Salia Health - Terms of Use

1. Introduction and Agreement to Terms.

Welcome to Salia Health, LLC (“Salia”), a direct-pay medical network and operating model purpose-built for fully self-insured (“FSI”) employers. These Terms and Conditions, which include our Privacy Policy, govern your access to and use of the Salia network (the “Salia Network”), Salia Website (“Salia Website”), and Salia application (the “Salia App”) (together, the “Services”).

By enrolling as a member and accessing the Salia Network or Salia App, you agree to be bound by these Terms and Conditions (the “Terms”). Please read them carefully.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these terms. These Terms are subject to change, and your continued use of the Services following the posting of changes will mean you accept and agree to the changes.

Further, by agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence (i.e., that you are not a minor).

2. Eligibility.

Eligibility is determined by your employer’s participation in Salia’s program. Access to services requires active employment (or dependent status) with a participating employer.

3. No Insurance Coverage.

Salia is not an insurance company, insurance administrator, or claims processor. Instead, Salia provides access to a network of providers who agree to deliver medical services at transparent, discounted rates. Your employer facilitates access to the Salia Services, and you may choose to use these services as an alternative to or alongside your existing insurance plan.

Salia is not enrolled with any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any healthcare and, as such, neither you, Salia, nor its providers may receive payment from such programs for the services or products provided to you. Further, to the extent that any of the Labs, Pharmacies, or Providers may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Services typically precludes such services and products from being covered benefits under these programs. By choosing to use the Salia Network or Salia App, you are specifically choosing to obtain products and services on a cash basis outside of any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you. Likewise, Salia’s fees are not covered by insurance and, therefore, our fees should not be submitted as claims to insurance. You agree not to submit for insurance reimbursement any fees associated with your purchase of Salia services and to instead make direct payment to Salia.  You will bear any and all liability for the improper submission of claims to your insurance.

Membership in Salia does not satisfy any legal requirement for health insurance coverage.

4. User Registration, Accounts, and Responsibilities.

The Salia App is the primary gateway for member access, provider search, eligibility verification, and navigation. You agree to use the Salia App to confirm provider eligibility and access discounted rates, as well as to use the Services in good faith and avoid misuse, fraud, or abuse of the Salia Network or Salia App.

When you register an account with Salia, you agree to provide accurate, current, and complete information and to timely provide any updates to your information. You are responsible for all activities that occur under your account. You must safeguard the confidentiality of your account information. Salia reserves the right to suspend or terminate accounts that are used in a manner that is deceptive, fraudulent, or violates these Terms.

5. Description of Services and Scope.

Salia provides access to a network of providers who agree to deliver medical services at transparent, discounted rates. Salia provides access to the Salia Network through the Salia App. Availability of services is subject to provider participation and geographic location. Salia makes reasonable efforts to maintain an updated directory in the Salia App but does not guarantee that all providers are always available.

Salia also provides a platform that facilitates health and telehealth services through the Salia App by connecting patients with independent healthcare practitioners. Services are available only through Salia-contracted providers as displayed in the Salia App.

Salia uses both in-person and telehealth models. Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person care in all cases. To use the telehealth services on the Salia App or through the Salia Network, you must be physically located in the state of Arizona at the time of the telehealth encounter. You will also be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Telehealth Consent”) that will be provided to you via the Salia App. You agree that Salia is a third-party beneficiary of the Patient Telehealth Consent and has the right to enforce it against you.

Salia itself is not a healthcare provider, and any independent practitioners that are part of the Salia Network are solely responsible for the medical services they provide. If your employer has a self-insured health plan with 50 or more participants, Salia is a business associate of any independent practitioners in the Salia Network and maintains Business Associate Agreements with each.

Salia partners with Availity, LLC, a HIPAA-compliant clearinghouse, to facilitate claim submission and payment between providers and your employer’s plan. As set forth in Section 3, Salia does not handle insurance claims, collect premiums, or administer or participate in government-funded insurance programs.

6. User Conduct and Obligations.

You commit to using Salia’s services for lawful purposes only and in a manner that does not infringe on the rights of, restrict, or inhibit anyone else’s use and enjoyment of Salia. Prohibited activities include harassing or causing distress or inconvenience to any other user or provider, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within Salia.

Salia reserves the right to refuse service to anyone for any reason at any time. This service is not appropriate for all patients or conditions.

7. Independent Practitioner Services.

Healthcare practitioners engaged via Salia are independent professionals and not employees or agents of Salia. As such, Salia does not control or interfere with their professional judgment. Salia does not guarantee the availability, quality, suitability, or results of any healthcare service provided by these practitioners and is not liable for their actions.

Salia does not control or interfere with the practice of medicine by the contracted providers, each of whom is solely responsible for directing the medical care, laboratory testing, and/or treatment they provide to you. By accepting these Terms, you acknowledge and agree that Salia is not a healthcare provider and that by using Salia’s services, you are not entering into a doctor-patient or other healthcare provider-patient relationship with Salia. By using Salia’s services, you may, however, be entering into a doctor-patient or other healthcare provider-patient relationship with one or more providers.

Further, Salia does not control or interfere with any professional service provided by any labs or pharmacies, each of which is solely responsible for their provision of professional services rendered via Salia’s services.

