Terms and Conditions

Accessing or using any area of WellCare Health Plans, Inc.'s affiliated health maintenance organizations (collectively "WellCare") websites and the information contained therein constitutes acceptance of the terms and conditions below. Oral representations or agreements not set forth in this agreement are not binding. This agreement supersedes any preceding agreement between the parties relating to the website or the services available through it.

1. One purpose of the website is to provide an additional medium for providers to obtain, or in certain instances to submit information to WellCare, and may or may not include, among other issues, information regarding claims, referrals, pre-certifications, prior authorizations, eligibility, and formulary status. The accuracy, authenticity, security, and confidentiality of the information submitted to WellCare is the sole responsibility of the provider submitting the information. The use of the website does not, in any manner whatsoever, supersede, replace, or supplement any terms or conditions of any contract between you and WellCare or any terms and conditions contained in any written documentation disseminated by WellCare in any other manner, other than through the website. Unless indicated otherwise, documents published and mailed to your office shall control.

2. By use of the website you expressly agree that you will continue to abide by all terms and conditions regarding authorizations, claim format requirements, claims submission procedures, claim timeliness, eligibility and benefit interpretations standards of your provider agreement and as communicated to you from time to time by WellCare.

3. You may have access through the website to Protected Health Information as that term is defined by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA) and you confirm that you are entitled to such Protected Health Information as: a HIPAA Covered Entity, or the Business Associate of a HIPAA Covered Entity, or because such individual has authorized you to have such access. You represent that you shall not allow any user within your organization to have access to PHI available through the website unless such user's access is consistent with your obligations as: a HIPAA Covered Entity, or the Business Associate of a HIPAA Covered Entity, or with the individual's authorization. All capitalized terms in this section shall have the meanings set forth under HIPAA.

4. The information contained in or conveyed to you via the website is inherently limited in nature, does not contain all applicable terms, conditions, limitations, or exclusions of the products and services referenced, may contain inaccuracies, typographical errors, and is subject to change without notice. Your use of the website and the information therein are at your own risk.

5. WellCare has no duty to provide you or your organization access to the website, or to update or keep current the website, and disclaims any responsibility for the content or accuracy of the information contained on the website. To the extent permitted by law, WellCare will not be liable for: (1) any decision made or action taken by you or anyone else in reliance on materials or information obtained from or downloaded from the website; or (2) any direct, indirect, consequential, incidental, special or similar damages even if WellCare is advised of the possibility of such damages. You expressly agree that in no event shall WellCare be liable for any loss or damages arising from the use of the website or the information therein.

6. If you are an Administrator for a multiple provider Organization, you may grant access to other users (or their administrators) to the restricted information available via the website about your Organization. In doing so you accept responsibility for creating, updating, deleting such users, as well as granting and revoking their passwords and permissions. You also accept responsibility for their use of the website and agree to ensure their adherence to these terms and conditions.

7. The general terms of use regarding WellCare Health Care's website are incorporated herein in by reference, only to the extent they are not in conflict with the conditions contained herein.

8. By providing your e-mail address, you are consenting to WellCare's policies and practices regarding e-mail use and data collection. WellCare may communicate to you via e-mail. WellCare collects and stores e-mail addresses as part of the Web registration process for all of WellCare's Web sites and any of its affiliates.