Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

HPOne Dictionary > Legal > Flashcards

Legal Flashcards

1
Q

MDF

A

Marketing Development Fund- carriers provide us with a set lump sum of money to perform marketing for them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

SOW

A

Statement of Work- based on a campaign for a set period of time.
Contains (generally)
1.0 Introduction
2.0 Scope of Services
3.0 Project Team
4.0 Financial Arrangements and Pricing
5.0 Term and Termination
6.0 Project Manager
7.0 Service Level Agreement
8.0 Responses to Failure to Deliver Services and/or Deliverables
9.0 Change Order Process/ Procedures
10.0 Key Personnel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

terminate without cause

A

without good reason as long as the reason is not illegal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

in accordance with

A

in agreement with

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

provision

A

a stipulation/condition within a legal document

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

herein

A

in this document

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Producer

A

is a licensed insurance agent or broker who is knowledgeable and experienced in the marketing of health insurance products including Medicare Advantage plans and Medicare Part D prescription drug plans to eligible Medicare beneficiaries.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

sole discretion

A

able without permission

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

indemnity

A

contractual obligation of one party to compensate for the harm or loss incurred by another party due to the relevant acts of the indemnitor

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

arbitration

A

procedure to make a binding decision to settle a dispute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

additional insured

A

coverage for a third party working with the policyholder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

XC

A

indicates that it must be signed by all parties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

CPL Agreement

A

Contains:
1.0 Services
2.0 Scope (Must comply with all requirements to be considered a valid lead)
3.0 Term & Termination
4.0 Additional Vendor Obligations/Marketing Requirements
5.0 Representations and Warranties
6.0 Limitations of Liability/Indemnification
7.0 Confidentiality
8.0 Compliance
9.0 Vendor’s Insurance
10.0 General Provisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

exhibit

A

Done on a per type of lead basis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

(F)(C)

A

final, clean, unprotected and unlocked

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

PROT

A

protected and locked

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

strict liability

A

when the defendant is liable for committing an action regardless of intent or defendant’s mental state when committing said action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

private right of action

A

a private person’s ability to legally enforce their rights upon another person or organization

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

privity of contract

A

Only those parties to the contract are bound by the terms of the contract

20
Q

CPA Agreement

A

Contains:
1.0 Services
2.0 Scope
3.0 Term & Termination
4.0 Additional Vendor Obligations/Marketing Requirements
5.0 Representations and Warranties
6.0 Limitations of Liability/Indemnification
7.0 Confidentiality
8.0 Compliance
9.0 Vendor’s Insurance
10.0 General Provisions

21
Q

TCPA

A

Telephonic Consumer Protection Act
Elements:

22
Q

waiver of subrogation

A

a contractual provision whereby an insured waives the right of their insurance carriers to seek compensation for losses from a negligent third party

23
Q

What states can we not pay a service fee to the Vendor if the lead originated where they are not licensed in?

A

Massachusetts, Mississippi, Montana, New Hampshire, Texas and Tennessee

24
Q

What states do we not accept leads that originated from?

A

New Mexico, Washington and West Virgina

25
Q

INT

A

Has “table talk” in the comments, do not send out to be seen by other party

26
Q

DBA

A

doing business as

27
Q

UDAAP

A

Unfair, Deceptive, or Abusive Acts or Practices

28
Q

Definition of Marketing

A

means communications materials and activities that meet both the following standards for intent and content:

(1) Intended, as determined under paragraph (1)(ii) of this definition, to do any of the following:

(i)

(A) Draw a beneficiary’s attention to a MA plan or plans.

(B) Influence a beneficiary’s decision-making process when making a MA plan selection.

(C) Influence a beneficiary’s decision to stay enrolled in a plan (that is, retention-based marketing).

(ii) In evaluating the intent of an activity or material, CMS will consider objective information including, but not limited to, the audience of the activity or material, other information communicated by the activity or material, timing, and other context of the activity or material and is not limited to the MA organization’s stated intent.

(2) Include or address content regarding any of the following:

(i) The plan’s benefits, benefits structure, premiums, or cost sharing.

(ii) Measuring or ranking standards (for example, Star Ratings or plan comparisons).

(iii) Rewards and incentives as defined under § 422.134(a).

29
Q

contracts of adhesion

A

an agreement that is drafted by one party, so there is limited opportunity to bargain on terms

30
Q

recitals

A

stating facts of the case; context; purpose of the agreement being set forth

31
Q

dismissed with prejudice

A

cannot be refiled in court, dismissed permanently

32
Q

dismissed without prejudice

A

can be refiled at another time or can be filed in another court

33
Q

indemnification demand

A

claim of indemnity referenced from another agreeement

34
Q

released claims

A

waive of pursuit of claims

35
Q

no admission of fault or liability

A

not accepting wrongdoing

36
Q

severability clause

A

maintains validity of agreement even in short of one or more of the provisions of the Agreement being ruled as invalid or wholly or partly

37
Q

no waiver clause

A

prevents one or more party from inadvertently waiving any one or more of their contractual obligations set forth in the agreement

38
Q

non-reliance clause

A

understandings of the agreement were not made upon outside representations/statements and they should not be binding

39
Q

force majeure

A

prevents party or parties from being held liable if unforeseen events or circumstances occur that prevent said party or parties from performing their contractual obligations.

40
Q

HITECH Act

A

Health Information Technology for Economic and Clinical Health Act

41
Q

Termination for convenience

A

termination without cause

42
Q

termination with cause

A

termination for breaching provisions of a contract. ** ensure that contract narrows down to material breach.

43
Q

MSA

A

Marketing Services Agreement- carrier pays us to sell/market their plans.

44
Q

FMO Agreement

A

Field Marketing Organzation Agreement- similar in nature to that of MSA

45
Q
A

HPOne Dictionary (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions