need proformas of contracts

anubhav swarup (Querist) 22 January 2010 This query is : Resolved
If I want to open a Medical Tourism Company I need to make some contracts which are mentioned below:-

1. Patient contract with Indismile

2. Employees contract with Indismile

3. Hospital signs with Indismile

4. Service providers/ travel co./relaxation and other service provider signs with Indismile.

As per my knowledge I have mentioned some points that are to be considered at the time of drafting the above mentioned contracts:-

For contract No.1(Patient Conract with the company):-

Ø Exclude the company of all liabilities

Ø Patient signs HIPAA disclosure agreement

Ø States that he is aware of the data security measures in place and excludes the company of any liability arising out of data loss/theft

Ø States that he is aware of all risks involved.

Ø States that he is aware of all pros and cons of choosing a particular hospital and doctor.

Ø States that he is aware of all pros and cons of the journey to India.

Ø States that he has provided all correct information, if not his insurance will not be honored

Ø States that he plans to go to India for purposes mentioned in this contract.

Ø States that he is aware of the Forex transfer rules.

Ø States that he excludes the company of all implied and non-implied liabilities.

Ø States that he understands each and every part of the trip as mentioned in the contract and fully agrees with each of them.

Ø States that he is aware of all the financial implications and costs and agrees to bear it himself/through his dependents.

Ø States that he will be responsible for all the company equipment and will return all the equipment to the company in the same condition as provided to him.

Ø States that he is aware of all the details of the Clements Insurance and agrees to abide by the terms and conditions.

Ø States that he is aware of all the details of the medical loan provided to him

Ø States that he is aware that local arbitration laws/rules will apply outside of the US

Ø States that he is aware of all terms of travel Insurance provided

Ø States that he is totally sane and is not under any kind of pressure.

Ø Signs in front of a witness.

Ø Signs also needed by immediate family members to exclude the company of all liabilities.

Ø Governing laws of Lucknow city will apply.

For contract No.2(Employee contract with the company):-

Ø Information non-disclosure agreement with Employees

Ø State that they will not disclose any information about the patient or company to anyone, in any way.

Ø State that they will not engage in any unethical transactions on behalf of the company.

Ø State that they will not engage in any kind of misconduct while on the company premises or while representing the company.

Ø No alcohol consumption while on duty.

Ø No sexual misconduct while on/not on duty.

Ø Their employment can be terminated at any time by the company.

Ø They might be asked to perform some official duties beyond their job description like travel to foreign countries, different cities in India, etc.

Ø Do not engage in any activity detrimental to the company’s image, mission, ethics and values.

Ø In case of any issues between employees and the company, Governing laws of Lucknow will apply.

For contract No.3(MoU with Hospitals):-

Ø Chosen doctor needs to have VC with patient. Any number of replies through emails will be honored.

Ø Agrees to pay the company 10% of the amount billed to a patient. Agrees to pay as soon as they get paid.

Ø Agrees to not divulge any client specific information to anyone who does not have a need to know for medical reasons.

Ø Agrees to provide a procedure slot within 2 months of the agreement of contact by the patient.

Ø Agrees to not charge anything to the company/Patient if patient does not like the facilities provided before admission. In this case the procedure and contract for the particular patient will stand cancelled.

Ø Agrees to provide a copy of the final bill to the company.

Ø In case of any legal arbitration, hospital will help the company with all case relevant data, documents, transcripts,

Ø Repatriation of remains will be handled by hospital. All the possessions of patient will be handed over to immediate relatives or the company representatives.

Ø In case a complication arises due to negligent behavior demonstrated by hospital/its staff, any costs arising out of the further medical expenses will be borne by the hospital.

Ø Agrees to provide all case papers whenever requested by the company for a patient facilitated by the company.

Ø Agrees that the company Medical Officers may tour their facility after a certain notice.

Ø Agrees that the company may use its logo, doctors, hospitals on website without any further permission from the hospital.

Ø Agrees that affiliates of the company are allowed to use the hospital logo, doctors and other hospitals information for marketing purposes.

Ø In case of any issues between hospital and the company, the governing laws of Lucknow city will apply.

For Contract No.4 (MoU with Ralaxation service providers/Hotels/Travel/ Applicable to all Svc providers) :-

Ø Any number of replies through emails will be honored.

Ø Agrees to pay the company 10% of the amount billed to a patient. Agrees to pay as soon as they get paid.

Ø Agrees to not divulge any client specific information to anyone.

Ø Agrees to not charge anything to the company/Patient if patient does not like the facilities provided before admission. In this case the contract for the particular patient will stand cancelled.

Ø Agrees to provide a copy of the final bill to the company.

Ø Agrees that the company Officers may tour their facility after a certain notice.

Ø Agrees that the company may use its logo, doctors, hospitals on website without any further permission from them.

Ø Agrees that affiliates of the company are allowed to use their logo and other details for marketing purposes.

Ø In case of any issues between Provider and MTF, the governing laws of MTF city (Lko) will apply.

I request all you honourable people to help me out and povide me with the required proformas.plz feel free to amend or add any more points that are required.

I will be really greatful.

Thanks & Regards,
ANUBHAV SWARUP

Follow Query

Report Abuse