Financial Responsibility
Lifetime Assignment and Instruction for Direct Payment to Physician
Private and Group Accident and Health Insurance
Authorization to Release/Request Records
I hereby instruct and direct my Insurance Company to pay benefits by check made
and mailed out to: Total Spine 709 S Harbor City Blvd Ste 110, Melbourne, FL 32901.
The professional or medical expense benefits allowable and otherwise payable to me under my current insurance policy as payment toward the total charges for the professional service rendered. THIS IS A DIRECT ASSIGNMENT OF MY RIGHTS AND BENEFITS UNDER THE POLICY TO TOTAL SPINE FOR PAYMENT OF PROFESSIONAL SERVICES RENDERED. This payment will not exceed any indebtedness to the above-mentioned assignee, and I have agreed to pay, in a current manner, any balance of said professional service charges over and above the insurance payment. I assign to said clinic all rights a patient has under any contract of insurance for collection of the same. This also certifies the above-named individual agrees to pay in full for all professional services rendered at the time they are preformed, unless other arrangements are made in advance of the set
appointment. The below names guarantor understands a $35.00 returned check fee will be charged along with appropriate collection or attorney’s fees which may accrue upon collection of any outstanding balance.
ASSIGNMENT OF INSURANCE BENEFITS; APPOINTMENT OF AUTHORIZED REPRESENTATIVE; PRIVACY; PAYMENTS; APPOINTMENTS
Assignment of Insurance Benefits: Appointment as Legal Authorized Representative: I (i) assign all applicable health insurance payments and benefits, all rights and obligations that I and my dependents have under my health plan to Total Spine (“Provider”); (ii) authorize payment of authorized insurance benefits, including Medicare, if I am a Medicare beneficiary, be made on my behalf to Provider; and (iii) appoint Provider as my authorized representative (“Authorized Representative”) with the power to (i) file medical claims, appeals and grievances with the health plan; (iii) any necessary litigation and/or complaints against my health plan naming me as plaintiff in such lawsuits and actions if necessary (for me as guardian of the patient if the patient is a minor); and (iv) discuss and divulge any of my personal health information or that of my dependents with any third party including the health plan. I also understand that Provider is not responsible for the terms of the contracts which I have with my health benefit plan or insurance companies. I certify that the health insurance and coverage information I provided to Provider is accurate as of the date set forth below and that I am responsible for keeping it updated. I am fully aware that health insurance and/or Medicare coverage does not absolve me of my responsibility to ensure that my bills for professional services from Provider are paid in full. I also understand that (i) I am responsible for all amounts not covered by my health insurance and/or Medicare, including co-payments, co-insurance, deductibles and out of pocket; and (ii) with respect to Medicare/ Secondary Insurance, should my insurance or not pay all or part of the secondary balance, I am responsible for all remaining allowed charges.
ERISA Authorization:I designate, authorize and convey to my Authorized Representative to the full extent permissible under law
and under any applicable insurance policy and/or employee health care benefit plan: (i) the right and responsibility to act as my
Authorized Representative in connection with any claim, right or cause of action including litigation against my health plan (even
to name me as a plaintiff in such action) that I may have under such insurance policy and/or benefit plan; and (ii) the right and
ability to act as my Authorized Representative to pursue such claim, right or cause of action in connection with said insurance
policy and/or benefit plan (including but not limited to the right and ability to act my Authorized Representative with respect to a
benefit plan governed by the provisions of ERISA as provided in 29 CFR § 2560.503-1(b)(4) with respect to any health care
expense incurred as a result of the services I received from Provider and to the extent permissible under that law, to claim on my
behalf, such benefits, claims or reimbursements, and any other applicable remedy, including fines. This authorization will remain
in effect until revoked by me in writing. A photocopy of this Authorization shall be as effective and valid as the original.
