Commercial Terms of Service
These terms define the commercial conditions, operational boundaries, legal liabilities, and administrative scopes governing access to www.medinexusbilling.com and our healthcare revenue cycle solutions.
MediNexus Terms of Service v5.0
1. Acceptance of Terms & Scope of Agreement
These Terms of Service ("Terms") constitute a legally binding contract entered into by and between you—whether acting individually, as an authorized agent of a medical practice, hospital, surgery center, physician organization, or healthcare enterprise (collectively, "Client," "User," or "You")—and RMI BPO LLC d/b/a MediNexus Billing ("MediNexus," "Company," "we," "our," or "us").
By accessing, browsing, or utilizing the web domain located at www.medinexusbilling.com, submitting information through our practice audit calculators, requesting consultation, or utilizing any of our administrative revenue cycle platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms and our incorporated Privacy Policy. If you do not agree to all provisions contained herein, you are expressly prohibited from using this website or engaging our services.
2. Hierarchy of Contractual Instruments (MSA & BAA Precedence)
These general website Terms govern the preliminary commercial relationship and website access. When a healthcare organization formally engages MediNexus to perform revenue cycle management, medical coding, accounts receivable recovery, or provider credentialing, the parties enter into separate, negotiated definitive contracts:
Contractual Order of Precedence:
- Business Associate Agreement (BAA): Controls all matters concerning Protected Health Information (PHI) under federal HIPAA/HITECH regulations.
- Master Services Agreement (MSA) & Statement of Work (SOW): Governs billing contingency fees, specific service-level agreements (SLAs), workflow timelines, and dispute mechanics.
- These Terms of Service: Governs general website usage, digital audit submissions, intellectual property, and preliminary commercial inquiries.
In the event of an explicit conflict between these website Terms and an executed Master Services Agreement or Business Associate Agreement, the executed MSA and BAA shall govern and control.
3. Commercial Eligibility & User Accounts
Access to www.medinexusbilling.com and our service offerings is restricted to licensed healthcare organizations, practicing physicians, authorized clinical administrators, and commercial healthcare vendors. By submitting any inquiry or audit form, you represent and warrant that:
- You have reached the legal age of majority in your jurisdiction and possess the corporate authority to bind your medical practice or entity to legal obligations.
- All information you submit regarding your clinical practice, provider count, specialty, and billing volume is true, accurate, current, and complete.
- You will maintain the strict confidentiality of any administrative portal credentials or secure file transfer protocol (SFTP) accounts issued to your practice.
- You will immediately notify MediNexus at info@medinexusbilling.com of any suspected compromise, unauthorized access, or credential exposure.
4. Scope of Revenue Cycle Services
MediNexus Billing provides specialized administrative and financial management services to healthcare providers. Depending upon the executed Statement of Work, our service portfolio includes:
Charge capture verification, electronic clearinghouse claim generation (837P/837I), payment posting, and patient balance administration.
AAPC/AHIMA certified coding reviews, ICD-10-CM diagnostic mapping, CPT/HCPCS procedure coding, and NCCI edit verification.
CARC/RARC root cause analysis, Level I-III payer appeals, prompt-pay statute enforcement, and aged balance liquidations.
CAQH profile maintenance, commercial payer enrollment, Medicare/Medicaid revalidation, and hospital privileges tracking.
5. Strict Non-Clinical Practice Disclaimer & Physician Autonomy
MediNexus Billing Solutions LLC is an administrative billing service bureau and revenue cycle consultancy. MediNexus is not a healthcare provider, does not engage in the corporate practice of medicine, does not render clinical care, and does not provide formal legal advice.
All clinical diagnoses, patient assessments, determinations of medical necessity, treatment recommendations, surgical interventions, prescription decisions, and clinical chart documentation remain the sole, absolute, and unassignable professional responsibility of the treating clinician, medical director, and licensed healthcare entity.
