Legal

Terms of Service

Last Updated: January 2025

Please read these Terms of Service carefully before using TrakLien LLC's services. By accessing or using our services, you agree to be bound by these terms.

1. Acceptance of Terms

By accessing and using the services provided by TrakLien LLC ("TrakLien," "we," "us," or "our"), you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our services.

2. Services Description

TrakLien provides Revenue Cycle Management (RCM) services including but not limited to:

  • Medical billing and coding services
  • Accounts receivable management and collections
  • Lien management for Personal Injury and Workers' Compensation cases
  • Revenue cycle audits and consulting
  • Practice management support
  • Compliance and regulatory guidance

3. Client Responsibilities

As a client of TrakLien, you agree to:

  • Provide accurate, complete, and timely information required for service delivery
  • Maintain proper documentation of all patient encounters and services
  • Comply with all applicable federal and state healthcare regulations
  • Notify TrakLien promptly of any changes to your practice, providers, or payer contracts
  • Review and verify all reports, statements, and claims before final submission
  • Maintain professional liability insurance as required by law
  • Pay all fees in accordance with your service agreement

4. HIPAA Compliance and Confidentiality

TrakLien is fully committed to HIPAA compliance. We maintain strict confidentiality of all Protected Health Information (PHI) and patient data. A Business Associate Agreement (BAA) will be executed with all clients as required under HIPAA regulations.

Both parties agree to comply with all applicable provisions of the Health Insurance Portability and Accountability Act (HIPAA), the HITECH Act, and their implementing regulations.

5. Fees and Payment Terms

Service fees are outlined in your individual service agreement. Standard terms include:

  • Fees are typically based on a percentage of collections or flat monthly rate
  • Payment is due within 30 days of invoice date unless otherwise agreed
  • Late payments may incur interest charges as permitted by law
  • Setup fees, if applicable, are non-refundable
  • Fee adjustments require written agreement from both parties

6. Service Level and Performance

TrakLien strives to provide high-quality services and will:

  • Submit clean claims within 48 hours of receiving complete documentation
  • Follow up on unpaid claims within standard timelines
  • Provide regular reporting on practice performance and revenue cycle metrics
  • Respond to client inquiries within 1 business day
  • Maintain 98%+ clean claim submission rate

However, TrakLien cannot guarantee specific reimbursement amounts, collection rates, or payment timelines from third-party payers, as these are beyond our control.

7. Limitation of Liability

To the fullest extent permitted by law, TrakLien's liability for any claims arising from our services shall be limited to the fees paid by the client for services during the 3 months preceding the claim.

TrakLien shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

8. Term and Termination

Unless otherwise specified in your service agreement:

  • Services continue on a month-to-month basis
  • Either party may terminate with 30 days written notice
  • Upon termination, client remains responsible for all outstanding fees
  • TrakLien will assist with transition for up to 30 days post-termination
  • All client data will be returned or securely destroyed per your instructions
  • Confidentiality obligations survive termination indefinitely

9. Intellectual Property

All proprietary software, tools, templates, and methodologies used by TrakLien remain the exclusive property of TrakLien. Client data and medical records remain the property of the client and their patients.

10. Indemnification

Each party agrees to indemnify and hold harmless the other party from any claims, damages, or expenses arising from: (a) breach of these Terms, (b) violation of applicable laws, or (c) negligence or willful misconduct.

11. Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

  • Good faith negotiation between the parties
  • Mediation, if negotiation fails
  • Binding arbitration in Austin, Texas, if mediation fails

These Terms shall be governed by the laws of the State of Texas.

12. Modifications to Terms

TrakLien reserves the right to modify these Terms at any time. Material changes will be communicated to clients with at least 30 days notice. Continued use of services after changes take effect constitutes acceptance of the modified Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

14. Contact Information

For questions about these Terms of Service, please contact us:

TrakLien LLC

5900 Balcones DR 23173

Austin, TX 78731

Email: legal@traklienwc.com

Phone: (213) 669-1005