Payment Policy: Out of Network Disclosure/Patient Acknowledgment of Responsibility:I understand that (i) Provider accepts
most forms of payments including checks, debit cards, credit cards and credit facilities like Care Credit and MedFin; (ii) Provider
reserves the right t charge 1.5% interest per month, compounded daily, after 90 days of non-payment on all outstanding
balances; (iii) credit cards and other revolving credit programs have charge back provisions to allow, for example, return of
purchased goods, but that such chargeback features are not appropriate at Provider, such that I waive my rights for chargebacks;
(iv) if a chargeback occurs, Provider may initiate legal action to recoup the charges and I will be responsible for all resulting legal
fees and other appropriate expenses to recoup the charges; and (v) Provider will assess a $50.00 fee on all checks that are
returned as unpaid. I understand that Provider is an out of network provider and that, consequently: (i) I am responsible for the
difference between charges and payments made by my health plan and any coinsurance, deductible and out of pocket required
by my health plan; and (ii) Provider cannot waive any such patient responsibility.
ASSIGNMENT OF INSURANCE BENEFITS, RELEASE & DEMAND
Insurer and Patient Please Read the Following in its Entirety Carefully!
I, the undersigned patient/insured knowingly, voluntarily and intentionally assign the rights and benefits of my
automobile Insurance, a/k/a Personal Injury Protection (hereinafter PIP), and Medical Payments policy of insurance to
the above health care provider. I understand it is the intention of the provider to accept this assignment of benefits in
lieu of demanding payment at the time services are rendered. I understand this document will allow the provider to
file suit against an insurer for payment of the insurance benefits or an explanation of benefits and to seek §627.428
damages from the insurer. If the provider’s bills are applied to a deductible, I agree this will serve as a benefit to me
and I authorize and request such litigation. This assignment of benefits includes the cost of transportation, medications,
supplies, overdue interest and any potential claim for common law or statutory bad faith/unfair claims handling. If the
insurer disputes the validity of this assignment of benefits, then the insurer is instructed to notify the provider in writing
within five days of receipt of this document. Failure to inform the provider shall result in a waiver by the insurer to
contest the validity of this document. The undersigned directs the insurer to pay the health care provider the maximum
amount directly without any reductions & without including the patient’s name on the check. To the extent the PIP
insurer contends there is a material misrepresentation on the application for insurance resulting in the policy of
insurance is declared voided, rescinded, or canceled, I, as the named insured under said policy of insurance, hereby
assign the right to receive the premiums paid for my PIP insurance to this provider and to file suit for recovery of the
premiums. The insurer is directed to issue such a refund check payable to this provider only. Should the medical bills
not exceed the premium refunded, then the provider is directed to mail the patient/named insured a check which
represents the difference between the medical bills and the premiums paid.
Disputes: The insurer is directed by the provider and the undersigned to not issue any checks or drafts in partial
settlement of a claim that contain or are accompanied by language releasing the insurer or its insured/patient from
liability unless there has been a prior written settlement agreed to by the health provider (specifically the office
manager) and the insurer as to the amount payable under the insurance policy. The insured and the provider hereby
contest and object to any reductions or partial payments. Any partial or reduced payment, regardless of the
accompanying language, issued by the insurer and deposited by the provider shall be done so under protest, at the risk
of the insurer, and the deposit shall not be deemed a waiver, accord, satisfaction, discharge, settlement or agreement
by the provider to accept a reduced amount as payment in full. The insurer is hereby placed on notice that this provider
reserves the right to seek the full amount of the bills submitted. Any effort by the insurer to pay a disputed debt as full
satisfaction must be mailed to the address above, after speaking with the office manager, and mailed to the attention
of the Office Manager. See 673.3111.
EUOs and IMEs: If the insurer schedules a defense examination or examination under oath (hereinafter “EUO”) the
insurer is hereby INSTRUCTED to send a copy of said notification to this provider. The provider or the provider’s
attorney is expressly authorized to appear at any EUO or IME set by the insurer. The health care provider is not the
agent of the insurer or the patient for any purpose.
EUOs and IMEs: If the insurer schedules a defense examination or examination under oath (hereinafter “EUO”) the
insurer is hereby INSTRUCTED to send a copy of said notification to this provider. The provider or the provider’s
attorney is expressly authorized to appear at any EUO or IME set by the insurer. The health care provider is not the
agent of the insurer or the patient for any purpose.
