Objectives for Engagement:

The Client seeks to outsource some OSHA and HIPAA compliance functions to Dental Compliance Specialists (herein “DCS”) who will work collaboratively to develop and implement OSHA/ Infection Control and HIPAA/ HITECH Compliance Systems.


DCS will provide one (1) in-office visit annually for the client as outlined in this agreement to provide:
1.    Mock OSHA/ Dental Board inspections;
2.    Completion of annual chemical inventory and create/ maintain MSDS/SDS;
3.    HIPAA audit and Risk Analysis (required at least annually);
4.    Detailed written record of audit findings, corrective actions (completed by DCS and to be completed by dental practice) and Risk Management recommendations.


Ongoing Out-Of-Office Services include:
1.    Updates to OSHA/ Infection Control and HIPAA/ HITECH/ HB 300 to account for regulatory and DCS Compliance System changes;
2.    Access to employee OSHA Safety and HIPAA Compliance training via DCS Compliance Hub (dedicated training website);
3.    OSHA Safety Coordinator and HIPAA Compliance Officer training;
4.    Access to DCS Compliance and Support Staff (helpline);
5.    Monthly member’s only news journal delivered to the dental practice;
6.    Access to DCS Compliance website where practice staff will find webinar recordings, government meeting recordings, compliance forms, and other resources referenced in our news journal.


Deliverables include:
1.    Customized OSHA Compliance System (including personalized Bloodborne Pathogens Exposure Control Plan, Hazard Communication Plan, Infection Control Plan, Tuberculosis Control Plan, Emergency Action Plan and Fire Safety Plan) to help the dentist and staff organize and maintain a sound OSHA/ Infection Control compliance program;
2.    Updated chemical inventory list and SDS (completed SDS book);
3.    Customized HIPAA/ HITECH/ HB 300 Compliance System (including personalized HIPAA Privacy policies and procedures, HIPAA Security policies and procedures, Breach policies and procedures, Breach Risk Assessment log and risk assessment evaluation forms, and Annual Risk Analysis and self-inspection forms). Also includes forms personalized for the practice including Notice of Privacy Practices, patient acknowledgments, Authorizations, and more) to help the dentist and staff organize and maintain a sound HIPAA compliance program.
4.    Compliance checklists mailed to practice each month.


Fee for Services

1st office          $397/ month or $4367/ year (annual payments save you $397/ year) +/ **

2+ offices        $347/ mo. or $3817/ year per office (annual payments save you $347/ year) +/ **

+ above fees based on 1 dentist practice. Our fee is $97/ mo. for each additional dentist in the practice
** client to estimated travel expenses outside Dallas, Denton, Tarrant and contiguous counties