MediNexus relies entirely on the clinical truthfulness, contemporaneous documentation, and medical necessity established by the Client's healthcare professionals. Our coding suggestions and claim scrubbing algorithms represent administrative recommendations derived from published payer guidelines and do not replace clinical discretion.
6. Client Documentation Obligations & Healthcare Compliance
To enable MediNexus to perform compliant billing and coding operations, Client agrees to:
- Contemporaneous & Accurate Documentation: Provide complete, legible, contemporaneous clinical records, encounter forms, and superbills reflecting services actually performed.
- Anti-Fraud Compliance: Strictly refrain from requesting, directing, or permitting any coding manipulation, unbundling, upcoding, or billing for non-rendered services in violation of the federal False Claims Act (31 U.S.C. § 3729), the Anti-Kickback Statute (42 U.S.C. § 1320a-7b), or the Civil Monetary Penalties Law.
- Timely EHR Access: Grant authorized, credentialed MediNexus staff secure, read-only or administrative access to the practice EHR/PM systems necessary to extract charge batches and verify clinical notes within agreed service windows.
- Patient Fee Schedules & Payer Contracts: Supply active fee schedules, participating provider agreements, payer enrollment letters, and specialty copayment parameters.
7. Commercial Compensation & Performance Invoicing
Commercial fees for MediNexus billing solutions are governed by executed Statements of Work under our Master Services Agreement:
Contingency Performance Fee Structure
Billing fees are typically calculated as an agreed percentage (e.g., 2.9% to 4.9%) of Net Collections actually received by the practice across insurance electronic remittances (835 ERA), direct payer paper checks, and verified patient copayments/coinsurance payments during the billing month.
Invoicing & Payment Terms
Invoices are generated on a monthly reconciliation cycle following month-end close. Payment is due net thirty (30) days from invoice transmission via ACH automated transfer or company corporate draft. Undisputed delinquent balances past thirty days accrue interest at 1.5% per month or the maximum legal rate permissible under Massachusetts law.
Clearinghouse & Pass-Through Costs
Direct electronic data interchange (EDI) transaction fees charged by commercial clearinghouses, paper patient statement postage, or payer credentialing application fees are pass-through expenses identified transparently on monthly statements.
8. Proprietary Technology & Intellectual Property
All content, digital architectures, denial analytics engines, claim-scrubbing heuristics, proprietary algorithms, workflow playbooks, appeal letter templates, and branding elements across www.medinexusbilling.com and our operational platforms are the exclusive intellectual property of RMI BPO LLC d/b/a MediNexus Billing and are protected by United States and international copyright, trademark, and trade secret laws.
Client is granted a limited, non-exclusive, revocable, non-transferable license to access our reporting portals during the active term of an agreement solely for internal healthcare administrative management. Client shall not decompile, reverse-engineer, mirror, frame, extract, or commercially exploit any proprietary ruleset, software, or workflow developed by MediNexus.
9. Mutual Confidentiality & Trade Secrets
"Confidential Information" refers to all non-public commercial, financial, technical, or strategic information disclosed by one party ("Disclosing Party") to the other ("Receiving Party"). This encompasses practice fee schedules, operational volumes, client lists, commercial pricing terms, and proprietary software.
Each party covenants to: (a) safeguard the other party's Confidential Information with at least the same degree of care it accords its own sensitive trade secrets (and not less than reasonable care); (b) restrict disclosure strictly to employees and contractors with a need-to-know; and (c) refrain from using Confidential Information for any purpose outside the performance of billing operations.
10. Protected Health Information & HIPAA Demarcation
All electronic Protected Health Information (ePHI) transmitted, processed, stored, or received by MediNexus in connection with medical billing and coding services is governed exclusively by the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the HITECH Act, and the parties' executed Business Associate Agreement (BAA).
Nothing in these general Terms of Service modifies, relaxes, or diminishes the rigorous administrative, technical, and physical safeguards set forth in our executed BAA or detailed in our formal HIPAA Compliance Statement.