This assignment applies to both past and future medical expenses and is valid even if undated. A photocopy of this
assignment is to be considered as valid as the original. I agree to pay any applicable deductible, co-payments, for
services rendered after the policy of insurance exhausts and for any other services unrelated to the automobile
accident. The health care provider is given the power of attorney to: endorse my name on any check for services
rendered by the above provider; and to request and obtain a copy of any statements or examinations under oath given
by patient.
Release of Information: I hereby authorize this provider to: furnish an insurer, an insurer’s intermediary, the patient’s
other medical providers, and the patient’s attorney via mail, fax or email, with any and all information that may be
contained in the medical records; to obtain insurance coverage information (declaration sheet & policy of insurance)
in writing and telephonically from the insurer; request from any insurer all explanation of benefits (EOBs) for all
providers and non-redacted PIP payout sheets; obtain any written and verbal statements the patient or anyone else
provided to the insurer; obtain copies of the entire claim file and all medical records, including but not limited to,
documents, reports, scans, notes, bills, opinions, X-Rays, IMEs, and MRIs from any other medical provider or any
insurer. The provider is permitted to produce my medical records to its attorney in connection with any pending
lawsuits. The insurer is directed to keep the patient’s medical records from this provider private and confidential and
the insurer is not authorized to provide these medical records to anyone without the patients and the provider’s prior
express written permission.
Demand: Demand is hereby made for the insurer to pay all bills within 30 days without reductions and to mail the latest
non-redacted PIP payout sheet and the insurance coverage declaration sheet to the above provider within 15 days.
The insurer is directed to pay the bills in the order they are received. However, if a bill from this provider and a claim
from anyone else is received by the insurer on the same day the insurer is directed to not apply this provider’s bill to
the deductible. If a bill from this provider and claim from anyone else is received by the insurer on the same day then
insurer is directed to pay this provider first before the policy is exhausted. In the event of the provider’s medical bills
are disputed or reduced by the insurer for any reason, or amount, the insurer is to; set aside the entire amount disputed
or reduced; escrow the fill amount at issue; and most pay the disputed amount to anyone or any entity, including
myself, until the dispute is resolved by a Court. Do not exhaust the policy. The
insurer is instructed to inform, in writing, the provider of any dispute.
Certification: I certify that; I have read and agree to the above; I have not been solicited or promised anything in
exchange for receiving health care; I have not received any promises or guarantees from anyone as to the results that
may be obtained by any treatment or service; and I agree the provider’s prices for medical services, treatment and
supplies are reasonable, usual and customary
Caution: Please read before signing. Please ask to view a copy of our charges. If you do not completely understand this
document, please ask us to explain it to you. If you sign below, we will assume you understand and agree to the above.
Mutual Agreements, Consents and Resolution of Concerns
1) Privacy and Ratings Total Spine agrees not to provide medical information for the purpose of marketing directly to the Patient. Regardless of
legal privacy loopholes, Total Spine will never attempt to leverage its relationship with the Patient by seeking Patient’s
consent for marketing products for others. We want your feedback. If our office gets it right, tell us. If we could do
something better, tell us. We take quality improvement seriously. While there are scores of “rating sites” in cyberspace,
many fail to provide useful information. Let’s get it done right. We can make recommendations as to which sites follow
minimum standards for fairness and balance. Just ask us.
Total Spine has invested significant financial and marketing resources in developing the practice. Nothing in this
Agreement prevents a patient from posting commentary about Total Spine - our practice, expertise, and/or treatment - on
web pages, blogs, and/or mass correspondence. In consideration for treatment and the above noted patient protection, if
Patient prepares such commentary for publication on web pages, blogs, and/or mass correspondence about Total Spine,
the Patient exclusively assigns all Intellectual Property rights, including copyrights, to Total Spine, for any written, pictorial,
and/or electronic commentary. This assignment shall be effective at the time of creation (prior to publication) of the
commentary.
