This Agreement describes the terms of membership in the Cure MedicalCare services.
1. Service Amenities
Cure Medicalcare P.C. operates a Concierge Services Medical Practice known as Cure Medicalcare (“Cure Medicalcare”) providing certain professional medical services as well as certain additional services, enhancements and amenities to Program subscribers and other persons who have enrolled in Cure Medicalcare (“Program Members”), and in connection therewith has entered into that certain Management Services Agreement (“Cure Medicalcare Agreement”), with Cure Medical Management, LLC, a company that facilitates certain non-medical aspects of the Cure Medicalcare.
Cure Medical Management, LLC provides premier service amenities as an adjunct to Cure Medicalcare P.C.’s health care services available in California. The service amenities currently offered by the Cure Medicalcare are listed on the attached schedule, which may change from time to time.
In accepting this Agreement, Program Member understands, agrees and covenants that this is a service contract, and not a contract for insurance.
2. Monthly Fees
The current Monthly Fees for the Program are as follows:
$99 for Individual Membership
Membership is non-transferable. Upon prior written notice to a Program Member, Cure Medicalcare may add or modify the Program Services set forth in the Schedule of benefits, as reasonably necessary, and/or adjust the Monthly Fees as may be reasonably necessary.
3. Payment of Monthly Fees
The Monthly Fee covers a one-month membership, which is renewable monthly upon payment of the Monthly Fee at the beginning of each month. The Program Member agrees to pay the invoiced Membership Fee upon receipt of invoice via auto pay by placing a credit card on file.
4. Health Care Services Excluded Monthly Fee
Program Member acknowledges that the Program Services are services that are not covered services under any insurance contract to which Program Member may be a party, including, without limitation, Medicare, and are not reimbursable by a Program Member’s insurer, health plan or any governmental entity, including Medicare. The Monthly Fee covers the cost of the service amenities and does not cover the cost of any health care services. You (or your insurance company) will be financially responsible for all health care services received from Cure Medicalcare physicians and staff. Cure Medicalcare will bill your health insurance for those health care services furnished to you that are covered by such insurance. You are financially responsible for any health care services you receive that are not covered by your insurance. You agree to provide Cure Medicalcare with your current health insurance information.
You must notify Cure Medicalcare as soon as possible of any changes in your health insurance policy. Nothing in this Agreement supersedes or modifies the terms or conditions of any agreements relating to your insurance.
5. Co-Payments and Non-Covered Services
CureMedicalCare will not assess or collect co-payments, co-insurance or deductibles for Cure Health Care Benefits and will not bill your insurance for such services.
6. Electronic Communication
Program Member acknowledges that electronic communications with the Physician are not secure or confidential methods of communications. As such, Program Member expressly waives the Physician’s obligation to guarantee confidentiality with respect to correspondence using such means of communication. Program Member acknowledges that all such communications may become a part of Program Member’s medical records. By providing Program Member’s email address, Program Member authorizes Cure Medicalcare to communicate with Program Member by email regarding Program Member’s “protected health information” (PHI) (as that term is defined in the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and it’s implementing regulations). Program Member acknowledges that:
- Email is not a secure medium for sending or receiving PHI and a third party will have access;
- Although the Provider will make all reasonable efforts to keep email communications confidential and secure, neither Cure Medicalcare nor the Provider can assure or guarantee confidentiality of email communications;
- Cure Medicalcare nor the Physician can assure or guarantee confidentiality of email communications;
- In the discretion of the Physician, email communications may be made a part of Program Member’s permanent medical record; and,
- Program Member understands and agrees that email is not an appropriate means of communication regarding emergency or other time-sensitive issues or for inquiries regarding sensitive information. In the event of an emergency, or a situation in which the Program Member could reasonably expect to develop into an emergency, Program Member shall call 911 or the nearest Emergency room, and follow the directions of emergency personnel.
If Program Member does not receive a response to an e-mail message, Program Member agrees to use another means of communication to contact the Physician. Neither Cure Medicalcare nor the Physician will be liable to Program Member for any delay related to email communication.
