Prepaid Sleep Test Credits – Compliance Terms
1. Purpose of Credits
The prepaid credits (“Credits”) purchased under this Agreement represent prepaid access to TipTraQ device usage and platform processing for home sleep testing. Credits do not include clinical interpretation, diagnosis, medical advice, or any services that constitute the practice of medicine, which remain solely the responsibility of the Provider or a qualified interpreting physician designated by the Provider.
(a) Credits Not Stored Value
Credits constitute prepaid access to a service and do not represent stored value, cash, deposits, gift cards, electronic value, or any form of monetary instrument. Credits have no cash value, do not accrue interest, and are not redeemable for cash.
(b) No Financial Obligation Created
The purchase of Credits does not create any fiduciary, escrow, custodial, or financial obligation on the part of PranaQ. Credits represent only the right to redeem a defined service during the applicable validity period.
2. No Inducement / Compliance With Laws
PranaQ and the Provider agree that:
(a) The pricing, discounts, and purchase of Credits are not intended to induce or reward referrals of patients, items, or services reimbursable by federal or state healthcare programs.
(b) The Agreement is structured and shall be interpreted to comply with all applicable laws, including the Federal Anti-Kickback Statute (42 U.S.C. §1320a-7b), the Stark Law, and any state anti-inducement, fee-splitting, or fraud-waste-abuse regulations.
(c) Each party shall independently determine medical necessity, ordering decisions, and patient care without regard to any financial arrangement between the parties.
3. Fair Market Value (FMV)
(a) The pricing of Credits reflects fair market value for the device usage, data processing, and platform access provided, and is not based on the volume or value of referrals or expected reimbursements.
(b) Credit pricing may vary among customers based on legitimate business factors, including:
- order volume,
- contracted term length,
- deployment scale,
- service configuration,
- support requirements, or
- other commercially reasonable considerations.
(c) Such pricing variations shall not be based on, nor take into account, the volume or value of referrals, tests ordered, or reimbursement amounts related to any federal or commercial healthcare program.
4. Credit Usage and Expiration
(a) Each Credit may be redeemed for one home sleep test usage, consistent with the device’s standard multi-night testing capability.
(b) Credits are valid for twelve (12) months from the date of purchase unless otherwise agreed in writing.
(c) Credits not redeemed within the validity period shall automatically expire and have no further value.
(d) Expired Credits are not eligible for refund, extension, reinstatement, conversion, or application to future purchases.
(e) PranaQ has no obligation to notify or remind the Provider of unused Credits or upcoming expirations.
(f) Credit expiration is not affected by changes in the Provider’s staffing, patient demand, workflow, or business operations.
(g) Credit expiration remains valid despite updates or enhancements to the PranaQ platform, provided the Provider retains the ability to redeem Credits consistent with the terms in effect at the time of purchase.
5. No Guarantee of Reimbursement
(a) PranaQ makes no representations regarding reimbursement for any sleep tests performed using the Credits.
(b) The Provider is solely responsible for confirming applicable payer policies, ensuring billing and coding compliance, and determining whether HSAT is medically appropriate for each patient.
(c) Use of Credits shall not be tied to reimbursement success, payer behavior, or test volume.
6. No Clinical Interpretation Included
(a) Credits cover device usage, recording, and platform data processing only.
(b) They do not include clinical interpretation, scoring by a licensed sleep physician, medical recommendations, or prescription services.
(c) Providers are responsible for ensuring that a qualified professional interprets all test results in compliance with state and federal regulations.
7. Independent Medical Judgment
(a) The Provider retains full and independent medical judgment over patient selection, diagnostic pathways, clinical interpretations, and subsequent treatment decisions.
(b) PranaQ does not influence, direct, or participate in any clinical decision-making.
8. Modification or Suspension of Credits
PranaQ may modify credit structures or pricing with advance written notice, but shall honor all Credits previously purchased under their original terms for the applicable validity period.
9. No Exclusivity
Purchase of Credits does not create any exclusivity arrangement, minimum ordering requirement, or obligation to purchase additional services.
10. Entire Agreement
These terms govern all prepaid Credits purchased by the Provider and are incorporated by reference into the parties’ Master Terms of Use Agreement.