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.
Account & Service Control · User right or choice
Participation is voluntary, with one ACCESS provider per track and an option to end alignment after 90 days
The signer consents to take part in the WHOOP Connected Care Program and to receive technology-enabled medical care, including telehealth, from Practice. The signer states they understand that alignment to Practice and participation are voluntary, that they may receive care from only one ACCESS Program participant per Clinical Track at a time, and that they may end their alignment with Practice (and, if they wish, align with another participant) at any time 90 days after they are aligned to Practice. A separate clause lets the signer withdraw from the Program at any time by notifying Practice in writing.
Supporting quotations
alignment to Practice and participation in the WHOOP Connected Care Program are voluntary
I may receive care from only one participant in the ACCESS Program (e.g., Practice) per ACCESS Program Clinical Track at a time
I may end my alignment with Practice (and, if desired, align with another participant in the ACCESS Program) at any time 90 days after I am aligned to Practice
I may withdraw from the WHOOP Connected Care Program at any time by notifying Practice in writing
Qualifications & exceptions
Only one ACCESS Program participant per Clinical Track at a time.
Ending alignment is worded as possible “at any time 90 days after” the signer is aligned; the text does not say whether it can happen sooner.
The withdrawal clause lets the signer leave the Program at any time by written notice to Practice.
Not stated here
Clinical Tracks are not described in this text.
The text does not say how or when alignment to Practice occurs.
How the 90-day alignment clause and the withdrawal-at-any-time clause fit together is not explained.
Cross-references
contrast (model-proposed): The signer may withdraw in writing at any time — contrast: One clause lets the signer end alignment with Practice at any time 90 days after alignment; another lets the signer withdraw from the Program at any time by written notice. The text does not explain how the timing of the two fits together.
Sharing & Disclosure · Permission or license
Claims data may be shared with Practice for health care operations
The signer acknowledges that their claims data may be shared with Practice for health care operations, subject to privacy and security protections including HIPAA.
Supporting quotations
my claims data may be shared with Practice for health care operations, subject to privacy and security protections, including HIPAA
Qualifications & exceptions
Purpose given: health care operations.
Subject to privacy and security protections, “including” HIPAA (the list is not limited to HIPAA).
Not stated here
The sentence does not say who shares the claims data.
The kinds of claims data are not specified.
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.
Supporting quotations
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.
Sharing & Disclosure · Permission or license
Practice may share care updates with the signer’s other clinicians
The signer authorizes Practice to share care updates and related medical information with their primary care physician or referring clinician for treatment purposes and as otherwise required by the ACCESS Program, and to share that information with other health care providers for treatment purposes. The signer separately consents to Practice’s use and disclosure of protected health information in line with its HIPAA Notice of Privacy Practices and applicable law.
Supporting quotations
I authorize Practice to share care updates and related medical information with my primary care physician or referring clinician for treatment purposes and as otherwise required by the ACCESS Program, and to share such information with other health care providers for treatment purposes
I consent to Practice’s use and disclosure of my protected health information in accordance with its HIPAA Notice of Privacy Practices and applicable law
Qualifications & exceptions
Sharing with the primary care physician or referring clinician is for treatment purposes and as otherwise required by the ACCESS Program.
Sharing with other health care providers is for treatment purposes.
Use and disclosure of protected health information is also tied to Practice’s HIPAA Notice of Privacy Practices and applicable law.
Not stated here
What the ACCESS Program requires Practice to share is not described in this text.
The Notice of Privacy Practices is linked but its text is not supplied in this document.
Practice will ask for details about the signer’s primary care provider
To support participation in the WHOOP Connected Care Program, Practice will ask the signer for information about their primary care physician or other regular health care provider.
Supporting quotations
Practice will ask me for information about my primary care physician or other regular health care provider
Qualifications & exceptions
The stated reason is to facilitate participation in the Program.
Not stated here
The text does not say whether providing this information is required.
The specific details requested are not listed.
