Terms and Conditions
By clicking the Accept box below, the individual accessing a Wellmark.com interactive web application agrees to the terms and conditions set forth below.
These terms and conditions apply to access made available by Wellmark to a Wellmark.com interactive web application and all written, visual and oral information to which a party using such application (hereinafter described as a "User") may have access by utilizing a Personal Identification Number(s) (PINs), a Security Password or other security device provided by Wellmark.
- Confidentiality Obligation
All information to which a User has access by utilizing its PIN, Security Password or other security device provided by Wellmark shall be deemed confidential information. Users agree to maintain the confidentiality of such information in accordance with Federal and state laws. In the absence of any such provisions, Users agree to use the same means to protect the confidential information as the Users use to protect confidential information in their own trade or business, but in any event shall at least use reasonable means to protect the confidential information. User agrees that he or she shall only access that information which he or she has a legitimate business need to know. User understands and shall make any individuals who are also provided confidential information obtained through or from a wellmark.com interactive web application aware that access to health claims information in the possession of Wellmark is subject to the confidentiality standards set forth under state and/or Federal law and/or the restrictions for the National Committee for Quality Assurance and that improper disclosure of such information to anyone who does not have a legitimate business need to know the information, may subject the User and or any other individuals who have access to the confidential information to criminal penalties.
Each User shall comply with the following rules:
- PINs, User Ids, passwords, or other security devices provided by Wellmark shall not be shared with any other individual, except as previously approved in writing by Wellmark's Security Administrator. Passwords shall not be posted or exposed to the view of others and should be constructed in a manner so as to maintain the confidentiality of each authorized individual.
- Automatic log on processes, such as PF KEYS or BAT FILES are not to be used unless they require manual input of a PIN, User ID, password or use of any other security device provided by Wellmark.
- Passwords should not be saved in the system.
- Other rules concerning PINs, User Ids, passwords, or other security devices provided by Wellmark shall be provided to User or to the contact person at the entity to which they are affiliated in writing by the Wellmark Security Administrator (of his or her delegate).
- User shall ensure at all times that no visual display of any confidential information shall be visible to the general public or unauthorized personnel.
- Access to a Wellmark.com interactive web application as described in these terms and conditions shall only be available and utilized by authorized individuals which Wellmark's Security Administrator has been notified of in writing, as changes occur and also from time to time. A User's access shall be confirmed in the communication by the Security Administrator to the User or the entity to which they are affiliated. As between Wellmark and the User, Wellmark owns the confidential information provided hereunder and the grant of the limited license to use the confidential information pursuant to this arrangement does not transfer any rights of any kind to the User other than a limited right to use the data in accordance with the security procedures. Further, all materials provided to user and the entity to which they are affiliated by Wellmark regarding the Wellmark.com interactive web applications, including instructions or manuals shall remain the sole property of Wellmark and shall be promptly returned upon termination of this agreement.
- No Warranty
Wellmark makes commercially reasonable efforts to maintain the accuracy of the information contained on the Wellmark.com interactive web applications. However, the information sources are not always subject to immediate verification, therefore Users should use independent means to verify the information when possible. Accordingly, all confidential information provided by Wellmark is provided "AS IS" and without any warranty, expressed, implied or otherwise.
Wellmark shall provide access to Wellmark.com interactive web applications to User on a basis consistent with other similarly situated Users of the systems. No guarantee of system availability is provided under this arrangement and Wellmark shall not be responsible for any periods of system down time which Wellmark or any entity acting on Wellmark's behalf for web hosting purposes or other maintenance services determines in its sole judgement may require for system maintenance or which occur for any reasons beyond their control.
- Audit Rights
Wellmark may decide to review certain of its Users regarding the use of the Wellmark.com interactive web applications by Users and to examine supporting documentation, records and associated information regarding same. Wellmark shall conduct such audits during normal business hours at any premises where functions are being performed and information accessed under this agreement. Users shall cooperate with any such audits.
