guarantee accommodation of requests for “same day” schedule changes. Expedited collection and/or delivery of any specimen is NOT possible unless scheduled in advance. Because travel is inherently unpredictable, we do not guarantee or warranty any specific delivery time.
18. Scheduling Policy: We recognize that the services we provide are very important and we respect the clients desire for timely services. Generally, appointment scheduling is conducted on a first come, first serve basis. However, scheduling for some patients may be prioritized based on medical need. NPPN will attempt to contact the appropriate party to schedule an appointment within 24-48 hours of receipt of your request for service. We make every attempt to schedule the appointment at a time convenient for the client and their patients or subjects, but cannot guarantee any specific time or ongoing duration of availability.
19. Charges for the services will be quoted in advance, based on the current list pricing provided to the Client at the time of onboarding. That pricing commitment will be valid for one year from the date of onboarding at which time the list price for all services may increase by at least the current rate of inflation.
20. A mileage fee commensurate with the current published IRS mileage reimbursement rate per mile will be charged for any appointment located more than 25 miles from the NPPN technician’s home base location. If any request for service will incur a mileage fee, NPPN will notify the Client in advance of service and no mileage fee will be charged without prior authorization from the Client.
21. We have a 48 hour cancellation policy. Appointments cancelled without at least 48 hours’ notice will be charged a 50% cancellation fee for all services scheduled on that day. Appointments canceled at time of service or “no shows” will be charged the full fee for services scheduled on that day.
22. Payment Terms: NPPN may invoice the responsible party for services performed as completed. NPPN shall invoice the responsible party within one hundred and twenty (120) days of services completed. The responsible party shall pay such fees within thirty (30) days of receiving a bill therefore. All invoices with amounts remaining unpaid beyond 30 days shall accrue a 2% late fee on the invoice balance, compounded monthly. In addition, each invoice remaining unpaid beyond 90 days shall accrue a $20 extended unpaid balance late fee each month.
23. Each party represents and warrants on behalf of itself, that the aggregate benefit given or received under this Agreement, whether in cash or in kind, has been determined in advance through a process of arms-length negotiations that were intended to achieve an exchange of goods and/or services consistent with fair market value in the circumstances, and that any benefit given or received under this Agreement does not and is not intended to induce, does not require, and is not contingent upon, the admission, recommendation or referral of any patient, directly or indirectly to the Vendor or Client and further, is not determined in any manner that takes into account the volume or value of business generated between the parties.
24. HIPAA Compliance: NPPN will execute a Business Associate Agreement (BAA) with the Client, as required by law, prior to the performance of services. Furthermore, to the extent NPPN has access to PHI, NPPN will fully comply with the requirements of HIPAA; and, further, that every agent, employee, subsidiary, and affiliate of NPPN to whom it provides PHI received from, or created or received by NPPN, on behalf of Client will be required to fully comply with HIPAA, and will be bound by written agreement to the same restrictions and terms and conditions as set forth in the BAA.
25. EXCEPT AS EXPRESSLY STATED HEREIN THE SERVICES OF NPPN ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NPPN AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
26. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NPPN NOR ITS AFFILIATES, SUPPLIERS OR PARTNERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO NPPN. IN SUCH STATES/JURISDICTIONS, NPPN’S LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS AND PARTNERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
27. The terms herein are intended to be in compliance with federal, state and local statutes and regulations. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of here, but these terms and conditions shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
28. These terms and conditions are intended to be silent on the application of laws.
29. Utilization of the services constitutes acceptance of the terms and conditions set forth herein.
30. These terms and conditions constitute the entire understanding between the client and NPPN and no amendment or modification of its terms shall be valid or binding unless in writing and signed by authorized representatives of both parties.