Sharing & Disclosure · User right or choice
Data-sharing preferences are changed through 1-800-Medicare, and CMS may still share limited data
The signer may call 1-800-Medicare to change their data-sharing preferences. Even if the signer declines data sharing, CMS may still engage in limited sharing of their data for care coordination and quality improvement activities and for population-based activities relating to improving health or reducing health care costs.
Supporting quotations
If at any time I wish to modify my data-sharing preferences, I may call 1-800-Medicare to do so
even if I decline data-sharing, CMS may still engage in limited sharing of my data for care coordination and quality improvement activities and population-based activities relating to improving health or reducing health care costs
Qualifications & exceptions
The method named is a call to 1-800-Medicare.
The exception is sharing by CMS, limited to care coordination, quality improvement and population-based health or cost-reduction activities.
Not stated here
What “limited sharing” covers is not defined.
The text does not say whether declining data sharing changes sharing by Practice described elsewhere in the Consent.
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.
Supporting quotations
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.
Supporting quotations
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.
Charges & Financial Obligations · Permission or license
The signer assigns Medicare benefits and payment rights for the Services to Practice
The signer confirms they requested Services from Practice and assigns to Practice all applicable health insurance benefits and payments (each a “Benefit”) and all rights to which they are entitled, or which they have actually received, from Medicare in connection with the Services. The signer also certifies that the information they gave when applying for Medicare is correct.
Supporting quotations
I hereby assign to Practice all applicable health insurance benefits and payments (each such payment or benefit, a “Benefit”) and all rights to which I am entitled (or which I have actually received) from Medicare in connection with the Services
I certify that the information I provided in applying for Medicare is correct
Qualifications & exceptions
The assignment is “in connection with the Services.”
A “Benefit” is each such payment or benefit.
Not stated here
Whether “from Medicare” limits both the benefits and the rights, or only the rights, is not clear from the wording.
Account & Service Control · Restriction or exception
Receiving Services depends on Medicare enrollment
The signer states they understand that their ability to receive Services from Practice depends on their enrollment in Medicare.
Supporting quotations
I understand that my ability to receive Services from Practice is contingent upon my enrollment in Medicare
Qualifications & exceptions
The stated condition is enrollment in Medicare.
Not stated here
This text does not list any other eligibility conditions for the Services.
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.
Supporting quotations
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.
Supporting quotations
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.
Charges & Financial Obligations · Permission or license
The signer directs Medicare to pay Practice directly
The signer directs Medicare and its contractors to issue payment checks directly to Practice.
Supporting quotations
I direct Medicare and its contractors to issue payment checks directly to Practice.
Qualifications & exceptions
The direction is addressed to Medicare and its contractors.
Charges & Financial Obligations · Procedure
The signer must forward Medicare checks and EOBs to Practice within 30 days or may owe the total charge
If the signer receives direct payment of amounts due for the Services along with an Explanation of Benefits (EOB), they agree to forward promptly to Practice any check made out to them, endorsed to Practice, and any related EOB. Steps listed: notify Practice on receipt, endorse the check “Pay to the Order of WHOOP Physician Services, P.C.”, mail the check and EOB right away, and keep copies. If the signer does not forward the check and EOB within thirty days of receipt, they may be held responsible for the total charge for the Services. Elsewhere the Consent says the Services are provided to the signer free of charge, and this text does not explain how the two fit together.
Supporting quotations
In the event that I receive direct payment of any amounts due for Services rendered by Practice and an Explanation of Benefits (“EOB”) related to such Services, I agree to forward promptly to Practice any checks made payable to me for Services rendered, endorsed to the order of Practice, and any related EOB
(ii) endorse the check “Pay to the Order of WHOOP Physician Services, P.C.”
in the event I fail to forward the check and EOB to Practice within thirty (30) days of receipt, I may be held responsible for the total charge for the Services
the Services will be provided to me free of charge, and that any deductibles, co-payments, or co-insurance related to the Services will be waived by Practice in accordance with the terms of the ACCESS Program and 42 C.F.R. § 1001.952(ii)(2)
Qualifications & exceptions
The duty arises only if the signer receives direct payment and an EOB.
