Medical Transcription Jobs India

venugopalarao · Joined: 22 Sep 2007 Posts: 83 Location: Hyderabad

Dear Friends,

Cany anyone tell about the status of Atlantica Exim from Delhi. He disappeared since one month. We worked for two months, but no payment from him and he is not lifting phone. He only gave one phone number and suddenly when he lifts the phone he says wrong number and disconnecting.

Total 90,000 rupees work until now done. His ID is atlantica_exim@yahoo.com 9911988105
_________________
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venugopalarao · Joined: 22 Sep 2007 Posts: 83 Location: Hyderabad

They breached this agreement. We are losing 90,000+ rupees.

MEDICAL TRANSCRIPTION SERVICES AGREEMENT

This Transcription Services Agreement (“Agreement”) is entered into at ___________________, on the __ day of ___________, 2008,

by and between

Atlantica Exim, a company incorporated under the laws of USA, having its registered office at C/O. 176 Pennsylvania Avenue, Alexander House, Washington, DC 20037.

and

____________________ having its principal place of business at ________________ (Provider)

A. wishes to contract transcription services to Provider, and Provider shall provide transcription services to ATLANTICA EXIM using the transcription facilities owned by Provider or to which it has access by way of contract.

B. ATLANTICA EXIM wishes to obtain transcription services from Provider to meet obligations to certain of its customers pursuant to written agreement between ATLANTICA EXIM and such customers.

C. ATLANTICA EXIM and Provider shall be referred to individually as “Party” and collectively as the “Parties”.

NOW, THEREFORE, in consideration of the mutual covenants, undertakings and agreements made, Provider and ATLANTICA EXIM agree as follows:

1. Confidentiality

The Parties have executed and delivered the Non Disclosure Agreement attached hereto as Exhibit A. Provider shall cause its employees, contractors and representatives to execute a confidentiality agreement in substantially the same form attached as Exhibit B. Provider shall indemnify ATLANTICA EXIM from and against any and all expenses, including, without limitation, legal fees and expenses that ATLANTICA EXIM may suffer or incur as a result of any breach of such Non Disclosure Agreements. In addition, and not in lieu of the foregoing, any breach of any such Non Disclosure Agreements shall be grounds for immediate termination of this Agreement.

2. Services

a. Provider shall perform contract medical transcription services for ATLANTICA EXIM pursuant to the terms of this Agreement.

b. Provider shall format and transcribe using a pitch type, type style and customized formats as provided for each specific facility by ATLANTICA EXIM.

c. Provider represents and warrants that it has taken all action necessary to execute and deliver this Agreement. Provider is a _______________ duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation in India.

d. Provider agrees that all finished transcribed work received by ATLANTICA EXIM shall be of professional quality and shall conform to agreed-upon quality standards set forth on Exhibit C attached hereto and shall be delivered within acceptable turnaround time as set forth on Exhibit C, and in the minimum amount agreed upon. Provider further agrees to any special and reasonable quality and document formatting requirements provided by ATLANTICA EXIM. ATLANTICA EXIM may reject and not pay for any finished transcribed work received that does not meet the standards set forth on Exhibit C.

e. Provider shall provide and maintain at its sole cost and expense dictation equipment (digital recorder), transcription processing equipment, computer equipment, software, interfaces, telephone, modems, Internet connectivity, hardware and disposable supplies and any other equipment necessary in order to fulfill its obligations and duties under this Agreement. Provider shall be responsible for all costs of telephone service incurred by its medical transcriptionists. Provider agrees to perform the transcription using ATLANTICA EXIM’s proprietary transcription software when asked to do so.

f. The services of Provider shall be phased out in two stages as follows:

i. Hand holding period:
During this period of maximum 30 days from the commencement of work:

· All finished transcribed work of Provider shall be quality evaluated by ATLANTICA EXIM.
· Expected accuracy should reach at least 98.5%.
· Provider shall cover a minimum volume of 4 hours (240 minutes) per day by the end of hand holding period.

