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GOVERNMENT INCENTIVE (“GI”) AND COMPLIANCE ASSISTANCE / CONSULTING ADDENDUM


Effective as of January 1, 2024 (Version Number: 45292)




All terms not defined herein shall have the meaning ascribed to them in the DAS Standard Incorporated Terms and Conditions.

Government Incentive (“GI”) and Compliance Assistance / Consulting - If the executed COF includes Government Incentive (“GI”) / Penalty Assistance or Consulting, including Promoting Interoperability, Quality, Improvement Activities, Clinical Quality Measures, MIPS or MACRA (“Government Incentive Assistance”), MIPS Essential, MIPS Prime, MIPS Premier or MIPS Enterprise, Patient Centered Medical Home (“PCMH”), ASC Quality Reporting, ASCQR, Specialty Registry, Registry Assistance, in any form, the following additional terms and conditions apply (in addition to the additional terms contained under the Consulting, Implementation, and Training Addendum):

  1. DAS will use its reasonable commercial efforts to provide the services relating to Government Incentive Assistance as stated on the Order, however, Client is solely responsible for monitoring, compliance, and all data submissions, including confirming their accuracy, submission and receipt. DAS will use reasonable efforts to provide Client with supporting documentation, however, audit assistance is not an included service and must be purchased at the then current hourly rate as an Additional Service.    
  2. Notwithstanding anything to the contrary stated on any form or addendum, DAS will use its reasonable commercial efforts for the following:
    1. for Government Incentive Assistance Essential Packages: (i) Measures included in the Government Incentive Assistance package will be reviewed periodically, but not less frequently than quarterly; and (ii) if expressly included in the package, total assistance will include up to one (1) hour per month, with such time including reviewing the MIPS dashboard in client EHR, analysis, training, attestation assistance, and / or consulting.
    2. for Government Incentive Assistance Prime Packages: (i) Monthly Performance reports will be sent to the practice delegate’s email, and not the message center; (ii) Measures included in the Government Incentive Assistance package will be reviewed periodically, but not less frequently than quarterly; and (iii) if expressly included in the package, total assistance will include up to two (2) hours per month for single or combined packages, with such time including running reports, analysis, training, attestation assistance, and / or consulting.
    3. for Government Incentive Assistance Premier Packages: (i) Enrollment with DAS Preferred MIPS Registry; (ii) Measures included in the Government Incentive Assistance package will be reviewed periodically, but not less frequently than quarterly; and (iii) if expressly included in the package, total assistance will include up to two (2) hours per month, with such time including reviewing the MIPS Registry dashboard, analysis, training, attestation assistance, and / or consulting.
    4. for Government Incentive Assistance Enterprise Packages: (i) Measures included in this Government Incentive Assistance package will be reviewed periodically, but not less frequently than quarterly; and (ii) if expressly included in the package, total assistance will include up to four (4) hours per month, with such time including reviewing the MIPS dashboard in client EHR, analysis, training, attestation assistance, and / or consulting.
    5. for Government Incentive Assistance PCMH Packages: (i) Measures included in this Government Incentive Assistance package will be reviewed periodically, but not less frequently than quarterly; and (ii) if expressly included in the package, total assistance will include up to six (6) hours per month, with such time including reviewing the PCMH QPASS dashboard, criteria gap analysis, project management, training, attestation assistance, and / or consulting.  DAS does not guarantee that Client will obtain a PCMH recognition.   
    6. for Government Incentive Assistance ASCQR Packages: (i) Measures included in this Government Incentive Assistance package will be reviewed periodically, but not less frequently than quarterly; and (ii) if expressly included in the package, total assistance will include up to two (2) hours per month, with such time including reviewing the ASC Quality Reporting program requirements, measure performance, training, attestation assistance, and / or consulting.  DAS does not guarantee that Client will obtain a PCMH recognition.
  3. DAS will make recommendations for additional technologies that may be necessary for successful program participation, but Client is responsible for purchasing, implementing, and adhering to the proper workflow for these products. The purchase of Government Incentive Consulting packages does not include the following ancillary products that may be required for reporting including: Security Risk Analysis, Direct Secure Messaging, Patient Portal, Prescription Drug Monitoring Program Interface, Immunization Registry Bi-Directional Interface, Specialized Registry Interface, Electronic Case Reporting Interface, PCMH specific reports, and/or ASC specific reports. 
  4. DAS does not currently offer assistance with the “Cost” category as it is scored automatically by CMS through administrative claims data. DAS provides historical performance information and resources that may help Client better understand the “Cost” category, but DAS consulting packages do not include specific guidance on how to lower practice costs.
  5. DAS will not be responsible for providing Client performance reports for the current year until the prior year’s reporting deliverables are completed.
  6. Client acknowledges that it is ultimately responsible for reviewing and submitting all applicable data related to the service in contract notwithstanding that DAS may provide assistance. Further, Client acknowledges that the price charged for services is not sufficient to include any warranty against any penalties that may be imposed, and that therefore Client, and NOT DAS, is responsible for any Government or other penalties incurred, and indemnifies and holds DAS harmless from any and all related damages. If requested, DAS may be able to provide Client with access to any insurance coverage that might be available to mitigate any penalties that might be incurred in the event of an error.