These Terms of Service (“Terms”) govern access to and use of the MyALW website, software platform, billing services, administrative services, and related products and services (collectively, the “Services”).
These Terms constitute a legal agreement between you and MyALW (“MyALW,” “we,” “us,” or “our”).
By accessing or using the Services, creating an account, or engaging MyALW to provide services, you agree to these Terms.
If you are using MyALW on behalf of a facility, corporation, organization, or other entity, you represent that you have authority to accept these Terms on behalf of that entity.
MyALW provides technology and administrative services designed to assist Assisted Living Waiver providers and other authorized organizations with services that may include:
The specific Services provided to a customer may also be governed by a separate service agreement, order form, Business Associate Agreement, pricing agreement, or other written contract.
If a separate written agreement conflicts with these Terms, the separate written agreement will control with respect to the conflicting provision.
MyALW is an independent private company.
MyALW is not the California Department of Health Care Services (“DHCS”), Medi-Cal, the Centers for Medicare & Medicaid Services (“CMS”), or any other federal, state, county, or local government agency.
Use of MyALW does not create any guarantee of:
All eligibility, authorization, reimbursement, and program decisions remain subject to the applicable government agency, health plan, program administrator, or other responsible organization.
You must be at least 18 years old and legally capable of entering into a binding agreement to use MyALW.
If you access MyALW on behalf of an assisted living facility, RCFE, healthcare provider, company, or other organization, you represent and warrant that you are authorized to act on behalf of that organization.
You may only access resident, billing, health, facility, or program information that you are legally authorized to access.
Certain Services may require an account.
You agree to:
You may not share login credentials with unauthorized individuals.
MyALW may require additional verification, authentication, or security measures before permitting access to sensitive information.
You are responsible for the accuracy, completeness, legality, and timeliness of information submitted to MyALW.
This includes information concerning:
You agree not to knowingly provide false, misleading, fraudulent, incomplete, or unauthorized information.
You remain responsible for reviewing information submitted through MyALW and notifying us promptly of errors.
MyALW may assist customers with preparing, submitting, correcting, monitoring, and reconciling claims.
MyALW does not guarantee that any claim will be:
Payment decisions may depend on information and systems controlled by DHCS, Medi-Cal, managed care organizations, clearinghouses, financial intermediaries, government agencies, and other third parties.
Customers remain responsible for ensuring that services billed were actually provided, properly documented, appropriately authorized, and legally billable.
MyALW may rely on information supplied by the customer when performing billing services.
MyALW may provide administrative assistance, software tools, reports, recommendations, or billing support intended to improve billing operations.
Past payment history, estimated reimbursement, claim status information, expected payment calculations, or other projections do not guarantee future payment.
Government reimbursement rates, rules, eligibility requirements, authorization requirements, and payment methodologies may change.
MyALW provides billing, administrative, software, and related services.
Unless expressly stated otherwise in writing, MyALW does not provide:
Information provided through MyALW should not be treated as a substitute for professional medical, legal, accounting, compliance, or regulatory advice.
Customers are responsible for obtaining professional advice when appropriate.
The Services may involve access to personal, healthcare-related, billing, eligibility, or resident information.
Users may only submit or access such information when authorized to do so.
Where applicable, MyALW may enter into a Business Associate Agreement or other data protection agreement with a customer.
The handling of Protected Health Information may also be governed by HIPAA, applicable California law, contractual obligations, and MyALW’s Privacy Policy.
Users may not use resident information for unauthorized purposes.
Your use of the Services is also subject to the MyALW Privacy Policy.
By using the Services, you acknowledge that information may be collected, processed, stored, and disclosed as described in the Privacy Policy and any applicable agreements between MyALW and your organization.
MyALW may interact with or provide links, integrations, or administrative support involving third-party systems, including:
MyALW does not control these third-party systems.
We are not responsible for third-party:
The terms and privacy policies of third-party providers may separately apply.
We work to maintain reliable access to MyALW, but we do not guarantee uninterrupted or error-free availability.
The Services may occasionally be unavailable because of:
We may modify, improve, suspend, or discontinue portions of the Services when reasonably necessary.
Customers agree to pay all fees associated with their selected MyALW Services according to the applicable pricing agreement, subscription agreement, service agreement, invoice, or order form.
Fees may be structured as:
Applicable pricing will be disclosed separately.
Unless otherwise stated in writing, fees owed to MyALW are independent of whether a third-party payer ultimately reimburses the customer.
