By joining Functional Health Professionals, LLC (FHP) under the “Clinician” membership you acknowledge and agree to the following agreement between FHP (Party A) and yourself (Party B).
The Parties agree to collaborate in the care of clients who are under the care of Party B. Additionally, as a Functional Health Professionals, LLC (FHP) member, Party B will have access to the FHP community and its shared resources.
The Effective Date is the date on which Party B enrolls and pays for the FHP “Clinician” membership. The term of this Agreement is one month with automatic renewal each month.
4.1 As a member, Party B will be given access to the FHP-shared resources managed through Google Workspace. This includes, but is not limited to the FHP Google Drive with its files and community-developed resources, Google Chat for live communications among the members, and the Google Calendar for FHP-exclusive events and meetings.
4.2 Additionally included in Party B’s membership with FHP is a personal practice “Facility” set up within the FHP CharmHealth account, including the telemedicine/Zoom integration, CharmConnect, eFax and ePrescribing add-ons. EPCS is not included in any FHP membership and will need to be arranged independently if desired.
4.3 Party B will have control over such things as, but not limited to, its appointment lengths, hours of availability, service fees, documentation, patient/client data, etc. It is the intention of this arrangement that Party B can conduct its business with as much independence and autonomy as possible while sharing the resources of the FHP community. FHP will provide setup assistance to Party B during the onboarding process.
4.4 Party B will have access to the FHP-authorized Care Managers (CMs). FHP CMs may view records, contact clients by various means including through the portal, emailing, or calling by phone, and perform other activities that support Party B in the care of its clients (for example, communicating with laboratories, pharmacies, supplement dispensaries, etc on behalf of the patient and/or Party B). All such interactions are to be documented appropriately and communicated to Party B per the parameters outlined by Party B. FHP Care Managers are not licensed practitioners and are not authorized to provide medical care or advice to patients of Party B.
5.1 FHP does not claim ownership, in any way, of Party B or its patients/clients. If this agreement is terminated, Party B has full rights to export the data from its FHP “Facility” to any EMR of its choosing so that it may continue care of its patients/clients.
5.2 Party B acknowledges that Party A (FHP) is not officially trained, nor employed by CharmHealth. The FHP administrators will assist Party B with setting up its CharmHealth Facility and offer resources/support to expedite and optimize Party B’s effective use of the system. However, Party B will not hold FHP responsible for its training, or any issues that may arise with the use of the CharmHealth EMR, nor its add-ons or affiliates.
5.3 Party B assumes full responsibility for the patients/clients under its care. FHP and its staff/employees are a resource to support Party B, but FHP does not assume liability for their medical care.
5.4 If Party B declines CM services through FHP, Party B acknowledges that other than for onboarding purposes, it will not have CM support for its patients/clients.
6.1 Party B agrees to pay the monthly membership fees as designated by the membership plans and applicable Care Manager fees invoiced biweekly.
6.2 Party A may, from time to time, modify the payment fees or structure. Party B will be provided a minimum of 30 days' notice of any changes.
7.1 This document serves as a business associate agreement between FHP and Party B. Party B and FHP anticipate that FHP may create, receive, maintain, or transmit Protected Health Information ("PHI") on behalf of Party B in connection with the services provided by FHP to Party B.
7.2 The Parties agree to maintain the confidentiality of any proprietary information and Protected Health Information (PHI) exchanged during the term of this Agreement. Party B is thus aware that all FHP Care Managers have agreed to conduct their activities per HIPAA guidelines.
7.3 FHP agrees to use and disclose PHI only as permitted or required by this Agreement or as required by law.
7.4 FHP agrees to implement appropriate safeguards to prevent the use or disclosure of PHI other than as provided for by this Agreement.
7.5 FHP agrees to report to Party B any use or disclosure of PHI not provided for by this Agreement and any security incident of which it becomes aware.
7.6. FHP agrees to ensure that any subcontractors or agents that create, receive, maintain, or transmit PHI on behalf of FHP agree to the same restrictions and conditions that apply to FHP.
7.7. FHP may use PHI for the proper management and administration of FHP's business and to carry out its legal responsibilities.
7.8 FHP may disclose PHI for the proper management and administration of FHP's business, provided that such disclosures are required by law, or FHP obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies FHP of any instances of which it is aware in which the confidentiality of the information has been breached.
8.1 Party A may terminate this Agreement only for the following causes: Party B’s failure to make proper payment, Party B’s repeated and egregious violations of FHP’s policies, or the closing of Party B’s practice.
8.2 After two consecutive months of failure to pay fees, Party B will have 30 days to satisfy its balance or have its membership terminated. In all other cases, FHP will provide Party B with a 30-day termination notice unless inapplicable.
8.3 Party B may terminate this Agreement at any time by written notice or canceling on the FHP membership website.
This Agreement shall be governed by and construed under the laws of Michigan, USA.
10.1 Amendments. This Agreement may only be amended in writing and signed by both Parties.
10.2 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes any prior agreements or understandings.
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