This Terms of Use (“Terms”) is a legal agreement made between You (hereinafter referred to as “Client”) and Laboratory Corporation of America Holdings (hereinafter referred to as “LabCorp”) for Client’s use of the Laboratory Data Management system. As used in these Terms, the term “Client” includes the medical group practice, the ordering physician or other person as designated by applicable laws, rules and regulations.
WHEREAS, both parties acknowledge the mutual operational efficiencies that can be derived from automated laboratory results transmission and retrieval, use of Client patient demographics for test ordering and off-hours reporting; and
WHEREAS, the parties desire to enter into an agreement whereby LabCorp will provide Laboratory Data Management Software and/or Hardware (“LDM System”) to Client as set forth herein and Client will use the LDM System of LabCorp; and
WHEREAS, Client acknowledges the Restricted Use of the LDM System as hereinafter provided.
The Parties hereby agree as follows:
Compliance with All Laws and Restricted Use LabCorp is transmitting result reports to Veradigm, and into Veradigm Services, at Client’s direction and authorization and Client maintains the relationship with Veradigm. The LDM System shall communicate exclusively with LabCorp, shall relate directly to laboratory services being provided by LabCorp to Client and shall not be used by Client for any other purpose. Client is being provided the LDM System for the sole purpose of receiving LabCorp test results and use of Client patient demographics for test ordering via the LDM System. Client agrees it shall make no other use of the LDM System and agrees further to execute and abide by the terms contained in any additional agreement required by LabCorp or any LDM System software and hardware vendor.
It is the intent of the parties hereto to comply with all federal, state and local statutes, regulations and ordinances, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), Section 1877 of the Social Security Act (commonly known as the “Stark Provisions”) and the anti-kickback provisions set forth in the fraud and abuse sections of 42 U.S.C. 1320(a), as well as and any regulations issued thereunder and any applicable similar state laws and regulations. The parties agree that pursuant to these Terms, LabCorp shall only provide items, devices, or supplies that are used solely to order or communicate the results of, tests or procedures provided for Client, and that any benefit, consideration or remuneration conferred upon Client by virtue of these Terms is not conditioned upon the referral of Medicare or Medicaid testing to LabCorp.
Should either party reasonably conclude that any portion of these Terms is or may be in violation of such requirements or subsequent enactments by federal, state or local authorities, these Terms shall terminate immediately by written notice thereof to other party unless the parties agree to such modifications of these Terms as may be necessary to establish compliance with all federal, state, and local statutes, regulations and ordinances. Otherwise, if Client fails to comply fully with the requirements set forth in this Section C, LabCorp shall have the right to immediately remove the LDM System, demand repayment, and terminate these Terms.