These Videos were created by a licensed and certified Home Health Agency for Educational purposes only. They were submitted to the OIG for an Advisory Opinion in 2006. They were approved by the OIG in 2007 for use with Orthopedic Patients using Medicare/Medicaid services in the Advisory Opinion No. 07-16 under the following Arrangement.
The Arrangement required the Agency to obtain Referrals from Surgeons and/or their Staff for patients scheduled to have Total Joint Surgery, to contact and remind patients of their right to choose a provider, and then to make arrangements to receive the Video. As long as this Arrangement is followed, the Videos are allowed to be provided by the Agency.
The Advisory Opinion referred to Section 1128A(a)(5) of the Social Security Act (the “Act”) and Section 1128(b)(7) of the Act or the civil monetary penalty (CMP) provision at Section 1128A(a)(7) of the Act, as those sections relate to the commission of acts described in Section 1128B(b) of the Act, the anti-kickback statute.
Neither medical advice nor diagnoses are given in the Videos. Patients are advised to consult with their Physicians, Nurses, and Therapist for clinical advice on issues discussed in the Videos.
LIMITATIONS OF LIABILITY
Under no circumstances shall Home Health Agency ("HHA") be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if HHA has been advised of the possibility of such damages), resulting from any aspect of your use of the HHA site or the Videos, whether the damages arise from use or misuse of the HHA site or the Videos, from inability to use the HHA website site or Videos. These limitations shall apply to the fullest extent permitted by law.
INDEMNITY
You agree to indemnify and hold HHA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use or nonuse of the Videos or website, your breach of any of the representations and warranties herein, or your violation of any rights of another.