ii. Regular ramp-up period:
This period shall begin after completion of the hand holding period and upon attaining the expected accuracy level in that period. During the ramp up period:

· Provider shall be allowed to ramp-up the monthly volume commensurate with its planned capacity.
· The maximum ramp up would be___ hours per day over a period of ___months.
· ATLANTICA EXIM shall conduct quality analysis for 5 – 10% deliverables of Provider every month on a random basis.
· Minimum accuracy level shall be maintained at 95%.

g. ATLANTICA EXIM shall provide an initial training to a maximum of two quality analysts of Provider.

h. Provider shall complete and return all dictation within stated turnaround time each day. Additional dictation beyond the maximum daily amount may be included in Provider’s work upon verbal instructions of ATLANTICA EXIM to Provider, which shall be followed by written instructions to the same effect to be communicated thereafter within a specifically agreed time for each such occurrence. Such additional work shall be considered temporary in nature as volumes of incoming work from ATLANTICA EXIM’s primary contracts fluctuate. Upon acceptance of additional work, Provider shall deliver additional work within acceptable turnaround time as set forth on Exhibit C.

3. Standard of Services

Provider agrees that its services hereunder shall be performed by competent and qualified transcriptionists. Provider shall be responsible for the supervision of training of such transcriptionists.

4. Relationship of Parties

The relationship between ATLANTICA EXIM and Provider is that of independent contractor. No partnership, joint venture, employment or similar arrangement exists between the Parties.

5. Payment for Services

ATLANTICA EXIM shall pay Provider according to mutually agreed upon price. The rate is revisable from time to time depending upon the performance of the candidate(s).

Each line shall comprise 65 characters. A character is defined as any transcribed character represented by ASCII codes 0-127.

Provider shall be responsible for billing all transcription services rendered to ATLANTICA EXIM. The payment as above shall be inclusive of all direct or indirect taxes, charges or levies which may be levied now or at any time in future by any Government Authority in India (whether Central or State Government or any local authority). Monthly billing cycles shall be the first day through the last day of each month. Invoices shall be presented to ATLANTICA EXIM for payment within thirty (30) business days following the end of each billing cycle. Provider shall furnish verification of lines (billing log itemizing line counts). The line count software and methodology shall be approved by ATLANTICA EXIM. Provider shall submit invoices on a monthly basis by email to:

ATLANTICA EXIM Global Inc.
Attn: Mr Anil Sethi
Email: pvs_infotek@rediffmail.com

6. Customers of ATLANTICA EXIM

ATLANTICA EXIM shall from time to time forward a list of customers for which Provider has provided the services. During the term of this Agreement and for a period of three (3) years after its termination, Provider shall not, directly or indirectly (other than under this Agreement), provide medical transcription services to, or solicit business from, any such customer of ATLANTICA EXIM for whom Provider has provided services. In addition, during the term of this Agreement and for a period of three (3) years after its termination, Provider shall not hire, engage or solicit for hire or engagement, any medical transcriptionist who works for (or within the last 24 months prior to the time of solicitation of hire worked for) ATLANTICA EXIM or its holding companies or any other similar provider of services, whether as an employee or through any contractor. If the Provider has had any previous business relationship with any customer identified by ATLANTICA EXIM, the Provider will disclose the relationship in writing and advise ATLANTICA EXIM of the present status of that relationship. Thereafter, ATLANTICA EXIM and the Provider shall decide whether the intent of this paragraph is in conflict with that relationship.

7. Term and Termination

The term of this Agreement shall be for a period of 24 months commencing on ________________ (the “Term”). Following the initial Term, this Agreement shall be automatically renewed for additional 30 day periods, unless terminated earlier as follows:

a. Either Party may terminate this Agreement at any time by the giving of not less than thirty (30) days written notice to the other Party.

b. Either Party may terminate this Agreement if the other materially breaches or defaults in the performance of any of the covenants, terms or conditions of this Agreement, which breach or default shall not have been cured within thirty (30) days after receipt of notice of breach or default.

c. Either Party may terminate this Agreement if Provider or ATLANTICA EXIM is unable to pay its debts as they become due or becomes insolvent, files a petition in bankruptcy, or a receiver, whether permanent or temporary, of Provider or ATLANTICA EXIM's property or any part thereof, shall be appointed by a court of competent authority, or if Provider or ATLANTICA EXIM shall make a general assignment for the benefit of its creditors.

