Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of MedSupp.co. The collective work includes works that are licensed to MedSupp.co. Copyright 2003, MedSupp.co ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with MedSupp.co or purchasing MedSupp.co products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with MedSupp.co or to purchase MedSupp.co products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by MedSupp.co. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of MedSupp.co used in the site are trademarks or registered trademarks of MedSupp.co


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, MedSupp.co disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. MedSupp.co does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. MedSupp.co does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
MedSupp.co shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if MedSupp.co has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a MedSupp.co product is mistakenly listed at an incorrect price, MedSupp.co reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. MedSupp.co reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, MedSupp.co shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by MedSupp.co without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
MedSupp.co may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to MedSupp.co.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of MedSupp.co products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of MedSupp.co products) must be commenced within one (1) year after the claim or cause of action arises. MedSupp.co's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. MedSupp.co may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MedSupp.co or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
MedSupp.co does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, MedSupp.co is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, MedSupp.co reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to MedSupp.co in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless MedSupp.co, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, MedSupp.co may link to sites operated by third parties. However, even if the third party is affiliated with MedSupp.co, MedSupp.co has no control over these linked sites, all of which have separate privacy and data collection practices, independent of MedSupp.co. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, MedSupp.co seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).


Medical Information Authorization
I hereby authorize release of my Medical Records to ROCKY MOUNTAIN MEDICAL SUPPLY Inc. (the provider/ RMMS) I also authorize the provider to furnish to my insurance carrier(s), any medical history, services rendered, or treatment needed in order to process insurance claims related to the equipment/services provided.

Assignment of Insurance Benefits
I request that payment of authorized insurance benefits be made on my behalf to the provider for any items or services furnished to me by the provider. I understand that when my insurance company does not accept "Assignment of Benefits", payments may be sent directly to me from my insurance company. I understand that I am obligated to endorse and directly send such payments to the provider for payment of my bill, deductibles, and/or co-pays.

Financial Responsibility
It has been explained to me and I fully understand that I am responsible to the provider for all charges not covered by my insurance. I understand that if my insurance company, employer, or any other third party payer refuses to pay the rental and/or purchase price(s) of the above items, or delays payment beyond 90 days of my receipt of the item(s), or in the event that I have no insurance coverage or third party payer, that I will be responsible for said payments and will make prompt reimbursement within 30 days of notification by the provider for all charges.

Acceptance of Equipment/Services
I understand that by signing this agreement, I authorize provision of products and/or services to me by the provider. I also understand that the products and services provided are prescribed by a physician and that I must remain under his/her supervision during the course of my care. The equipment and/or supplies are not intended to be used as a life-support device, nor will the provider or manufacturer assume any responsibility for the success or failure of any treatments administered by this device. The provider, Distributor's and/or Manufacturer's liability shall be limited to repair or replacement.

Mission Statement
To provide our customers with the service, equipment and support they need to improve their quality of life. To put our customers first and provide outstanding service based on ethical family values.

Hours of Operation / After-Hours Emergency Service
Rocky Mountain Medical Supply, Inc. maintains regular business hours at its location for patients/clients. These hours are conspicuously posted at the business location. Staff members are available for telephone customer service during posted business hours. Regular business hours: 8:00am to 4:00pm Monday through Friday
Call 911 if you have a medical emergency. We offer an after-hours emergency service to our patients/customers. We forward our phone to a trained staff member's cell phone for after hour services. Our goal is to respond to all emergency calls within 30 minutes after receipt from the voicemail/call. (If you do not receive a call back within 30 minutes please call 303-960-7800 or 303-691-2373

Resolving Complaints
The patient has the right to freely voice grievances and recommend changes in care or services without fear of reprisal or unreasonable interruption of services. Service, equipment, and billing complaints will be communicated to management and upper management. These complaints will be documented in the Complaint Log, and completed forms will include the patient's name, address, telephone number, and health insurance claim number, a summary of the complaint, the date it was received, the name of the person receiving the complaint, and a summary of actions taken to resolve the complaint. All complaints will be handled in a professional manner. All logged complaints will be investigated, acted upon, and responded to in writing or by telephone by a manager within a reasonable amount of time after the receipt of the complaint. If there is no satisfactory resolution of the complaint, the next level of management will be notified progressively and up to the president or owner of the company. The patient will be informed of this complaint resolution protocol at the time of set-up of service.