8. Intellectual Property Rights and Use Restrictions.

All content, trademarks, logos, and service marks displayed on the Salia App, Salia website, or other Salia materials are owned by or licensed to Salia and are protected by copyright and other intellectual property laws. Your use of Salia does not grant you ownership of any content, data, or materials you may access on or through the platform.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Salia services or products, use of or access to the Salia Network or Salia App, or any contact on the website or Salia App through which the service is provided, without express written permission by Salia.

9. Data Privacy and Security.

Your privacy and the security of your data are of utmost importance. Salia’s Privacy Policy, as part of these Terms, outlines how Salia collects, uses, protects, and discloses your information. Salia complies with applicable data protection laws, including HIPAA and HITECH where applicable, and strives to use industry-standard security measures to protect your information.

Salia collects and processes certain personal and health information for eligibility, navigation, and analytics purposes. Your information may be shared with participating providers, your employer, and Availity for purposes of facilitating care and claims. Please review Salia’s Privacy Policy for details on data usage and protections.

10. Disclaimers and Limitation of Liability.

You acknowledge that you are using the Salia Network, Salia App, and Services at your own risk. The Salia Network, Salia App, and services are provided “as is,” and to the full extent permitted by applicable law, Salia, its affiliates and its third-party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, non-infringement, merchantability, or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. Salia, its affiliates, and its third-party service providers do not represent or warrant that access to the Salia Network, Salia App, or services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of SaliaHealthcare.com.

Salia, its affiliates, and its third-party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of these Terms and Conditions, the provision of services hereunder, your access to or inability to access the Salia Network, the Salia App, or Services, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the Salia Network or Salia App information or materials available through third-party sites linked to the Salia App, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

You hereby agree to release Salia, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“Claims”), arising out of or in any way connected with your use of the Salia Network, Salia App, or the services, including any claims for medical malpractice, provider negligence, or outcomes resulting from services received.

Salia makes no representation that the Salia App is appropriate, available, or legal in any particular location. Those who choose to access the Salia App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Indemnification.

You agree to indemnify, defend, and hold harmless Salia, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account by you or any other person accessing the service using your account.

12. Changes to Terms.

Salia reserves the right to change these Terms and Conditions at any time. Your continued use of Salia following the posting of changes will mean you accept and agree to the changes. These Terms may not be modified except by a written agreement that is signed by an authorized representative of Salia.

13. Governing Law and Jurisdiction.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Arizona. Any disputes arising under or in connection with these Terms shall first be addressed through Salia’s member services. Unresolved disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, subject to the exclusive jurisdiction of the courts in the state of Arizona. This agreement is governed by the laws of Arizona, regardless of any conflict of laws rules.

14. Severability and Waiver.

These Terms constitute the entire agreement between you and Salia concerning the services and supersede any oral or written statements made by or to you. If any part of these Terms is deemed invalid or unenforceable, the remaining parts will remain in full effect. Failure by Salia to enforce any right or provision of these Terms is not a waiver of its right to do so later.

15. Termination of Services.

Your access to the Services will terminate automatically if your employer ceases participation in Salia or upon your separation from employment. Salia’s contracted providers will make reasonable efforts to assist with facilitating continuity of care.

Salia reserves the right to terminate your access to the Services for conduct Salia believe violates these Terms or is harmful to other users, to Salia, or to third parties. Salia will provide written notice of its intent to terminate your access and will make reasonable efforts to assist with facilitating continuity of care.

16. Communications with Providers.

By accepting these Terms, you acknowledge and agree that providers may send you messages, reports, and emails regarding your diagnosis and/or treatment. You understand and agree that Salia is not responsible for the security or privacy of communications services you use to receive the aforementioned messages, reports, and emails sent. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Salia nor any provider will be responsible in any way and you will not hold Salia and/or any provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the provider(s).

17. No Assignment or Transference of Rights.

These Terms and Conditions are personal to you. You will not assign or otherwise transfer any of your rights, or delegate, subcontract, or otherwise transfer any of your obligations or performance, under these Terms and Conditions.  Any attempt to assign, delegate, or transfer in violation of this paragraph is void.  Salia may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under these Terms and Conditions.  These Terms and Conditions are binding upon and inure to the benefit of the member(s) and Salia and their respective permitted successors and assigns.

18. State-Specific Privacy Rights.

State consumer privacy laws may provide their residents with additional rights regarding Salia’s use of their personal information. California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia provide (now or in the future) their state residents with rights to:

• Confirm whether Salia processes their personal information;
• Access and delete certain personal information;
• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah);
• Data portability;
• Opt-out of personal data processing for targeted advertising (excluding Iowa); sales; or profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah); and
• Either limit (opt-out of) or require consent to process sensitive personal data.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. However, please know Salia does not currently sell data triggering that statute’s opt-out requirements.

The exact scope of these rights may vary by state. To exercise any of these rights please contact Salia at webmaster@saliahealthcare.com. Salia is committed to honoring these rights and will not discriminate against any consumer for exercising their privacy rights.

19. Contact Information for Further Inquiries

For questions or concerns about these Terms and Conditions, please contact Salia at webmaster@saliahealthcare.com. Our customer service team is available to address any inquiries you may have regarding our services.