Proprietary Notice
General Terms: Optum, Inc. and/or one of its subsidiaries (Optum”) is the owner/licensor of the HealthQX® Analytics as a Service product, including the software and clinical content (“Clinical Content”; collectively referred to as the “Work”). Optum has prepared the Work for exclusive use by its licensees of software applications embodying the Clinical Content, including to support implementation of bundled payment programs such as the PROMETHEUS Payment® Model and ECR Analytics®. The Work contains confidential and trade secret information of Optum and is provided to licensees who have an existing license agreement in force only under the time-limited license as provided under that license agreement. Licensee and any recipient thereunder shall use the Work in accordance with the terms and conditions of the license agreement.
If You Have Been Provided Access for Evaluation Purposes: Optum is the owner/licensor of the Work. Optum has prepared the Work for exclusive use by its licensees of software applications embodying the Clinical Content. The Work contains confidential and trade secret information of Optum and, if you have been provided access to the Work for evaluation purposes only, is provided to you only under a nontransferable, nonexclusive license whose term is limited to the time frame set forth in the e-mail notification sent to you containing your access password. You and any recipient hereunder shall use the Clinical Content in accordance with the terms and conditions of this license and the e-mail notification. You are granted this license solely for the purpose of your internal evaluation of the Work as part of your decision whether to license the Work, and for no other purpose. You expressly agree to keep the Work confidential and not to release or disclose the Work to any other third person without Optum's express written permission. Further reproduction, including but not limited to the printing of any portion of the Work or results obtained as part of the permitted evaluation, adaptation, incorporation into other media, and release of the Work by you is strictly prohibited except upon prior written permission of an officer of Optum. Notwithstanding the foregoing, any copies or reproductions of the Work made by you during the limited evaluation term shall be destroyed and shall not be used for any purpose upon the expiration of the term.
Proprietary Notice: The Work is protected under United States and international copyright and other intellectual property laws. If this Work is delivered pursuant to a federal government contract that requires the conveyance of rights in data to the government, it is understood that the Work, including commercial software, clinical content, third-party software, documentation and/or other technical data, was developed exclusively at Optum’s private expense, and that Optum will convey only limited or restricted rights in the Work to the government consistent with the guidance set forth in the Federal Acquisition Regulation (“FAR”) and/or FAR Supplements. Conveyance of any additional rights beyond limited or restricted rights in the Work requires Optum’s express consent contained in a separate written agreement.
Copyright © 2023 Optum, Inc. and/or one of its subsidiaries. All Rights Reserved.
No portion of this publication may be copied, reproduced, or incorporated into any other media without Optum’s prior written consent.
Acknowledgments and Disclaimer: The Clinical Content is developed by Optum’s clinical research staff which includes physicians, registered nurses, and other healthcare professionals. Many of Optum’s clinical staff hold advanced degrees and case management certification. The Clinical Content is reviewed and validated by a national panel of clinicians and medical experts, including those in community and academic practice settings, as well as within the managed care industry throughout the United States. The Clinical Content is a synthesis of evidence-based standards of care, current practices, and consensus from licensed specialists and/or primary care physicians.
The Clinical Content reflects clinical interpretations and analyses and cannot alone either resolve medical ambiguities of particular situations or provide the sole basis for definitive decisions. The Clinical Content is intended solely for use as screening guidelines with respect to the medical appropriateness of healthcare services and not for final clinical or payment determinations concerning the type or level of medical care provided, or proposed to be provided, to a patient.
THE WORK IS PROVIDED “AS IS.” OPTUM DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SERVICE OF THE WORK, OR THE COMPATIBILITY OF OUTPUT USING THE WORK WITH ANY LAW, REGULATION, OR ORDER. IN NO EVENT SHALL CHANGE HEALTHCARE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN CONNECTION WITH, OR ARISING OUT OF, ANY USE OF THE WORK.
Trademarks: HealthQX® is a trademark of Optum, Inc. and/or one of its subsidiaries. Evidence-informed Case Rates®, ECR® and PROMETHEUS Payment® are all registered trademarks of Optum, Inc. and/or one of its subsidiaries. All other trademarks are the property of their respective owners.
Patents: The Work may be covered by one or more pending or issued patents, for details visit: www.optum.com/patents.
Third Party Notices:
AMA CPT® Codes: The Work may incorporate the CPT® terminology developed and copyrighted by the American Medical Association (“AMA”). The CPT codes and terminology are provided pursuant to a license agreement between Optum and the AMA.
CPT copyright 2019 American Medical Association. All rights reserved. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein.
CPT is a registered trademark of the American Medical Association. Applicable FARS/DFARS Restrictions Apply to Government Use.
U.S. Government Rights
The Work includes CPT which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which was developed exclusively at private expense by the American Medical Association, AMA Plaza, 330 North Wabash, Suite 39300, Chicago, Illinois, 60611-5885. U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable, for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (December 2007) and/or subject to the restricted rights provisions of FAR 52.227-14 (December 2007) and FAR 52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.