The consequence is that the signer “may be held responsible”; it is not stated as automatic.
The 30-day period runs from receipt.
The Consent separately says the Services are provided free of charge.
Not stated here
“Total charge” is not defined or quantified in this text.
How the total-charge consequence fits with the free-of-charge statement is not explained.
Cross-references
contrast (model-proposed): The Services are free to the signer and cost-sharing is waived — contrast: One paragraph says the Services are free of charge with cost-sharing waived; another says a signer who does not forward a Medicare check and EOB within thirty days may be held responsible for the total charge for the Services. The text does not explain how the two fit together.
Charges & Financial Obligations · Company commitment
The Services are free to the signer and cost-sharing is waived
The signer acknowledges that the Services will be provided to them free of charge and that any deductibles, co-payments or co-insurance related to the Services will be waived by Practice in accordance with the terms of the ACCESS Program and 42 C.F.R. § 1001.952(ii)(2). This sits under the heading “Financial Responsibility.” The Consent also says the signer may be held responsible for the total charge if they do not forward Medicare checks and EOBs within thirty days, and that the signer remains responsible for fees for WHOOP, Inc. offerings.
Supporting quotations
the Services will be provided to me free of charge, and that any deductibles, co-payments, or co-insurance related to the Services will be waived by Practice in accordance with the terms of the ACCESS Program and 42 C.F.R. § 1001.952(ii)(2)
Financial Responsibility
in the event I fail to forward the check and EOB to Practice within thirty (30) days of receipt, I may be held responsible for the total charge for the Services
Qualifications & exceptions
The waiver is “in accordance with the terms of the ACCESS Program and 42 C.F.R. § 1001.952(ii)(2).”
The next paragraph carves out fees for WHOOP, Inc. services, products and features.
The check-forwarding clause says the signer may be held responsible for the total charge if checks and EOBs are not forwarded within thirty days.
Not stated here
The ACCESS Program terms and the cited regulation are not supplied in this document, so the exact limits of the waiver are not analyzed here.
How the free-of-charge statement fits with the total-charge consequence is not explained.
Account & Service Control · Company commitment
The WHOOP Band and blood pressure cuff are provided at no cost and the Services rely on them
The WHOOP band, accessories and software (including the “Blood Pressure Insights” feature), together called the “WHOOP Band,” and a blood pressure cuff are provided to the signer at no cost, solely to facilitate access to the Services. The signer acknowledges that they cannot obtain Services from Practice unless they receive the WHOOP Band and blood pressure cuff, because the technology-enabled Services rely on their use of these products.
Supporting quotations
The WHOOP band, accessories, and software (including the “Blood Pressure Insights” feature) (collectively, the “WHOOP Band”) and a blood pressure cuff will be provided to me at no cost, solely to facilitate my access to the Services
I cannot obtain Services from Practice unless I receive the WHOOP Band and blood pressure cuff because the technology-enabled Services rely on my use of these products
Qualifications & exceptions
Provided “solely to facilitate” access to the Services.
“WHOOP Band” as defined here includes accessories and software, including Blood Pressure Insights.
Receiving the Band and cuff is a condition of obtaining the Services.
Upgrades to the WHOOP Band are carved out as the signer’s expense in the next paragraph.
Not stated here
This text does not say who owns the devices beyond the return-on-request duty.
Account & Service Control · Restriction or exception
The signer must return the Band and cuff on request, including after withdrawal or termination
The signer agrees to return the WHOOP Band and blood pressure cuff to Practice upon request, including if the signer withdraws from the WHOOP Connected Care Program or Practice terminates their participation. Termination does not affect obligations that accrued before it, including the duty to return the Band and cuff.
