anubhav swarup
22 January 2010 at 18:18
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
Anonymous
22 January 2010 at 18:13
respecte sirs
i am new in proffessiion so how can i started carrier by right way or
Anonymous
22 January 2010 at 17:57
Hello Friends,
I need your help in identifying the various permits required for starting up publication a children magazine / comics series.
Option 1: Start up with the printing press directly after obtaining various permits, print the magazine, take this to market.
Option 2: Get the printing done from an outside agency (publishing house), sell the printed magazines directly in the market.
Also want to let you know that the proposed area of market is restricted only to a city.
need your inputs in fixing this legal procedures.
Thanks,
CA.Venkat.
HARVINDER SINGH ANAND
22 January 2010 at 17:19
Is a n.p.b.license holder required to seek permission from the licensing authority to sell his/her arms either to a licensed arms dealer or to a valid individual licensee.Or is he required only to inform the licensing authority 45 days prior to the sale of arms.
Regards
h s anand
HARVINDER SINGH ANAND
22 January 2010 at 17:16
Is a n.p.b.license holder required to seek permission from the licensing authority to sell his/her arms either to a licensed arms dealer or to a valid individual licensee.Or is he required only to inform the licensing authority 45 days prior to the sale of arms.
Regards
h s anand
anil kumar singh
22 January 2010 at 10:11
dear sir,
please tell me, how prepare the hjs exam & where get to the knowledge of the hjs vacancies.
thanks & regards.
anil kumar singh
9716163406
Anonymous
21 January 2010 at 17:28
why Suwarn Rajan is directing the members of this site to some other site and that to free!!!!!!!!!!!!!!!!!!!!!!!!!!!
Narender kumar
21 January 2010 at 14:40
My wife had taken loan from pvt bank and invested 1 lakh in Money Mantra Pvt Ltd company run by Mr Navin Sharma in Gurgaon/Dwarka. He promised to give monthly profit on the invested amount, but we received only 3 months and after that he ran away in Dec 2008. Recently we came to know that he is behind the bars by EOW. We have a bounced cheque of 1 lakh given by him. Is there any option to get back the invested money?
Similarly she had invested 1,34,000 in City Limouzines Nehru Place Delhi. Coy promised to give monthly profit on the invested amount, but we received it only 8 months and after that he ran away in Aug 2009. We have 3 bounced cheque of 7,775 each given by him. Coy had also given a share certificate duly signed by Notary of its property worth rupees 50,000 in Mumbai. Is there any option to get back the invested money?
Anki Reddy
21 January 2010 at 09:38
Dear Sir,
In April, 2007, ING Vysya Bank has sanctioned Rs. 70 lacks towards the Plot cum House construction on my property at the Servy no 1910, Rajeswari Layout, Kondapur, Hyderabad. Out of the sanctioned amount the ING Vysya Bank has released only Rs 29 lacks toward the PLOT of area 300 sq yards and stared collecting monthly interest on the released amount, they have collected the interest for 18 months. But later I came to know that the entire layout of 300 acres ((in which my PLOT is also exist)) has been submerged with some legal implications in the court ((understood that the legal case is been happening between the original land lards and Venture seller by then)).
However, The Govt Offices is not permitting to do construction in the entire layout in which my PLOT is also exists and hence I also could not do construction on my PLOT eventually I could not avail the rest of the balanced Loan amount of Rs. 41 lacks out of the original sanctioned Rs 70 lacks.
But ING Vysya Bank after collecting the interest for 18 months on the released amount suddenly they have started collecting EMI on the Total Loan Sanctioned amount of Rs 70 lacks via checks submitted by me at the time of Loan sanction (( by then one EMI on Rs 70 lacks was done)). Having known this I have stopped my check payments and requested ING Bank to collect the EMI for only released amount of Rs 29 lacks and also requested to reduce the interest rates from 12.5% to 9% because every banks has reduced the home loan interest to 8% in the present market situation. I might have requested ING Bank to reduce the interest part because I had been paying them at very high rate of interest.
Since then I have been personally attending the ING Vysya Bank at HimyatNagar, Hyderabad several time but their treatment and response is just not tolerable and they way the Bank people are acting on me is of quite indication that they have been Harassing me.
Yes!! as a customer I might have requested them to reduce the interest rate to 9% but the ING Bank people have misunderstood and started sending the Defaulter Notices to me saying that I have to pay the last 8 months EMI dues on Rs 70 lacks of sanctioned amount and the huge penalties of Rs.180000, all these changes were never told to me.
Instead of replying to my requisition letters…….they threaten me that they will sale the property if I do not pay the EMI on the sanctioned amount huge penalties by showing some laws and sections.
In the bottom line even today; I am wiling to pay the EMI on the released amount of Rs 29 lacks without any penalties which are not applicable to me. But some times I feel like a filing a CASE against ING People because for the last 8 months they are harassing me in face to face meetings and also via threatening letters.
An early response on my above request will be great help to me!!!
Thanks in advance.
Anki Reddy
cell:90000 81513
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primary/secondary evidence
dear friends,
the other day i was having a discussion with my friend regarding primary and secondary evidence.
going strictly by the book, a photograph apparently is considered as secondary evidence. during the course of our discussion, i suggested that where the character of a photograph is the question to be determined, it shall be regarded as primary evidence.
say, an obscene photo that is clicked of me violating privacy norms is put up on a public board. now when i take off the photo and file a suit against the person responsible for the act, wouldn't the photo be considered as primary evidence against his actions??? and only the photos clicked of the photo be secondary evidence???
my friend however argues that a photo no matter wat will remain secondary evidence.
i'm just out of law school and i'm not sure he's right... kindly post your opinions on it....