Program Member may terminate this Agreement and Program Member’s participation in Cure Medicalcare at any time for any reason upon 30 days prior written notice to the Program. Cure Medicalcale P.C. may terminate this Agreement and Program Member’s participation in the Program at the end of the currently paid month upon prior written notice to you – if any of the following occur
- Program Member fails to pay the Monthly Fee or charges for health care services when due
- Program Member fails to abide by the terms and conditions of applicable insurance coverage
- Program Member fails to abide by the policies of Cure Medicalcare P.C and the Cure Medicalcare
- Program, or your physician ceases to participate in the Cure Medicalcare Program and you and Cure Medicalcale P.C. are not able to reach agreement on a replacement physician for you.
8. Independent Medical Judgement
Notwithstanding anything to the contrary contained in this Agreement or in the Cure Medicalcare Agreement, Cure Medicalcare P.C. retains full and free discretion to, and shall, exercise his/her professional medical judgment on behalf of Program Member with respect to medical services rendered to Program Member, and nothing in this Agreement shall be deemed or construed to influence, limit or affect a physician’s independent medical judgment with respect to Cure Medicalcare P.C.’s provision of medical services to Program Member and Program Member’s medical treatment.
9. Change of Law
If there is a change in any state or federal law, regulation or rule or interpretation thereof, which affects this Agreement or the activities of either party under this Agreement, and either party reasonably believes in good faith that the change will have a substantial adverse effect on that party’s rights or obligations under this Agreement, then that party may, upon written notice, require the other party to enter into good faith negotiations to renegotiate the terms of this Agreement. If the parties are unable to reach an agreement concerning the modification of this Agreement within thirty (30) days after the date of the notice seeking renegotiation, then either party may terminate this Agreement by written notice to the other party.
10. No Liability
Except as required by applicable law, neither Cure Medicalcare nor any of Cure Medicalcare’s agents, consultants or representatives shall be liable to Program Member for any damages or liability arising out of or related to this Agreement. In any event, each parties’ liability under the Agreement, shall be limited to amount that is equal to the aggregate Membership Fees paid by the Program Member during the twelve-month period preceding the date on which the claim arises. In no event will any party be liable for any indirect, consequential, special or punitive damages of any kind, whether arising in contract, tort, strict liability or otherwise, to the full extent permitted by the applicable law arising out of or related to the Agreement.
If for any reason any provision of this Agreement shall be deemed, by a court of competent jurisdiction, to be legally invalid or unenforceable in any jurisdiction to which it applies, the validity of the remainder of the Agreement shall not be affected, and that provision shall be deemed modified to the minimum extent necessary to make that provision consistent with applicable law and in its modified form, and that provision shall then be enforceable.
This Agreement, and any rights Program Member may have under it, may not be assigned or transferred by Program Member.
No amendment of this Agreement shall be binding on a party unless it is made in writing and signed by all the parties. Notwithstanding the foregoing, the Physician may unilaterally amend this Agreement to the extent required by federal, state, or local law or regulation (“Applicable Law”) by sending You 30 days advance written notice of any such change. Any such changes are incorporated by reference into this Agreement without the need for signature by the parties and are effective as of the date established by Cure Medicalcare P.C. Moreover, if Applicable Law requires this Agreement to contain provisions that are not expressly set forth in this Agreement, then, to the extent necessary, such provisions shall be incorporated by reference into this Agreement and shall be deemed a part of this Agreement as though they had been expressly set forth in this Agreement.
14. Legal Significance
Program Member acknowledges that this Agreement is a legal document and creates certain rights and responsibilities. Program Member also acknowledges having had a reasonable time to seek legal advice regarding the Agreement and has either chosen not to do so or has done so and is satisfied with the terms and conditions of the Agreement.
This Agreement shall be construed without regard to any presumptions or rules requiring construction against the party causing the instrument to be drafted. Captions in this Agreement are used for convenience only and shall not limit, broaden, or qualify the text.