Supporting quotations
I agree to return the WHOOP Band and blood pressure cuff to Practice upon request, including if I withdraw from the WHOOP Connected Care Program or Practice terminates my participation
Termination of my participation will not affect any rights or obligations that accrued prior to termination, including my obligation to return the WHOOP Band and blood pressure cuff
Qualifications & exceptions
The duty arises “upon request,” and the text names withdrawal and termination as examples.
The return obligation survives termination.
Not stated here
No return deadline, shipping arrangement, device condition standard or consequence for not returning is stated in this text.
Charges & Financial Obligations · Restriction or exception
The signer remains responsible for fees for WHOOP, Inc. offerings and Band upgrades
Despite the free-of-charge statement, the signer agrees to be responsible for any fees or charges related to any services, products or features offered by WHOOP, Inc., including WHOOP Advanced Labs, Clinician in the Loop and any upgrades to the WHOOP Band.
Supporting quotations
Notwithstanding the foregoing, I acknowledge and agree that I will be responsible for any fees or charges related to any services, products, or features offered by WHOOP, Inc., including WHOOP Advanced Labs, Clinician in the Loop, and any upgrades to the WHOOP Band
Qualifications & exceptions
Opens with “Notwithstanding the foregoing,” which carves it out of the free-of-charge paragraph.
Covers offerings of WHOOP, Inc.; the examples are introduced by “including,” so the list is not limited to them.
Not stated here
Prices and terms for these offerings are not in this text.
Which WHOOP terms govern those offerings is not stated here.
The signer agrees to Practice’s HIPAA Notice and consents to use and disclosure of health information
The signer acknowledges having read and agrees to Practice’s HIPAA Notice of Privacy Practices, which the Consent links to. The signer consents to Practice’s use and disclosure of their protected health information in accordance with that Notice and applicable law, including for treatment, payment and health care operations purposes.
Supporting quotations
I acknowledge that I have read and agree to Practice’s HIPAA Notice of Privacy Practices
I consent to Practice’s use and disclosure of my protected health information in accordance with its HIPAA Notice of Privacy Practices and applicable law, including for treatment, payment, and health care operations purposes
Qualifications & exceptions
Use and disclosure must be in accordance with the Notice and applicable law.
Treatment, payment and health care operations are listed with “including,” so the list is not limited to them.
Not stated here
The Notice of Privacy Practices is linked but its text is not supplied in this document, so what it permits is not analyzed here.
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.
Supporting quotations
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.
Account & Service Control · User right or choice
The signer may withdraw in writing at any time
The signer states that participation in the WHOOP Connected Care Program is voluntary and that they may withdraw at any time by notifying Practice in writing. Another clause describes ending alignment with Practice at any time 90 days after alignment.
Supporting quotations
I may withdraw from the WHOOP Connected Care Program at any time by notifying Practice in writing
I may end my alignment with Practice (and, if desired, align with another participant in the ACCESS Program) at any time 90 days after I am aligned to Practice
Qualifications & exceptions
Withdrawal is by written notice to Practice.
Withdrawal brings the duty to return the WHOOP Band and blood pressure cuff on request.
Not stated here
This text does not say how written notice is delivered.
It does not say whether withdrawing also ends the Medicare assignment and authorized-representative appointment.
How this clause fits with the 90-day alignment clause is not explained.
Account & Service Control · Permission or license
Practice may end the signer’s participation at any time
Practice may terminate the signer’s participation in the WHOOP Connected Care Program at any time, with or without cause, on written notice to the signer. Termination does not affect rights or obligations that accrued before it, including the duty to return the WHOOP Band and blood pressure cuff.
Supporting quotations
Practice may terminate my participation in the WHOOP Connected Care Program at any time, with or without cause, upon written notice to me
Termination of my participation will not affect any rights or obligations that accrued prior to termination, including my obligation to return the WHOOP Band and blood pressure cuff
Qualifications & exceptions
Requires written notice to the signer.
No cause is required.
Rights and obligations that accrued before termination are preserved.
Not stated here
No notice period or transition-of-care arrangement is stated 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.
Supporting quotations
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.
Supporting quotations
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.
Supporting quotations
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.