This Agreement shall be for a period of five years from Total Spine’s last date of service to the Patient. Total Spine requires
all patients in its practice to sign the Mutual Agreement to establish that any anonymous publishing or airing of
commentary will be covered by this agreement. Further, this Agreement will survive for a minimum of three years beyond
any termination of the Total Spine - Patient relationship.
Patient and Total Spine acknowledge that breach of this Agreement may result in serious, irreparable harm. Patient and
Total Spine agree to the right of equitable relief (including but not limited to injunctive relief). Should a breach of this
provision result in litigation, the prevailing party in the litigation shall be entitled to reasonable costs, expenses, and
attorney fees associated with the litigation.
2) Surgical Consent Modification
We recognize that you have a choice in receiving care. We take great pride in our reputation for providing the highest
levels of quality medical care to our patients. However, we realize there are times when some patients might not be
satisfied with the outcomes of their treatments. Every patient has a right to file a complaint with the Division of Medical
Quality Assurance, Board of Medicine. But that right is not unlimited. For example, those who file complaints in bad faith
can be subject to civil liability (Florida Statutes§ 456.073 (11). In the context of balancing your rights with those of the
physician, I, the patient, agree to the following:
a) If a complaint related to my care is ever filed (by my agent or me) with the Division of Medical Quality Assurance, I will
only do so in good faith, addressing matters only related to my health and welfare.
b) In particular, I understand that there are risks inherent to any surgical procedure and these risks have been explained to
me prior to the procedure. I have signed that consent voluntarily and with my free will. And I have had an opportunity to
ask questions and have them answered to my satisfaction. In that context, a complaint to the Division of Medical Quality
Assurance, founded on any such realized risks, unless there is clear and convincing evidence to the contrary, will be
construed as bad faith.
c) Next, should a complaint be filed with the Division of Medical Quality Assurance related to standard of care, I, the
patient, will explicitly request that the complaint be reviewed by a member of my specialty; that specialty being
Neurosurgery, Spinal Surgery, Orthopedic Surgery, Pain Management or Neurology d) Finally, should the complaint allege facts that can be disrupted by the clear medical record, I, the patient, will
voluntarily withdraw my complaint if that portion of the medical record is drawn to my attention. I will have the right to
inspect and review the medical record to correct any perceived error in the medical history. Such corrections must be
performed within two weeks of the treatment received.
3) Resolution of Concerns I understand that I am entering into a contractual relationship with Total Spine for professional care. I further understand
that meritless and frivolous claims for medical malpractice have an adverse effect upon the cost and availability of medical
care to patients and may result in irreparable harm to a medical provider. As additional consideration for professional care
provided to me by Physician, I, the patient/guardian and/or my representative, agree not to initiate or advance, directly or
indirectly, any false, meritless, and/or frivolous claim(s) of medical malpractice against Physician. Furthermore, should a
meritorious medical malpractice case or cause of action be initiated or pursued, I (the patient) and/or my representative
agree to use American Board of Medical Specialties (“ABMS”) board-certified expert medical witness (es) in the same
specialty as Physician. Furthermore, I agree that these expert witnesses will be members in good standing of and adhere
to the guidelines and/or code of conduct defined for expert witnesses by the American Board of Neurosurgery, American
Board of Interventional Pain Management, American Academy of Pain Management, American Board of
Electrodiagnostic Medicine, American Board of Physical Medicine and Rehabilitation, American Board of Orthopedic
Surgery and American Board of Psychiatry and Neurology. Patient/guardian and Physician acknowledge that monetary
damages may not provide an adequate remedy for breach of this Agreement. Such breach may result in irreparable harm
to Physician’s reputation and business. Patient/guardian and Physician agree in the event of a breach to allow specific
performance and/or injunctive relief.