Duration of Contract

24 months from date contract signed by all parties
 

Terms and Conditions

1.    Confidentiality. Dental Compliance Specialists, their consultants and other workforce members agree to keep all findings of this assessment and subsequent services confidential in addition to any business processes, patient and employee information. Outside a court order, no information will be released to a third-party without the client’s express authorization.
2.    Communication. Dental Compliance Specialists may communicate directly with the dental practice.
3.    HIPAA/ HITECH (Medical/dental record privacy requirements). To ensure compliance with HIPAA regulations DCS will enter into a Business Associate agreement with the client. DCS complies with HIPAA regulations (and related state requirements). We have substantial safeguards to protect the confidentiality of our clients and any patient records that we audit.
4.    Disclaimer. Services provided by Dental Compliance Specialists are designed to provide information on compliance with State and Federal Regulations. It is sold with the understanding that neither the auditor, Dental Compliance Specialists nor Duane Tinker is engaged in rendering legal or accounting services. If legal or accounting advice is warranted, the services of an appropriate professional should be sought.
5.    Legal Advisory. Though Dental Compliance Specialists maintains strict confidentiality standards any information regarding our clients, absent prior representation of client by legal counsel, may be subject to discovery should the company receive a lawful order to produce documents or testimony.  You may retain DCS through your legal counsel. Work product for your attorney may be protected under work-product privilege and attorney client privilege. Unless retained by your attorney prior to the engagement it is likely that none of the information obtained during an audit may be privileged or protected.
6.    Place of Performance. The services to be performed pursuant to this authorization may be rendered at any one or more suitable locations selected by Dental Compliance Specialists and the Client.
7.    Performing Provider. Services will be rendered by Duane Tinker or assigned representative of Dental Compliance Specialists.  
8.    Patents and Copyrights. Should Dental Compliance Specialists during the term of this authorization conceive or invent, either on the basis of information provided by or otherwise with the assistance of Client, any process, device, or other innovation subject to patent or copyright, Dental Compliance Specialists shall be entitled to apply for, receive and own any patent or copyright which may issue covering any of the aforesaid; provided, however, that Client shall have no rights in applying for and obtaining such patent or copyright. Client shall have no property or other rights therein, and any patent or copyright issues with respect to any such process, device or innovation shall be and remain the sole and exclusive property of Dental Compliance Specialists.
9.    Operational Responsibilities. It is understood and agreed that Dental Compliance Specialists will not undertake any operating responsibilities in connection with this engagement and will serve only in an advisory capacity, providing recommendations to Client. Dental Compliance Specialists provides, in good faith, information regarding the state and federal rules and regulations relating to dentistry.
10.    Fees/Expenses/Taxes. Client agrees to pay Dental Compliance Specialists fees as indicated above unless otherwise agreed. Payments are made in advance, not in arrears. For services provided beyond this agreement Dental Compliance Specialists will billed $250 per hour (to be paid by dental practice unless otherwise agreed). Services provided outside this agreement will be established and agreed in advance.
11.    License. Dental Compliance Specialists will install a system that may include manuals, forms and checklists to facilitate ongoing compliance efforts. The client is licensed for the use of our system for the location/ dental office/ address appearing at the top of this contract. Our system may not be duplicated, shared, copied, or otherwise recreated or distributed without express written permission from Dental Compliance Specialists. Our materials are copyrighted and we will enforce any violations of this agreement.
12.    Accuracy. Our experts strive to ensure the information provided is accurate and up-to-date. While every effort has been made to make the information presented as complete and accurate as possible, it may contain errors, omissions or information that was accurate as of its publication, but subsequently has become outdated by marketplace or industry changes or conditions, new laws or regulations, or other circumstances. Neither Dental Compliance Specialists nor Duane Tinker or his subsidiaries, heirs, agents, employees, contractors, sub-contractors or their partners, subsidiaries or heirs accepts any liability or responsibility to any person or entity with respect to any loss or damage alleged to have been caused, directly or indirectly, by the information, ideas, opinions or other content provided by said compliance services.
13.    Payment. Dental Compliance Specialists’ invoices for agreed upon fees and expenses shall be due and payable on or before the engagement date. In the event of cancellation of this contract the Client will be responsible for any travel expenses incurred by Dental Compliance Specialists.
14.    Term/Cancellation. This term of the contract is 24 months. The client can cancel the contract without fee and without penalty within 10 days of entering into this agreement. If the client wishes to cancel the contract, after the initial 10-day period, the Client can end the contract by providing written notice and by paying 3 times the monthly fee for whichever program they are enrolled. If the contract is pre-paid (annual payment) the prorated amount will be remitted to the client.
15.    Auto-Renewal. The contract will auto-renew at the end of the term. The Client will be notified and will able to cancel within 60-days of the renewal date without penalty after which the contract will be cancellable according to aforementioned cancellation policy.
16.    Disputes. In the event any payment due Dental Compliance Specialists is collected at law or through an attorney-at-law, or under advice there-from, or through a collection agency, Client agrees to pay all costs of collection, including, without limitation, all court costs and reasonable attorney’s fees.
17.    Limitation of Liability. Dental Compliance Specialists liability for any action or issue arising out of services provided to the dental practice is limited to twice the total amount of this contract.
18.    Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the state of Texas. Venue for any dispute relating to this Agreement shall be in Tarrant County, Texas.
19.    Client Documents.  We will maintain all documents you furnished to us in our client files.  At the conclusion of our Dental Compliance Specialists - Client relationship, it is your (Client’s) obligation to advise which, if any, of the documents in our files you wish us to return.  We will keep a copy of these documents to the extent we believe advisable in our records.  We will retain any remaining documents in our files for a certain period of time and ultimately destroy them in accordance with our record retention program schedule then in effect.  Additionally under our policy, email and other electronic documents may be destroyed sixty (60) days from the date of their creation.  
20.     Grounds for Withdrawal.  We agree to provide you with reasonable and necessary compliance services in connection with your particular setting and/or circumstance.  Of course, we cannot promise or guarantee the successful outcome of any particular situation.  In addition, you, as well as us, have the right to terminate our professional relationship at any time.  In this regard, we expressly reserve the right to withdraw as your compliance consultant for any of the following reasons:  (A) nonpayment of fees, costs, and/or expenses in accordance with this letter; (B) failure to cooperate and comply fully with all reasonable requests of the company in reference to your compliance matters; (C) engagement in conduct which renders it unreasonably difficult for us to carry out our work; (D) if we learn that you have been involved in narcotics trafficking as part of the conduct under investigation; or (E) if we learn that you have continued involvement in fraud, waste or abuse of third-party payment programs or criminal or gross administrative violations (willful and/or neglectful participation).
21.    Acquisition of Dental Compliance Specialists contractor or employee. The client agrees to pay Dental Compliance Specialists a training fee of $25,000 if the client direct or indirectly hires or retains a Dental Compliance Specialists contractor or employee outside of a contract with DCS to provide compliance services, or train a third party to provide compliance services for the client’s organization. Such payment shall be remitted within 30 days of notice by DCS.
22.    Refusal/Declination of Services. The client may decline a particular aspect or part of the services offered by Dental Compliance Specialists. However, no discount or refund will be provided. The services are provided as a package.
 

By signing below you accept the aforementioned terms.

AGREEMENT FOR PROFESSIONAL SERVICES by DENTAL COMPLIANCE SPECIALISTS

 Compliance Advantage Program- Silver

Valid for DFW, Houston, Austin, San Antonio Areas
*for locations outside this area contact 817-755-0035

Name of Client:
Name of Practice:
Address:
            
             ,  

Office Phone:
Office E-mail:
Dentist Phone (for confidential communication):
Dentist E-mail (for confidential communication):