This Consent covers medical care from WHOOP Physician Services under Medicare’s ACCESS Model
This Consent is the set of terms the signer accepts for receiving medical care from WHOOP Physician Services, P.C. and its affiliated professional corporations (together, “Practice”) as part of Practice’s participation in the Centers for Medicare & Medicaid Services ACCESS Model (the “ACCESS Program”). The care program is called the “WHOOP Connected Care Program.” The signer accepts the terms by checking the box and clicking submit.
Supporting quotations
sets forth the legally binding terms and conditions that apply to your receipt of medical care from WHOOP Physician Services, P.C. and its affiliated professional corporations (collectively, “Practice”)
By checking the box and clicking submit
Qualifications & exceptions
The terms apply to care received in connection with Practice’s participation in the ACCESS Model.
Acceptance is by checking the box and clicking submit.
Not stated here
The affiliated professional corporations are not named in this text.
This text does not explain how Practice relates to WHOOP, Inc., although the heading names both.
Legal Rights & Agreement Rules · Restriction or exception
Someone consenting for another person certifies they have legal authority
If the person completing the consent is doing so on behalf of another person, they certify that they have the legal authority to give this consent under applicable state law.
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If I am providing this consent on behalf of another person, I certify that I have the legal authority to provide this consent under applicable state law.
Qualifications & exceptions
Applies only when the consent is given on behalf of another person.
Not stated here
The text does not say which relationships or state-law authorities qualify.
The text does not describe any proof of authority.
Legal Rights & Agreement Rules · Restriction or exception
Technology-enabled care has limits and does not replace in-person care
The signer acknowledges that technology-enabled care has limitations, that Practice may not be capable of solving their medical problems, and that this kind of care is not a substitute for in-person medical care. Practice also cannot guarantee the quality of any network connectivity.
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there are limitations to technology-enabled care, and that Practice may not be capable of solving my medical problems
Technology-enabled care is not a substitute for in-person medical care
Practice cannot guarantee the quality of any network connectivity
Qualifications & exceptions
Practice “may not be capable” of solving medical problems; the text does not say it never can.
Not stated here
The text does not say which conditions or needs fall outside what Practice can address.
Legal Rights & Agreement Rules · Procedure
The signer must follow up with their own provider and call 911 in an emergency
The signer is responsible for following up with their own primary care physician or other regular health care provider as Practice recommends or instructs in connection with the Services. In a medical emergency the signer should call 911 or seek emergency medical care as soon as possible, and for a medical question or need should consult their primary care physician or other regular health care provider.
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I am responsible for following up with my own primary care physician or other regular health care provider as recommended or instructed by Practice in connection with the Services
If I experience a medical emergency, I should call 911 or seek emergency medical care as soon as possible
If I have a medical question or need, I should consult my primary care physician or other regular health care provider
Qualifications & exceptions
The follow-up duty applies to follow-up Practice recommends or instructs in connection with the Services.
For ordinary medical questions or needs the text points the signer to their own provider, not to Practice.
Not stated here
The text does not say how Practice communicates follow-up instructions.
Legal Rights & Agreement Rules · Permission or license
Practice becomes the signer’s authorized representative for Medicare claims, appeals and legal action
The signer appoints Practice as their authorized representative with power to file and process medical claims with Medicare or its contractors, to file appeals and grievances with Medicare or its contractors, and to start and pursue on the signer’s behalf any claim, right or cause of action, including any necessary litigation and complaints against Medicare or its contractors, even naming the signer as a plaintiff.
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I hereby appoint Practice as my authorized representative (“Authorized Representative”) with the power to: (i) file and process medical claims with Medicare or its contractors; (ii) file appeals and grievances with Medicare or its contractors; and (iii) institute and pursue on my behalf any claim, right or cause of action, including any necessary litigation and/or complaints against Medicare or its contractors (even to name me as a plaintiff in such action)
Qualifications & exceptions
Items (i) and (ii) are limited to Medicare or its contractors.
Item (iii) covers “any claim, right or cause of action,” and the examples that follow mention Medicare or its contractors.
Not stated here
Whether item (iii) reaches claims against parties other than Medicare or its contractors is not clear from the wording.
This text does not say how long the appointment lasts or how it ends, including whether withdrawing from the Program ends it.
Legal Rights & Agreement Rules · Context
The assignment of benefits replaces earlier or simultaneous understandings on its subject
The assignment of benefits supersedes any prior or contemporaneous understandings or agreements with Practice about its subject matter.
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This assignment of benefits supersedes any prior or contemporaneous understandings or agreements with Practice with respect to the subject matter hereof.
Qualifications & exceptions
Limited to the subject matter of the assignment of benefits; a separate entire-agreement clause covers the Consent as a whole.
Not stated here
Which earlier understandings this displaces are not identified.
Legal Rights & Agreement Rules · Company practice
The provider delivering care depends on the signer’s state
When the signer receives Services, the health care provider directly delivering them depends on the state the signer is in. Services are offered in all states where Practice is authorized to provide them under applicable laws and regulations.
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the health care provider that is directly providing Services to me will depend upon the state in which I am located
Services will be offered in all states in which Practice is authorized to provide Services in accordance with applicable laws and regulations
Qualifications & exceptions
Availability is limited to states where Practice is authorized under applicable laws and regulations.
Not stated here
The states and the providers by state are not listed in this text.
Legal Rights & Agreement Rules · Context
Massachusetts law governs the Consent
The Consent is governed by and construed under the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.
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This Consent shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.
Qualifications & exceptions
Conflict of laws principles are excluded.
Not stated here
This text names no forum, venue or dispute process.
Legal Rights & Agreement Rules · Context
The Consent and Practice’s HIPAA Notice together are the entire agreement
The Consent, together with Practice’s HIPAA Notice of Privacy Practices, is the entire agreement between the signer and Practice about its subject matter and supersedes all earlier or simultaneous understandings or agreements.
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This Consent, together with Practice’s HIPAA Notice of Privacy Practices, constitutes the entire agreement between me and Practice with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings or agreements
Qualifications & exceptions
Limited to the subject matter of the Consent.
This text names only the Notice of Privacy Practices as part of the agreement.
Not stated here
This text does not mention other WHOOP documents.
Legal Rights & Agreement Rules · Permission or license
Practice may amend the Consent by notice, and continued use counts as acceptance
Practice may amend the Consent from time to time by giving the signer notice of the amendment. The signer’s continued receipt of Services after that notice counts as acceptance of the amended Consent. The Consent separately lets the signer withdraw at any time by written notice.
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Practice may amend this Consent from time to time by providing notice to me of such amendment. My continued receipt of Services after such notice constitutes my acceptance of the amended Consent
I may withdraw from the WHOOP Connected Care Program at any time by notifying Practice in writing
Qualifications & exceptions
Acceptance is by continued receipt of Services after notice.
Not stated here
How notice is given, any advance period and any right to reject an amendment are not stated in this text.