8. Indemnification

ATLANTICA EXIM hereby indemnifies and holds Provider harmless from and against any and all liability, loss, damage, claim or cause of action, and expenses connected therewith, including, without limitation, reasonable attorney's fees and expenses (collectively, "Damages") caused directly by a breach of the terms of this Agreement by ATLANTICA EXIM. Likewise, Provider hereby indemnifies and holds ATLANTICA EXIM harmless from and against any and all Damages caused, directly or indirectly, by the action of Provider or its agents.

9. Privacy Law

It is understood that the services are provided to customers in the U.S.A. Therefore, Provider must conform to pertinent regulations in the U.S.A, including to the extent required by the provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 42 U.S.C., 1171 et seq. and regulations promulgated thereunder, Provider agrees to maintain the confidentiality of any Protected Health Information (“PHI”) obtained from ATLANTICA EXIM pursuant to this Agreement. To the extent required by the provisions of HIPAA and the regulations promulgated thereunder, specifically, Provider agrees not to use or further disclose any PHI other than as permitted by this Agreement, to do as legally required to prevent such disclosure and to use appropriate safeguards to prevent use or disclosure other than as provided for by this Agreement. To the extent required by the provisions of HIPAA and the regulations promulgated thereunder, Provider agrees to report to ATLANTICA EXIM any disclosure of which it becomes aware which was not provided for in this Agreement, to make PHI available where legally permitted, to make its records regarding the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services, to incorporate any corrections requested to PHI when notified in accordance with applicable law, to make available the information legally required to provide an accounting of disclosures and to return to ATLANTICA EXIM or destroy all PHI at the termination of this Agreement.

10. Tax Records & Compliance with all Laws

i. Provider agrees and undertakes to :

· Comply with all applicable laws and regulations.
· To maintain all Provider personnel records for purposes of all Central, State and local taxes, workers compensation, etc.

ii. Provider specifically understands and agrees that nothing in this Agreement :

· Shall create any relationship between the Parties hereto other than that of independent contractors. In no event shall Provider or any employee or servant of Provider or any other person or party be deemed to be agent or employee of ATLANTICA EXIM by virtue of this agreement. Provider shall not have nor represent that it has any power or right to bind ATLANTICA EXIM. Further, ATLANTICA EXIM shall not be liable for any act or acts of Provider or of any of its employees or servants.
· Makes ATLANTICA EXIM responsible for the withholding of any tax payments, workers compensation payments/claims, or associated record maintenance for Provider personnel.

11. Miscellaneous

a. The validity and effect of this Agreement shall be determined in accordance with the laws of India without regard to its conflict of law principles.

b. In the event a dispute arises in connection with the interpretation or implementation of this Agreement, the Parties shall attempt in the first instance to resolve such dispute through amicable discussion. If the dispute is not resolved through such amicable discussion within thirty (30) days after commencement of discussions or such longer period as the Parties may mutually agree to in writing, then either Party may refer the dispute for resolution by arbitration according to the arbitration rules of the International Chamber of Commerce (“ICC”). The Arbitration shall be conducted in Singapore. All proceedings in any such arbitration shall be conducted in English. There shall be three (3) arbitrators, all of whom shall be fluent in English. Each Party shall appoint one arbitrator and the two arbitrators so appointed shall mutually appoint a third arbitrator. In the event any Party fails to appoint an arbitrator or arbitrators appointed by each of the Party do not come to a common consensus to appoint the third arbitrator within thirty (30) days from notice of intent to arbitrate is filed with the ICC, such arbitrator shall be appointed by the Chairman of ICC in accordance with the ICC Rules. The Parties agree that arbitration award shall be final and binding on the Parties, and the Parties agree to be bound thereby and to act accordingly.

c. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same Agreement. The failure of any Party to object to or require the performance of a particular item or obligation shall not be deemed a waiver and shall not act as a bar to subsequent enforcement of such obligation or be deemed a waiver of any subsequent breach.

d. This Agreement and the Exhibits attached hereto contain the entire Agreement for contract medical transcription or related services of the Parties hereto and supersedes all prior agreements, contracts and understandings whether written or oral between the Parties and related to the subject matter hereof.

e. This Agreement shall be binding upon and shall be for the benefit of the Parties hereto and their respective successors and assigns. Notwithstanding the foregoing, Provider may not assign this Agreement without the prior written consent of ATLANTICA EXIM and any such assignment shall be void absent such consent.

f. If any part, term or provision of this Agreement is illegal, invalid or unenforceable the remaining portions or provisions of this Agreement, and any other application of such part, term, or provision shall not be affected.

g. Each Party is an independent contractor and this Agreement shall not be construed as constituting either Party as an employee, agent, partner, or joint venture of the other.

h. During the term of this Agreement and any renewal thereof, Provider agrees that it shall not contract with any other transcription service, directly or indirectly, to perform medical dictation/transcription work on the same accounts or for the same end customers which have been transferred to Provider for transcription.

i. Each Party to this Agreement shall not be liable to the others for failure to perform any of its obligations hereunder due to a cause or causes beyond its reasonable control, including, but not limited to, acts of God or public enemy, fires, floods, storms, tornadoes, earthquakes, riots, labour strikes, blackouts, telephone outage, war or war operations, restraints of government, or other causes which cannot with reasonable diligence be controlled or prevented by such Party.

j. Each Party agrees to allow the United States Secretary of the Department of Health and Human Services and/or the United States Comptroller General, or their duly authorized representatives, access upon request to this Agreement and to its books, documents and records that are necessary to verify the nature and extent of costs of services furnished under this Agreement. Such access shall be until the expiration of four (4) years after the services are furnished under this Agreement.

k. Any notice required or permitted by this Agreement shall be in writing and shall be deemed given at the time it is deposited in the mail, postage prepaid, certified or registered mail, return receipt requested, overnight courier or by facsimile transmission addressed to the Party to whom it is to be given as follows:

If to Provider: ________________________
_________________________
_________________________
Fax #: __________________________
Attn.: __________________________

If to ATLANTICA EXIM: ATLANTICA EXIM Global Inc.

Attn.: Mr Anil Sethi
New York, USA

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

ATLANTICA EXIM Global Inc. 176 Pennsylvania Avenue, Alexander House, Washington, DC 20037 ______________________(Provider)

_________________________________ _______________________________
Mr. ___________, Name _____________________
Managing Director Title

Exhibit A - NON DISCLOSURE AGREEMENT

This Agreement is made this __day of , 2008__ by and between ATLANTICA EXIM Global Inc. (ATLANTICA EXIM), a company incorporated under the laws of USA, having its registered office at 176 Pennsylvania Avenue, Alexander House, Washington, DC 20037 and _______ having its principal place of business at ______________________ (Provider)

ATLANTICA EXIM and Provider shall be referred to individually as “Party” and collectively as the “Parties”.
_____________________________________________________________.

1. Definition of Confidential Information. "Confidential Information" as used in this Agreement shall mean any and all technical and non-technical information including patent, copyright, trade secret, and proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and formulae related to the current, future and proposed products and services of ATLANTICA EXIM, and includes, without limitation, its respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing manufacturing, customer lists, business forecasts, sales and merchandising and marketing plans, strategic plans and like information. "Confidential Information" also includes proprietary or confidential information of any third party who may disclose such information to ATLANTICA EXIM or Provider in the course of business discussions. Provider acknowledges that Confidential Information includes information provided to Provider verbally, in writing or visually through product demonstrations or otherwise.