Return / Exchange Policy
We understand that exchanging and returning products is often a frustrating experience. Rocky Mountain Medical Supply strives to make the process a simple and straightforward one. Because of the nature of medical supplies and equipment usage, returns are limited to 30 days after purchase date. To help facilitate the return, bring the original receipt as well as a photo ID for all exchanges, returns, and/or warranty repairs service.
Limitation for Refunds or Exchanging
Unopened, unworn, or unused items may be returned for refund or exchange. Opened or defective items may be returned for exchange of same item or credit given toward one of equal or greater value.
Non-Returnable Items
o Labor, delivery, and/or installation services
o Item that is damaged or abused
o Diabetic supplies
o Consumable item such a foods and drinks
o Item that is missing accessories
o Opened items that are sterile
o Special orders items cannot be refunded or exchanged, unless vendor will take item back with restocking fee Restocking Fee.
A restocking fee is applicable on all purchased items, unless fee is prohibited by law. 25% for opened, dirty or used items and 40% for special orders items
Patient Rights & Responsibilities
Patient Rights:
I. The patient has the right to considerate and respectful service.
II. The patient has the right to obtain service without regard to race, creed, national origin, sex, age, disability, diagnosis or religious affiliation.
III. Subject to applicable law, the patient has the right to confidentiality of all information pertaining to his/her medical equipment service. Individuals or organizations not involved in the patient's care may not have access to the information without the patient's written consent.
IV. The patient has the right to make informed decisions about his/her care.
V. The patient has the right to reasonable continuity of care and service.
VI. The patient has the right to voice grievances without fear of termination of service or other reprisal in the service process
VII. The patient has the right to refuse service at any time, for any reason. (Note: Certain items are subject to physician approval prior to discontinuation.)
Patient Responsibilities:
I. The patient should promptly notify the equipment supplier of any equipment failure or damage.
II. The patient is responsible for any equipment that is lost or stolen while in their possession and should promptly notify the equipment supplier in such instances.
III. The patient should promptly notify the equipment supplier of any changes to their address, telephone or insurance carrier. The patient should promptly notify the equipment supplier of any changes concerning their physician.
IV. The patient should notify the equipment supplier of discontinuance of use.
V. Except where contrary to federal or state law, the patient is responsible for any equipment rental and sale charges which the patient's insurance company/companies does not pay.
VI. The patient should promptly notify the equipment supplier of admittance to hospice care, a hospital, a skilled nursing facility or home health care.
Medicare Notice: for Capped Rental and Routine Purchase items: Medicare requires the provider notify the beneficiary of capped rental and inexpensive or routinely purchased items for services on or after January 1, 2006. Although RMMS currently does not provide rental services it is important to notify our patients about rental regulations.
CAPPED RENTAL ITEMS: Medicare will pay a monthly rental fee for a period not to exceed 13 months after which ownership of the equipment is transferred to the Medicare Beneficiary if all payments, co-payments and deductibles have been paid. After ownership, the equipment is transferred to the Medicare beneficiary; it is the Beneficiary's responsibility to arrange for any required equipment service or repair. Examples of this type of equipment include: Hospital Beds, Wheelchairs, Alternating Pressure Pads, Air-fluidized Beds, Nebulizers, Suction Pumps, Continuous Airway Pressure (CPAP) devices, Patient Lifts, & Trapeze Bars.
INEXPENSIVE OR ROUTINELY PURCHASED ITEMS: Equipment in this category can be purchased or rented; however, the total amount paid for monthly rentals cannot exceed the fee schedule purchase amount. Examples of this type of equipment include: Canes, Walkers, Crutches, Commode Chairs, Pressure and Positioning Pads, Home Blood Glucose Monitors, Seat Lift Mechanisms, and Traction Equipment.

