Policies and Procedures

Services Provided

Upon the terms and subject to the conditions of this Agreement, ABA Therapist agrees to provide professional Applied Behavioral Analysis services (“Therapy”) for children referred by TA ABA Services. Therapy shall continue to be provided until termination of this Agreement. The ABA Therapist shall use her own appropriate independent skill and judgment and the manner and means that are necessary to provide the therapy hereunder.

ABA Therapist will provide Therapy to children referred by TA ABA Services. Therapy
will include:

Rendering skilled services including those following an ABA model to children referred by TA ABA Services.
Implementing appropriate treatment plans for each child referred by TA ABA Services Documentation of ABA treatment plans according to the requirements of TA ABA Services and any insurance company providing coverage for children referred by TA ABA Services Meeting all requirements of each referred child's insurance companies ABA Therapist shall maintain appropriate documentation including clinical notes, verification logs and other documents as required by TA ABA Services and as required by any Insurance company providing coverage for children referred by TA ABA Services. This documentation shall be submitted by ABA Therapist to TA ABA Services, as required by TA ABA Services.

Non-guarantee Of Referrals

TA ABA Services is not required to deal exclusively with ABA Therapist. In addition, this
agreement does not impose any obligation on TA ABA Services to make referrals or provide work to the ABA Therapist. In the event
that referrals are made to ABA Therapist, such assignments may be terminated at any time.

Uses or Disclosures of Your Personal Health Information

Generally, we may not use or disclose your personal health information without your permission. Further, once your permission has been obtained, we must use or disclose your personal health information in accordance with the specific terms of that permission. The following are the circumstances under which we are permitted by law to use or disclose your personal health information.

Professional Responsibilities Of Aba Therapist

ABA Therapist agrees to provide Therapy in accordance with currently approved methods and practice and Code of Ethics of the profession.

Indemnification

ABA Therapist hereby agrees to hold harmless, indemnify and defend TA ABA Services, its manager, members, employees and agents, from and against any and all claims, demands or liabilities (including reasonable attorneys’ fees) arising out of (i) any claim for professional malpractice, or (ii) any claim or damage to personal injury, death of any person, or damage to or loss of property, arising out of or occurring in connection with the services provided under this Agreement and which is caused in whole or in part by ABA Therapist. This indemnification shall survive the expiration or termination of this Agreement by either party for any reason.

Documentation Submission

ABA Therapist shall submit his/her notes at the end of each session. If unable to submit at the time of the session (ie. if the website can not be accessed.) ABA Therapist shall submit notes within two (2) days of the session. Documentation that is submitted late may result in late reimbursement by Agency. ABA Therapist shall make and maintain copies of documentation, as TA ABA Services will not be responsible for missing Documentation. Payment for invoiced amounts shall be payable within four (4) weeks of receipt of Documentation by TA ABA Services, providing that Documentation was submitted on time. Agency will not remit payment for services rendered if we do not receive a signed clinical note documenting the session. Agency is not obligated to remit payment for services rendered if the invoices are received by the Agency more than 30 days after the date services were performed. In the event that TA ABA Services requires changes in Documentation Submission requirements, the remaining provisions of this Agreement shall be unimpaired.

Compensation And Expenses

(a) Compensation for services other than those mentioned in clause 8b (Compensation) will be as follows: Each authorized hour of direct billable service provision will be compensated at a rate of $28.50 per hour for ABA services. No compensation shall be paid for unauthorized services. As compensation is strictly fee for service, ABA Therapist shall not be entitled to vacation.

(b) All services provided on Friday Evenings, Saturday or any other Jewish holidays with religious work restrictions will be compensated as follows. It is agreed that Therapist shall be responsible to bill the insurance company and family for any copays, coinsurance and deductibles. Any payments received by TA ABA Services for these services shall belong to Therapist. does not bill the insurance company and family for these services TA ABA Services will bill for these services on behalf of Therapist. If TA ABA Services bills for these services it is agreed that TA ABA Services will be retain any payments in excess of Compensation calculation as payment for performing the billing.

(c) TA ABA Services reserves the right to reduce or raise Salary at its sole discretion upon thirty days notice. Any changes to Salary shall in no way affect the remaining provisions of this Agreement.

(d) Compensation shall be made within four (4) weeks of receipt of Documentation by Company. In the event that TA ABA Services requires changes in required Documentation, it shall in no way affect the remaining provisions of this Agreement.