4. Waiver Article 1, Section 21 of the Florida Constitution reads as follows: Access to court – The courts shall be open to every
person for redress of any injury, and justice shall be administered without sale, denial or delay. The Undersigned patient
understands and acknowledges that: I have been advised that signing this waiver releases an important constitutional
right; and I have been advised the I may consult with counsel before signing this waiver; and by signing this waiver I agree
that if any controversy arises out of or in any way relating to the current, future or past diagnosis, treatment, or care that I
have or will receive from Total Spine & Wellness, it’s physicians, agents or employees, the maximum amount of any noneconomic damages that can be awarded in any such action will be $250,000. This limit applies regardless of the number of
claimants or defendants in the proceeding. There is no limit on the amount of economic damages that a jury may award;
and I have three (3) business days following execution of this waiver in which to cancel this waiver; and I wish to engage
the medical services of Total Spine & Wellness, but I am unable to do so because of the provisions of the constitutional
limitation set forth above. In consideration of the physician or group of physicians’ agreements to provide medical services
to me and my desire to receive medical services from the physician or group of physicians listed below, I hereby knowingly,
willingly, and voluntarily waive the right, in an action in a court of law for any controversy, including any malpractice claim,
arising out of or in any way relating to the diagnosis, treatment, or care of the patient by Total Spine, including any
partners, agents, or employees of the physician, to recover non-economic damages in excess of $250,000; and I have
selected Total Spine as my physician group of choice in this matter and would not be able to retain their medical services
without this waiver; and I expressly state that this waiver is made freely and voluntarily, with full knowledge of its terms,
and that all questions have been answered to my satisfaction. I understand that this waiver will remain in effect for one
year from the date that I have signed this form.
Medical Records Release
I, the undersigned patient or person responsible for the patient, do hereby direct and authorize TOTAL SPINE &
WELLNESS, “TSW” to furnish my insurance company, attorney, personal physician, or any representative thereof, any
and all information which may be pertinent regarding my medical condition and medical treatment rendered to me.
1. I, the undersigned patient or person responsible for the patient, do hereby acknowledge that I am responsible for
the payment of fees for medical services rendered to me by TSW to act as my agent in assisting me to obtain
payment from my insurance company of bills for medical services rendered. I authorize and direct TSW, to furnish
upon request medical or other information necessary to process claims to any insurance company responsible for
payment of fees for medical services rendered on my behalf be TSW.
2. I, the patient or person responsible for the patient, do hereby authorize and direct that payment of bills for
medical services rendered by TSW, be made directly to TSW on my behalf. I permit a copy of this authorization to be
used in place of the original.
3. I hereby declare by my signature below that I read and understand all of the provisions above.
AUTHORIZATION TO TAKE AND USE PHOTOGRAPHS/VIDEO AND WAIVER AND RELEASE OF CLAIMS
I hereby grant Total Spine and Orthopedics, its directors, officers,
employees, agents, and designees (collectively “TSO”) non-revocable permission to capture my image and likeness in
photographs, videotapes, motion pictures, recordings, or any other media (collectively “Images”). I acknowledge that
TSO will own such Images and further grant TSO permission to copyright, display, publish, distribute, use, modify,
print and reprint such Images in any manner whatsoever related to TSO business, including without limitation,
publications, advertisements, brochures, web site images, or other electronic displays and transmissions thereof. I
further waive any right to inspect or approve the use of the Image by TSO prior to its use. I forever release and hold
TSO harmless from any and all liability arising out of the use of the Images in any manner or media whatsoever and
waive any and all claims and causes of action relating to use of the Images
Cancellation Seven (7) days or less from your surgery date will result in one hundred percent
(100%) loss of all fees paid to Total Spine & Wellness
Cancellation Eight (8) days or more from your surgery date will result in fifty percent (50%) loss of all fees paid to Total Spine & Wellness
Fees paid for surgery (which includes the surgeon’s fee, assistant surgeon’s fee, the operating room. facility fee, and the anesthesia fee) must be received in full by certified personal check, cashier’s check or credit card at least two (2) weeks prior to your surgery date.
To cancel an appointment, call Patient Services at (855) 614-7246. Each cancellation and /or “noshow” is tracked in our system and you will receive a cancellation number. Repeated cancellations or ‘noshows’ may require us to discharge you from the practice.