CMS MEDICARE DMEPOS SUPPLIER STANDARDS
Note: This is an abbreviated version of the supplier standards every Medicare DMEPOS supplier must meet in order to obtain and retain their billing privileges. These standards, in their entirety, are listed in 42 C.F.R. 424.57(c).
I. A supplier must be in compliance with all applicable Federal and State licensure and regulatory requirements and cannot contract with an individual or entity to provide licensed services.
II. A supplier must provide complete and accurate information on the DMEPOS supplier application. Any changes to this information must be reported to the National Supplier Clearinghouse within 30 days.
III. An authorized individual (one whose signature is binding) must sign the application for billing privileges.
IV. A supplier must fill orders from its own inventory, or must contract with other companies for the purchase of items necessary to fill the order. A supplier may not contract with any entity that is currently excluded from the Medicare program, any State health care programs, or from any other Federal procurement or non-procurement programs.
V. A supplier must advise beneficiaries that they may rent or purchase inexpensive or routinely purchased durable medical equipment, and of the purchase option for capped rental equipment.
VI. A supplier must notify beneficiaries of warranty coverage and honor all warranties under applicable State law, and repair or replace free of charge Medicare covered items that are under warranty.
VII. A supplier must maintain a physical facility on an appropriate site. This standard requires that the location is accessible to the public and staffed during posted hours of business. The location must be at least 200 square feet and contain space for storing records.
VIII. A supplier must permit CMS, or its agents to conduct on-site inspections to ascertain the supplier's compliance with these standards.
IX. A supplier must maintain a primary business telephone listed under the name of the business in a local directory or a toll free number available through directory assistance. The exclusive use of a beeper, answering machine, answering service or cell phone during posted business hours is prohibited.
X. A supplier must have comprehensive liability insurance in the amount of at least $300,000 that covers both the supplier's place of business and all customers and employees of the supplier. If the supplier manufactures its own items, this insurance must also cover product liability and completed operations.
XI. A supplier must agree not to initiate telephone contact with beneficiaries, with a few exceptions allowed. This standard prohibits suppliers from contacting a Medicare beneficiary based on a physician's oral order unless an exception applies.
XII. A supplier is responsible for delivery and must instruct beneficiaries on use of Medicare covered items, and maintain proof of delivery.
XIII. A supplier must answer questions and respond to complaints of beneficiaries, and maintain documentation of such contacts.
XIV. A supplier must maintain and replace at no charge or repair directly, or through a service contract with another company, Medicare-covered items it has rented to beneficiaries.
XV. A supplier must accept returns of substandard (less than full quality for the particular item) or unsuitable items (inappropriate for the beneficiary at the time it was fitted and rented or sold) from beneficiaries.
XVI. A supplier must disclose these supplier standards to each beneficiary to whom it supplies a Medicare-covered item.
XVII. A supplier must disclose to the government any person having ownership, financial, or control interest in the supplier.
XVIII. A supplier must not convey or reassign a supplier number; i.e., the supplier may not sell or allow another entity to use its Medicare billing number.
XIX. A supplier must have a complaint resolution protocol established to address beneficiary complaints that relate to these standards.
XX. A record of these complaints must be maintained at the physical facility.
XXI. Complaint records must include: the name, address, telephone number and health insurance claim number of the beneficiary, a summary of the complaint, and any actions taken to resolve it.
XXII. A supplier must agree to furnish CMS any information required by the Medicare statute and implementing regulations.
XXIII. All suppliers must be accredited by a CMS-approved accreditation organization in order to receive and retain a supplier billing number.The accreditation must indicate the specific products and services, for which the supplier is accredited in order for the supplier to receive payment of those specific products and services (except for certain exempt pharmaceuticals). Implementation Date - October 1, 2009.
XXIV. All suppliers must notify their accreditation organization when a new DMEPOS location is opened.
XXV. All supplier locations, whether owned or subcontracted, must meet the DMEPOS quality standards and be separately accredited in order to bill Medicare.
XXVI. All suppliers must disclose upon enrollment all products and services, including the addition of new product lines for which they are seeking accreditation.
XXVII. Must meet the surety bond requirements specified in 42 C.F.R. 424.57(c). Implementation date- May 4, 2009.
XXVIII. A supplier must obtain oxygen from a state- licensed oxygen supplier.
XXIX. A supplier must maintain ordering and referring documentation consistent with provisions found in 42 C.F.R. 424.516(f).
XXX. DMEPOS suppliers are prohibited from sharing a practice location with certain other Medicare providers and suppliers.
XXXI. DMEPOS suppliers must remain open to the public for a minimum of 30 hours per week with certain exceptions

NOTICE OF PRIVACY INFORMATION PRACTICES
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN ACCESS THIS INFORMATION. State and federal laws require healthcare providers to implement policies and procedures to safeguard the privacy of your health information. This notice describes our privacy practices and applies to all of your health information created and/or maintained at our company, including any information that we receive from other health care providers, the ways in which we may use or disclose your health information and your rights and our obligations regarding any such uses or disclosures.
We may use or disclose your health information for:
I. Treatment: to provide you with health care treatment and services. We may disclose your health information to personnel who are involved in your health care.
II. Payment: to accurately bill and collect payment from you, your insurance company, or another third party for the health care services you receive from our company.
III. Health care operations: to perform administrative functions necessary to operate our company and to make sure that our customers receive quality care.
We may use or disclose your health information for other specific purposes with your written authorization. You may revoke a written authorization at any time and we will no longer use or disclose your health information for the purposes identified in the authorization. We may use or disclose your health information with your verbal agreement to family and friends who are involved in your care or help pay for your care or in disaster relief efforts for the purpose of notifying your family or friends of your condition. State and federal regulations either require or permit other uses or disclosures of your health information without your permission. These may include the following: public health activities, health oversight activities such as audits & licensure inspections, requirements of federal, state or local law, law enforcement officials, national security & intelligence activities and Worker's Compensation or Military & Veterans if pertinent to you.
You have the following rights regarding your health information which we create and/or maintain:
I. You have the right to inspect and copy health information that may be used to make decisions about your care. Generally, this includes medical and billing records, but does not include psychotherapy notes.
II. You have the right to request an amendment if you feel that the health information we have about you is incorrect or incomplete. We may deny your request if you ask us to amend information that was not created by us or is determined to be accurate and complete.
III. You have the right to request an accounting of the disclosures which we have made of your health information. This accounting will not include disclosures that supported treatment, payment, or health care operations.
IV. You have the right to request a restriction or limitation on the health information we use or disclose about you for treatment, payment, or health care operations. You also have the right to request a limit on the health information we disclose about you to specific persons, such as a family members or friends, who are involved in your care or in the payment of your care. We are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide emergency treatment to you.
V. You have the right to request that we communicate confidentially with you about your health care in a certain way or at a certain location.
a. For example, you can ask that we only contact you at work or by mail.
VI. To exercise any of your rights under this section, contact the Director of our company.
VII. If you believe your privacy rights have been violated, or you need more information regarding your rights, please contact our privacy officer or the secretary of the Department of Health and Human Services as follows. You will NOT be penalized for filing a complaint.