2. Nondisclosure and Nonuse Obligations. Provider agrees that it shall not make use of, disseminate, or in any way disclose Confidential Information to any person, firm or business, except to the extent necessary for negotiations, discussions, and consultations with personnel or authorized representatives of ATLANTICA EXIM and any purpose ATLANTICA EXIM may hereafter authorize in writing. Furthermore, the existence of any business negotiations, discussions, consultations or agreements in progress between the Parties shall not be released to any form of public media without the prior written approval of ATLANTICA EXIM. Provider agrees that it shall treat all Confidential Information of ATLANTICA EXIM with the same degree of care as it accords to its own Confidential Information and Provider represents that it exercises reasonable care to protect its own Confidential Information. If Provider is not an individual, Provider agrees that it shall disclose Confidential Information of ATLANTICA EXIM only to those of its employees who need to know such information and certifies that such employees have previously agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those of this Agreement. Provider shall immediately give notice to ATLANTICA EXIM of any unauthorized use or disclosure of the Confidential Information. Provider agrees to assist ATLANTICA EXIM in remedying any such unauthorized use or disclosure of the Confidential Information.

3. Exclusions from Nondisclosure and Nonuse Obligations. Provider's obligations under Paragraph 2 ("Nondisclosure and Nonuse Obligations") with respect to any portion of Confidential Information shall terminate when Provider can document that: (a) it was in the public domain at or subsequent to the time it was communicated to Provider by ATLANTICA EXIM through no fault of Provider; (b) it was rightfully in Provider's possession free of any obligation of confidence at or subsequent to the time it was communicated to Provider by ATLANTICA EXIM; (c) it was developed by employees or agents of Provider independently of and without reference to any information communicated to Provider by ATLANTICA EXIM; or (d) the communication was in response to a valid order by a court or other governmental body, was otherwise required by law, or was necessary to establish the rights of either Party under this Agreement.

4. Ownership of Confidential Information and Other Materials. All Confidential Information, and any Derivatives thereof whether created by ATLANTICA EXIM or Provider, remains the property of ATLANTICA EXIM and no license or other rights to Confidential Information is granted or implied hereby. For purposes of this Agreement, "Derivatives" shall mean: (i) for copyrightable or copyrighted material, any translation, abridgment, revision or other form in which an existing work may be recast, transformed or adapted; (ii) for patentable or patented material, any improvement thereon; and (iii) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected by copyright, patent and/or trade secret. All materials (including, without limitation, documents, drawings, models, apparatus, sketches, design and lists) furnished to Provider by ATLANTICA EXIM, and which are designated in writing to be the property of ATLANTICA EXIM, shall remain the property of ATLANTICA EXIM and shall be returned to ATLANTICA EXIM promptly at ATLANTICA EXIM's request, together with any copies thereof.

5. Disclosure of Third party Information. Neither Party shall communicate any information to the other in violation of the proprietary rights of any third party.

6. No Warranty. All Confidential Information is provided "AS IS" and without any warranty, express, implied or otherwise, regarding its accuracy or performance.

7. Term. This Agreement shall govern all communications between the Parties that are made during the period from the effective date of this Agreement to the date on which either Party receives from the other written notice that subsequent communications shall not be so governed, provided, however, that Provider's obligations under Paragraph 2 ("Nondisclosure and Nonuse Obligations") with respect to Confidential Information of ATLANTICA EXIM which it has previously received shall continue unless terminated pursuant to Paragraph 3 ("Exclusions from Nondisclosure and Nonuse Obligations").

8. No Assignment. Provider shall not assign or transfer any rights or obligations under this Agreement without the prior written consent of ATLANTICA EXIM.

9. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally; (ii) by overnight courier upon written verification of receipt; (iii) by telecopy or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (iv) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to the addresses set forth above or such other address as either Party may specify in writing.

10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of India.

11. Severability. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

12. Waiver. The waiver by ATLANTICA EXIM of a breach of any provision of this Agreement by Provider shall not operate or be construed as a waiver of any other or subsequent breach by Provider.

