1. Agreement
These terms govern your use of the ComplyWell website and service. By using either, you accept them. If you are agreeing on behalf of an agency, you confirm you have authority to do so.
2. What the service is
ComplyWell monitors compliance-related requirements and documentation status for hospice, home health, skilled nursing, dialysis and opioid treatment agencies, and notifies the people responsible. Every requirement is reported in one of three states: All clear, Action due as the deadline nears, and Past due once it has passed. Which rules run, and on what timing, is configured by your agency.
3. What the service is not
- Not clinical advice. Nothing produced by ComplyWell is a clinical judgment about a patient's care, eligibility, or prognosis.
- Not legal or regulatory advice. We are not your attorney or your compliance consultant.
- Not a guarantee. Using ComplyWell does not guarantee that your agency will pass a survey, avoid a deficiency, or avoid a claim denial.
- Not a medical record. ComplyWell is not an electronic medical record and is not a system of record for patient care.
- Not a replacement for your own oversight. Your agency remains fully responsible for meeting the Medicare Conditions of Participation and all other requirements that apply to it.
4. Your responsibilities
- Provide accurate information, and keep the list of clinicians and their contact details current.
- Configure the rules and thresholds appropriately for your agency.
- Review what ComplyWell reports and act on it. A notification that nobody reads changes nothing.
- Maintain your own independent compliance oversight.
- Ensure you have the legal right to share with us any information you send.
- Send the data each subscribed area depends on. ComplyWell reads scheduled exports from
your own systems and reports against what it receives. Specifically:
- Medicare & Medicaid requires a current census and visit or encounter data.
- HIPAA & Privacy and OSHA require a staff roster with training and health surveillance dates.
- Keep your account credentials secure and tell us promptly if you suspect they have been compromised.
5. Protected health information
Where the service processes protected health information, a signed Business Associate Agreement governs that relationship and takes precedence over these terms wherever the two conflict. Until such an agreement is signed, do not send us any patient information.
6. Pilot programs
Agencies participating in a pilot use the service without charge. Pilot features are under active development, may change, and may occasionally be unavailable. Pilot participants agree to give us feedback, and we agree to be straightforward about which capabilities are live and which are in progress at any given time. Either side may end a pilot with fourteen days' written notice.
7. Fees
Paid plans are billed as set out in your order. Fees are payable in advance and are non-refundable except where the law requires otherwise or where we have failed to provide the service. We will give at least thirty days' notice before any price change.
8. Availability
We aim to keep the service running continuously but we do not promise uninterrupted availability. Maintenance, vendor outages, and events outside our control can interrupt it. We will give notice of planned maintenance where we reasonably can.
9. Our intellectual property
The ComplyWell software, rules, designs, and written content are ours. You get a non-exclusive, non-transferable right to use the service while your agreement is in force. You may not copy, resell, reverse-engineer, or build a competing product from it.
10. Your data
Your data stays yours. We claim no ownership of it. We use it only to provide the service to you and as set out in the Privacy Policy and any Business Associate Agreement. We may use aggregated, fully de-identified information — information that cannot be traced to any patient, clinician, or agency — to improve the service.
11. Limitation of liability
To the fullest extent the law allows, our total liability arising from the service is limited to the fees you paid us in the twelve months before the claim. For pilot participants who have paid nothing, that limit is one hundred United States dollars. We are not liable for indirect, incidental, or consequential losses, including lost revenue, denied claims, or survey outcomes.
Nothing here limits liability that cannot be limited by law, including liability for fraud or for our own gross negligence or willful misconduct.
12. Indemnity
You agree to cover us against claims arising from your misuse of the service, your breach of these terms, or your sending us information you did not have the right to send.
13. Ending the agreement
Either side may end the agreement on thirty days' written notice. We may suspend the service immediately if it is being misused in a way that risks harm or breaks the law. On termination we delete your data as described in the Privacy Policy and confirm the deletion in writing.
14. Changes to these terms
We may update these terms. Material changes will be notified to client agencies directly and the date at the top will change. Continuing to use the service after that means you accept the revised terms.
15. Governing law
These terms are governed by the laws of the State of California. Disputes will be resolved in the state or federal courts located in San Diego County, California.
16. Contact
Questions about these terms go through our contact page.