- Term and Termination
These terms and conditions shall be effective upon acceptance and shall continue in force and effect unless the parties mutually agree to terminate or shall terminate immediately upon User's violation(s) of these terms and conditions or any other Security Administration policies communicated to User in writing or electronically.
- User acknowledges that the confidential information is a valuable asset of Wellmark's and improper disclosure or use of such information may cause Wellmark irreparable harm and that there may be no adequate remedy available at law. Accordingly, the User agrees that Wellmark shall have the right to obtain immediate injunctive relief to enforce obligations under this agreement in addition to any other rights and remedies Wellmark may have at law or in equity.
- Eligibility and benefit information do not constitute authorization of claim payment. These terms and conditions are not intended to supersede any other contract between Wellmark and another party. All other member and provider contractual limitations, including but not limited to, prior approvals, precertification and referrals must be handled separately as defined in the Member and Provider Information offered by Wellmark. Appropriate penalties as defined in those contracts shall apply for failure to meet these obligations.
- Any computer hardware and/or software purchased by User to obtain access to http://www.wellmark.com or to a wellmark.com interactive web application shall be the sole financial responsibility of User or the entity to which they are affiliated. Wellmark shall not be responsible in any way for any of the software or hardware equipment in the event that this agreement is terminated or the access provided hereunder is otherwise removed or restricted in any way. In addition, User is responsible for ensuring that the hardware and software they have purchased is compatible with any Wellmark.com interactive web application. Any costs associated with providing this access, including but not limited to the charges for the ongoing use of telecommunications lines, internet service providers, or the like shall be borne by the User. In addition, Wellmark shall not have any liability whatsoever for any incidental or consequential damages related to providing the access or the use of information under the terms of this agreement.
- User represents and warrants that he/she has the authority to access this information on behalf of his/her employer and the authority to agree to these Terms and Conditions. User and his/her employer shall indemnify and hold Wellmark harmless for any loss, cost, or expense, including but not limited to reasonable attorney's fees directly related to the User's improper use of a Wellmark.com interactive web application, access to confidential information contained therein, User's release of confidential information to any unauthorized individuals or entities, User's breach or the breach by any of the User's employees, agents or representative of the covenants of this agreement.
- To the extent that User is authorized to enter or correct information in one of Wellmark's computer systems via a Wellmark.com interactive web application, User agrees that he/she is responsible for the accuracy of any information submitted.
- User understands that Wellmark or one of its accounts shall rely upon such information in making decisions related to the administration of health benefit plans such as eligibility determinations and, thus, will use commercially reasonable efforts to ensure the accuracy of the information provided. User further understands that changes made to membership information such as date of birth corrections or address changes may cause Wellmark to make changes to premium rates at the next billing cycle or renewal date.
- User understand that Wellmark or one of its subsidiaries or Affiliates shall rely upon such information in making decisions related to the credentialing and recredentialing of healthcare providers in Wellmark's provider networks. User further understands that changes made to credentialing and/or recredentialing information may cause Wellmark to remove a provider from Wellmark's provider networks. User is only responsible for the provider locations governed by the User.
- If any provision of this agreement should become prohibited by or irrelevant by applicable state or Federal law or determined invalid or unenforceable by a court of competent jurisdiction or any other governmental or regulatory authority with jurisdiction over the parties hereto such provisions shall be ineffective to the extent of such prohibition, without invalidating the remainder of the provision or remaining provisions of this agreement. Any notice provision requiring a written notice shall be satisfied if notice is provided electronically to the designated security coordinator and/o credentialing security coordinator on behalf of their employer named in the Provider Agreement or Web Access Agreement, online web registration or to Security Administration on behalf of Wellmark.
- The confidentiality obligations and the indemnification obligations shall survive the termination of this agreement.
- These Terms and Conditions shall be construed according to the laws of the State of Iowa.