16. Entire Agreement
This Agreement contains the entire agreement between the parties and supersedes all prior oral and written understandings and agreements regarding the subject matter of this Agreement.
This Agreement shall be governed and construed under the laws of the State of California and all disputes arising out of this Agreement shall be settled by arbitration within proper venue and jurisdiction for Cure Medicalcare P.C. address in Irvine, California.
All written notices are deemed served if sent to the address of the party as entered in the practice Electronic Health Record by first class U.S. mail.
Schedule of Benefits
Cure Medicalcare currently offers the following service amenities which may change from time to time:
Health Care Services Included in the Monthly Fee
|Health Care Services||Description|
Annual Health Assessment
Comprehensive evaluation to establish current health status and develop wellness goals
On-Site Annual Testing
CBC, Lipid, TSH, A1C, UA, CMP, Vit D, PSA, FOBT, EKG
Unlimited Follow Up Visits
Ongoing assessment and management of health status. Update of wellness goals
Additional Lab Tests
All common lab tests included. Specialized testing at discount or through insurance
Referrals for Imaging and Specialists
Coordinate external health services and expedite access
Preventative Care and Wellness
Personalized screening plan – prostate cancer, colon cancer, breast cancer, cervical cancer, depression, osteoporosis, glaucoma, tuberculosis
Influenza, COVID vaccine
Member Program Benefits
- Mobile Clinic at a location requested by Program Member, provided that such location is within Cure Medicalcare’s service area.
- Access to portal that facilitates telehealth services and access to medical records
- Custom Wellness Plan
- Enhanced access to your Cure MedicalCare provider through email or messaging via patient portal. Program Member understands and agrees that email and the internet should never be used to access medical care in the event of an emergency, or any situation that Program Member could reasonably expect may develop into an emergency. Program Member agrees that in such situations, when a Program Member cannot speak to provider immediately in person or by telephone, that Program Member should call 911 or the nearest emergency medical assistance provider, and follow the directions of emergency medical personnel.
- Personalized assistance with appointment scheduling and reminders
* The Physician may from time to time, due to vacations, continuing medical education, illness, emergencies, or days off, and other similar situations, not be available to provide the services referred to above. During such times, Cure Medicalcare will make every effort to arrange for coverage but cannot guarantee such coverage of the services of an appropriate licensed healthcare provider for assistance in obtaining medical services. Program Member shall be given instructions as to how to contact such healthcare provider.
- No Wait or Minimal wait Appointments: Every effort shall be made to assure that Program Member is seen by the Physician immediately upon arriving for a scheduled office visit or after only a minimal wait. If Physician foresees a minimal wait time, Program Member shall be contacted and advised of the projected wait time.
- Same Day/Next Day Appointments: When Program Member calls or emails the Physician prior to noon on a normal office day (Monday through Friday) to schedule an appointment, every reasonable effort will be made to schedule an appointment with the Physician on the same day. If the Program Member calls or emails the Physician after noon on a normal office day (Monday through Friday) to schedule an appointment, every reasonable effort will be made to schedule Program Member’s appointment with the Physician on the following normal office day. Whenever possible, Cure Medicalcare shall make every reasonable effort to schedule an appointment for the Program Member on the same day that the request is made.
- Home or Office Visits: Program Member may request that the Physician see a Program Member in Program Member’s home or office, and in situations where the Physician considers such a visit reasonably necessary and appropriate, he will make every reasonable effort to comply with Program Member’s request.
Visitors: Medical services rendered to Program Member’s visitors, if they are family members* temporarily visiting a Program Member from out of town may, for a two- week period. Medical services shall be charged on a fee-for-service basis.
Referral to Specialists: Cure Medicalcare will coordinate with medical specialists to whom Program Member is referred to assist Program Member in obtaining specialty care. Program Member understands that fees paid under this Agreement do not include and do not cover specialists’ fees or fees due to any medical professional.
- Invitations to health-related presentations by Cure Medicalcare physicians and professionals
- Direct contact with Cure Medicalcare staff during regular office hours