Timely Submission Of Documentation

ABA Therapist shall submit his/her notes at the end of each session. If unable to submit at the time of the session (ie. if the website can not be accessed.) ABA Therapist shall submit notes within two days of the session. ABA Therapist shall confirm their monthly invoice that lists all services provided for each child during the month, as soon as possible after completing all services for that month. Invoices submitted after the 7th of the month may result in late reimbursement by Agency. Agency will not remit payment for services rendered unless it receives a signed clinical note documenting the session. Agency is not obligated to remit payment for services rendered if the clinical notes are received by the Agency more than 30 days after the date services were performed.

Termination Of Agreement

Both TA ABA Services and ABA Therapist may terminate this Agreement, and for any reason or no reason at all, upon giving written notice thirty (30) days prior to the desired termination date, such that the employment relationship is at-will. In the event that ABA Therapist shall fail to meet the terms of this Agreement, TA ABA Services may terminate this Agreement without notice. All outstanding invoices and charges will be paid by TA ABA Services to ABA Therapist to the date of termination. TA ABA Services and ABA Therapist understand that the other party will make the decision to terminate the employment relationship in its own interests. All outstanding invoices and charges will be paid by TA ABA Services to ABA Therapist to the date of termination.

Non-solicitation

Without the prior written consent of TA ABA Services, ABA Therapist agrees not to solicit or enter into any other employment or engagement, in any capacity, either directly or indirectly, to provide services for any family referred to the ABA Therapist by TA ABA Services, during the term of this Agreement and for a period of one (“1”) year from termination or expiration of this Agreement. Without the prior written consent of TA ABA Services, ABA Therapist agrees not to solicit or enter into any other employment or engagement, in any capacity, either directly or indirectly, to work under the supervision of BCBAs who provided services for any children referred to the ABA Therapist by TA ABA Services, during the term of this Agreement and for a period of one (“1”) year from termination or expiration of this Agreement.

Force Majeure

In no event shall either party be liable to the other for any delay or failure to perform hereunder, which delay or failure to perform is due to causes beyond the control of said party, including, but not limited to, acts of God; acts of the public enemy; acts of the United States of America, or any state, territory or political division of the United States of America, or of the District of Columbia, acts of war; fires; floods; epidemics; quarantine restrictions; strikes or any other labor disputes; and freight embargoes.

Arbitration

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration by the Beth Din of America, Inc., currently located at 305 Seventh Avenue, New York, New York, in accordance with the Rules and Procedures of the Beth Din of America, and judgment upon the award rendered by the Beth Din of America may be entered in any court having jurisdiction thereof.

Confidentiality

ABA Therapist will keep any information relating to children referred to by TA ABA Services in strict confidence. Information includes name, address, contact information, type and frequency of Therapy, evaluations, reports, clinical notes, and any other relevant written material. ABA Therapist shall also conform to all HIPAA requirements. To the extent that, in connection with this Agreement, either Party comes into possession of any proprietary or confidential information of the other Party (“Confidential Information”), such Party agrees to use the Confidential Information of the other Party solely for the purposes of or as expressly permitted by this Agreement, and will not disclose such confidential Information to any third party without the other Party’s consent. The terms of this Agreement shall also be considered confidential Information. Each Party shall maintain the Confidential Information of the other Party in confidence using at least the same degree of care as it employs in maintaining in confidence its own proprietary and confidential information, but in no event less than a reasonable degree of care.

Waiver

The failure of either party to insist upon the performance of any terms or conditions of this Agreement or to exercise any right or privilege conferred in this Agreement or the waiver of enforcing penalties resulting from any breach of any terms and conditions of this Agreement, shall not be construed as waiving any such terms, conditions, rights or privileges, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

Amendment

Any supplement, amendment or modification of this Agreement shall be binding upon the parties if it has been made in writing and signed by authorized representatives of both parties.

Counterparts

Any supplement, amendment or modification of this Agreement shall be binding upon the parties if it has been made in writing and signed by authorized representatives of both parties.

Headings

The headings in this Agreement are for purposes of reference only and shall not limit or affect any of the terms hereof.

Notices

Any notice or other communication hereunder shall be in writing and be given, or sent by facsimile or other similar communication or be certified by registered mail or alternatively sent by express mail carrier to the addresses listed above.

Verification Of Supporting Documentation

Therapist maintains that all documentation submitted to Agency in support of his/her application, and the full contents therein, are true and accurate representations of his/her own education and professional experience.