11. Term, Termination & Run-Out Protocols
Initial client terms are specified in the Master Services Agreement (typically twelve months with automatic one-year renewals). Either party may terminate an engagement without cause by providing sixty (60) or ninety (90) days prior written notice as stipulated in the MSA.
Post-Termination Run-Out Billing Services:
Upon notice of termination, the parties may agree to a sixty (60) or ninety (90) day "Run-Out Period" during which MediNexus continues resolving accounts receivable, adjudicating open denial appeals, and posting remittances for claims billed prior to the termination date.
Upon conclusion of run-out services and payment of outstanding administrative invoices, MediNexus will securely export and transfer all patient ledger balances, claim histories, and unbilled records to the client or designated successor vendor in standard CSV/ANSI 837 format, and cryptographically sanitize archived records in accordance with NIST SP 800-88 standards.
12. Warranty Disclaimers & Service Availability
EXCEPT AS EXPRESSLY SET FORTH IN AN EXECUTED MASTER SERVICES AGREEMENT, MEDINEXUS BILLING PROVIDES THIS WEBSITE AND ITS DIGITAL AUDIT TOOLS ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEDINEXUS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT WEBSITE ACCESSIBILITY WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THIRD-PARTY CLEARINGHOUSES AND PAYER WEBSITES WILL OPERATE WITHOUT LATENCY OR SYSTEM DOWNTIME.
13. Limitation of Liability & Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- Exclusion of Consequential Damages: IN NO EVENT SHALL EITHER PARTY, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS OPPORTUNITY, REPUTATION, OR CLINICAL GOODWILL, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS.
- Aggregate Monetary Cap: THE TOTAL AGGREGATE LIABILITY OF MEDINEXUS BILLING FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, WEBSITE USAGE, OR SERVICES RENDERED SHALL BE LIMITED TO THE TOTAL FEES ACTUALLY RECEIVED BY MEDINEXUS FROM THE CLIENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO LIABILITY.
14. Mutual Indemnification Framework
Client Indemnification of MediNexus
Client shall defend, indemnify, and hold harmless MediNexus, its officers, managers, coders, and agents from any third-party claims, payer audit clawbacks, civil fines, penalties, or legal fees arising from or related to: (a) fraudulent, incomplete, or inaccurate documentation submitted by Client; (b) clinical negligence, malpractice, or patient treatment outcomes; or (c) Client's direct breach of state or federal healthcare statutes.
MediNexus Indemnification of Client
MediNexus shall defend, indemnify, and hold harmless Client, its partners, and employees from any third-party claims, damages, and reasonable legal expenses arising directly from: (a) gross negligence or willful misconduct of MediNexus personnel in the performance of administrative duties; or (b) a verified breach of unencrypted ePHI directly caused by MediNexus's failure to maintain administrative, technical, and physical safeguards mandated by HIPAA.
15. Binding Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT GOVERNS HOW LEGAL DISPUTES ARE RESOLVED AND MANDATES BINDING ARBITRATION INSTEAD OF COURT LITIGATION:
Any controversy, claim, or dispute arising out of or relating to these Terms, website use, or billing services shall be resolved through final, binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Flathead County, Montana, conducted before a single neutral arbitrator with experience in healthcare commercial contracts.
CLASS ACTION WAIVER: ALL PROCEEDINGS SHALL BE CONDUCTED EXCLUSIVELY ON AN INDIVIDUAL BASIS. NEITHER PARTY SHALL BE PERMITTED TO ASSERT ANY CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
16. Governing Law, Severability & Legal Notices
These Terms, together with any executed Master Services Agreements, shall be governed by, interpreted, and enforced in accordance with the substantive laws of the State of Montana and applicable federal healthcare laws, without regard to conflict of law principles.
If any provision of these Terms is determined by an arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed or reformed to the minimum extent necessary to make it valid and enforceable, and all remaining provisions shall remain in full force and effect.
RMI BPO LLC d/b/a MediNexus Billing
Legal Counsel & Contract Administration