Late or unpaid balances may result in suspension or termination of Services where permitted by law and contract.
Customers are responsible for taxes, assessments, or governmental charges applicable to their purchase or use of the Services, excluding taxes imposed on MyALW’s income.
You may not use MyALW to:
MyALW may investigate suspected misuse and may suspend access where necessary to protect users, residents, the platform, or third parties.
Customers are responsible for complying with laws and regulations applicable to their own facilities, businesses, staff, residents, documentation, services, and billing activities.
This may include applicable requirements involving:
MyALW’s assistance does not transfer the customer’s legal or regulatory obligations to MyALW.
Government agencies, health plans, auditors, program administrators, or other authorized entities may review or audit claims.
Claims previously paid may later be adjusted, denied, investigated, or recouped.
Unless otherwise agreed in writing, MyALW is not financially responsible for reimbursement recoupments, penalties, claim reversals, or audit findings resulting from:
MyALW may assist customers with records and administrative responses when included within the customer’s Services.
The MyALW website, platform, software, branding, designs, workflows, documentation, databases, content, and related materials are owned by or licensed to MyALW and are protected by applicable intellectual property laws.
Subject to these Terms, MyALW grants authorized users a limited, revocable, non-exclusive, non-transferable right to use the Services for legitimate business purposes.
You may not copy, sell, license, distribute, reproduce, or commercially exploit MyALW’s proprietary materials without written permission.
As between MyALW and the customer, customers retain their rights in data they lawfully provide to MyALW, subject to applicable law and contractual obligations.
Customers grant MyALW permission to process that information as reasonably necessary to:
MyALW does not acquire ownership of resident healthcare information merely because it is processed through the platform.
If you provide ideas, suggestions, recommendations, or feedback regarding MyALW, you authorize us to use that feedback to improve our products and services without payment or obligation to you.
This does not grant MyALW ownership of confidential resident or customer information.
Users may receive access to confidential or proprietary information through MyALW.
You agree to protect confidential information and not disclose it except as authorized or legally required.
Confidential information may include:
Additional confidentiality obligations may be established through separate agreements.
MyALW may suspend or terminate access to the Services if:
Termination does not eliminate amounts already owed.
Certain provisions of these Terms will continue after termination where their nature requires survival, including confidentiality, intellectual property, disclaimers, indemnification, limitations of liability, and payment obligations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
MYALW DISCLAIMS WARRANTIES THAT ARE NOT EXPRESSLY PROVIDED IN WRITING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
MYALW DOES NOT WARRANT THAT:
Some jurisdictions may not permit certain warranty exclusions, in which case these provisions apply only to the extent permitted by law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYALW AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICES.
THIS INCLUDES, WHERE PERMITTED BY LAW:
To the maximum extent permitted by law, MyALW’s aggregate liability arising from or relating to the Services will not exceed the amounts paid by the customer to MyALW during the [three/six/twelve] months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot legally be excluded or limited.
To the extent permitted by law, you agree to defend, indemnify, and hold harmless MyALW and its owners, officers, employees, contractors, affiliates, and representatives from claims, damages, liabilities, penalties, losses, and reasonable legal expenses arising from or relating to:
MyALW will not be responsible for delays or failures caused by circumstances reasonably outside our control, including:
Unless another written agreement states otherwise, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Before initiating formal legal proceedings, you and MyALW agree to make a reasonable effort to resolve disputes informally by providing written notice describing the dispute.
The parties will have at least 30 days from receipt of that notice to attempt an informal resolution.
Any additional arbitration, court venue, jury waiver, or class-action waiver terms should be stated in the applicable customer agreement or an updated version of these Terms after review by legal counsel.
By using MyALW, you consent to receive electronic communications relating to your account and Services, including:
Electronic communications may satisfy legal requirements that communications be provided in writing where permitted by law.
Marketing communications may be subject to separate consent and opt-out rights.
MyALW may update these Terms from time to time to reflect changes in:
The updated Terms will be posted with a revised effective date.
Where required or appropriate, users may receive additional notice of material changes.
Continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect.
The invalid provision will be modified or interpreted to most closely reflect its original purpose to the extent permitted by law.
Failure by MyALW to enforce any provision of these Terms does not waive our right to enforce that provision later.
These Terms, together with the Privacy Policy and any applicable service agreement, Business Associate Agreement, order form, or other written agreement, constitute the agreement governing use of the Services.