13. Injunctive Relief. A breach of any of the promises or agreements contained herein shall result in irreparable and continuing damage to ATLANTICA EXIM for which there shall be no adequate remedy at law, and ATLANTICA EXIM shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate).

14. Entire Agreement. This Agreement constitutes the entire agreement with respect to the Confidential Information disclosed herein and supersedes all prior or contemporaneous oral or written agreements concerning such Confidential Information. This Agreement may only be changed by mutual agreement of authorized representatives of the Parties in writing.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

"ATLANTICA EXIM" "Provider"

By: By:

Exhibit B - Confidentiality Agreement

I understand, that as part of my engagement by__________________________. (“____________”), I may be granted access to patient health information. In consideration of and as a condition to my engagement, I agree that all information, including but not limited to, any patient health information, that I obtain or come into contact with during my engagement with ____________ is strictly confidential. I understand that for purposes of this agreement Confidential Information includes, but is not limited to, all patient health information, computer passwords, software, proprietary information, trade secrets, employee and worker lists, client information and trade information regarding or about ____________ business practices and/or transactions. I also agree that any disclosures or unauthorized use of and/or unauthorized access to Confidential Information will be grounds for immediate termination of my engagement with ____________. With respect to Confidential Information, I agree:

I will use Confidential Information for the sole purpose of performing the duties and responsibilities ____________ has engaged me to perform.

I will not disclose or discuss any Confidential Information to or with any person whatsoever who is not a representative of ____________ (i.e. spouses, friends, family and acquaintances) or to or with any representative of ____________ who does not have a legitimate right to know. Without limiting the generality of the foregoing, I will not disclose, discuss, reproduce, copy, forward, e-mail, mail, duplicate, copy, disseminate or remove any patient health information except to the extent it is required to perform my duties and responsibilities for ____________ and only so long as it is otherwise permitted under the terms of this Agreement. I understand this applies to both hard copies and electronic (computer) copies of information.

I will use appropriate safeguards to prevent the use or disclosure of the Confidential Information other than as provided for by this Agreement.

I will comply strictly with all ____________ Policies on Confidentiality and Information Security.

I will complete all awareness, education and training requirements on privacy and security programs.

I will report immediately to ____________ any violation of the terms of this Agreement or unauthorized use, duplication, disclosure, or dissemination of Confidential Information by any person, including myself.

Upon the termination of my engagement, I will immediately destroy or return to ____________ any documents or any other media (hardcopy or electronic) containing any Confidential Information and will certify that in writing to ____________.

I agree to indemnify ____________ fully for any and all damages, including legal fees, ____________ may incur as a result of my breach of this Agreement.

I agree that all my obligations under this Confidentiality Agreement shall survive termination of my engagement by ____________ regardless of the reason for termination.

Contractor’s Name (Print) Signature Date Job Title
Exhibit C – Turnaround Time and Standards of Quality

Turnaround Time

Turnaround Time: (TAT) will be calculated from the time the dictation is assigned to Provider until the completed transcribed document is received by ATLANTICA EXIM.

TAT non-compliance shall result in financial penalties, calculated semi-monthly in arrears, as follows:

Consistent or prolonged TAT non-compliance may be cause for termination of contract.

Quality Standards

Quality Assurance: Provider shall proofread and edit all reports for compliance with established format for each report type and medical accuracy prior to submission to ATLANTICA EXIM. ATLANTICA EXIM shall provide regular feedback on quality assurance issues. Failure to provide 98.5% accuracy or to adhere to established guidelines may be cause for termination of contract.

ATLANTICA EXIM shall determine accuracy rates by randomly sampling reports from each report type and applying review criteria and corresponding point values for detected errors according to guidelines of the American Association for Medical Transcription. The categories of errors and the corresponding point values include:

Type of Error Point Value

Text Omission/Error 2.0
PRD/Production Software 1.0
Spelling – Medical/English 1.0
Spelling – Physician Name 1.0
Format 1.0
Punctuation/Style 0.5
Typographical 0.25

The error rate shall be calculated by dividing the total number of error points by the total number of lines reviewed.