Last Updated: June 15, 2018

THESE TERMS OF USE ("TERMS") GOVERN USE OF THE SERVICE WHICH REFERENCES THEM. FOR PURPOSES OF THE FOREGOING SENTENCE, THE TERM "REFERENCES" MEANS THE LINK YOU CLICKED THAT BROUGHT YOU TO THESE TERMS.

THE TERM "YOU" MEANS THE INDIVIDUAL END USER ACCESSING AND USING THE SERVICE.

THIS IS A LEGALLY BINDING AGREEMENT. BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, OR BY YOUR CONTINUED USE OF THE SERVICE, YOU AGREE TO THESE TERMS AND TO BE BOUND BY THEM.

IF YOU USE THE SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT USE THE SERVICE.

THESE TERMS MAY BE AMENDED FROM TIME TO TIME. BEST EFFORTS WILL BE MADE TO NOTIFY YOU WHEN THESE TERMS ARE AMENDED; HOWEVER, IT IS INCUMBENT UPON YOU, THE USER, TO CHECK THE TERMS FREQUENTLY TO REMAIN KNOWLEDGEABLE OF THESE TERMS AND HOW THEY IMPACT YOU AND YOUR USE OF THE SERVICE.

1. The Service is owned and operated by Health Intelligence Company, LLC d/b/a Blue Health Intelligence ("BHI"). BHI operates the Service on behalf of its partner organizations ("Partner(s)"). Information and data made available through the Service is intended only for the use of the individual or entity to which a login has been assigned and may contain information that is privileged and confidential. You hereby attest that you are an authorized user of the Service.

2. These Terms are not intended to replace or supersede any agreement You have with a BHI Partner. Notwithstanding, to the extent any agreement you have with a BHI Partner conflicts with these Terms, You agree that BHI may rely upon these Terms for all purposes.

3. You understand and acknowledge that the Service, and all information and data provided therein, is intended solely for informational and analytical purposes only and should not be used to perform medical diagnostic functions, used to set treatment procedures, or used as a substitute for the medical judgment of a physician or qualified healthcare provider. No information or data available through the Service should be used as a replacement for a financial reporting system. Moreover, You understand and acknowledge that the Service, and information provided therein, may include or incorporate third party information which is not subject to evaluation by BHI and is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill and judgment of healthcare professionals.

4. The Service, as well as all content exhibited on or provided through the Service, is the exclusive property of BHI and other third parties. All copyrights, trademarks, design rights, patents and any other intellectual property, whether it is registered or unregistered, exhibited on or through the Service belongs to BHI or a third-party licensor. BHI and its licensors reserve all rights in the Service and in their respective content and materials made available through the Service. Nothing in these Terms grants You a right or license to use any trademark, design right, copyright or other right owned or controlled by BHI or any third party except as otherwise permitted herein.

5. You will not, directly or indirectly, do any of the following (regarding the Service and/or any materials/content):

a. translate, reverse engineer, decompile, disassemble or otherwise attempt to discover or copy the object code, source code or underlying ideas or algorithms of the Service;

b. modify, translate, or create derivative works based on any element of the Service or any related documentation provided to you;

c. attempt to decode, decrypt or otherwise determine the identity of any individual whose de-identified information may be contained within or provided by the Service, unless You have the proper authorization to do so;

d. transfer your rights to use the Service;

e. rent, lease, lend, transfer, sell, re-distribute or sublicense the Service or any documentation received in relation thereto;

f. remove any notice or legends exhibited on the Service or the material or information available through the Service; or

g. use the Service for any purpose other than its intended purpose.

6. Access to the Service is password protected. You agree to keep your username and password confidential. You are responsible for keeping confidential all user identification, usernames and/or passwords and you agree not to share your user identification and passwords. You are solely responsible for all activities that occur under your account when accessed with your user identification and password. You agree to notify BHI of any unauthorized use of your account or any other breach of security of which You become aware. BHI shall have no liability for any loss or damages arising from your failure to comply with this paragraph.

7. BHI may terminate Your access to the Service without cause or notice. Such termination may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that, by their nature, should survive termination will survive termination, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

8. BHI MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ANY WARRANTY OF QUALITY, ACCURACY, USEFULNESS OR ANY REPRESENTATION, WARRANTY OR CONDITION FROM COURSE OF DEALING OR USAGE OF TRADE. THE SERVICE, AND ALL MATERIALS AND INFORMATION AVAILABLE THROUGH THE SERVICE, ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITH NO GUARANTEE THAT THE SERVICE, MATERIALS OR INFORMATION WILL BE ERROR-FREE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFULL COMPONENTS.

9. BHI WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE VIA THE SERVICE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR OR OMISSION IN SUCH INFORMATION. NOR WILL BHI BE LIABLE FOR YOUR INABILITY TO ACCESS OR USE THE SERVICE. IN NO EVENT WILL BHI BE LIABLE TO YOU OR ANY PERSON UTILIZING YOUR ACCOUNT FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SAVINGS OR REVENUE, EVEN IF ADVISED OF POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR JURISDICTIONS MAY HAVE LEGISLATION THAT RESTRICTS THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. You represent and warrant that you have the authority to access and use the data and information made available to You through the Service. You agree to protect the confidentiality of the information available through the Service, and not disclose the information except as Your authorized use permits. You further agree that you will not use any data or information available to you through the Service in a manner that violates any federal, state or local laws.

11. These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without regard to any conflicts of law principles applied in that state. Any suit or proceeding relating to these Terms shall be brought only in Cook County, Illinois.

12. A waiver of, or a failure to enforce, any breach of a provision in these Terms will not constitute a waiver of any other breach. If any provision of these Terms is deemed, by a court of competent jurisdiction, to be invalid or unenforceable, such judgment shall not invalidate or render unenforceable the remainder of the Terms.

13. To the extent applicable to Your use of the Service, by agreeing to these terms and conditions, You agree that data (including demographic information, individually identifiable health information and protected health information) pertaining to Your enrollees, who may be enrolled in Medicare Advantage or Part D Prescription Drug Plan coverage administered or otherwise provided may be combined, collected, or aggregated with similar data pertaining or relating to Your enrollees with non-Medicare Advantage or non-Part D Prescription Drug coverage. As noted, this provision may not apply to Your use of the Service, and its inapplicability to Your use will not impact the remaining provisions herein as applied to You.

14. The Service contains content that BHI receives from third parties. As a condition of the contracts between BHI and these third parties, certain terms and conditions must be passed through to You, the end user of the Service. Immediately set forth below are third-party pass through terms. Not all third-party terms may be applicable to your use of the Service, but to the extent one or more are applicable to your use, then You hereby agree to such terms. If You do not agree with the pass-through terms, then You must discontinue use of the Service. BHI reserves the right to amend these third-party terms from time-to-time as necessary to reflect terms that third-party providers require flow down to You, the end user.

______________________________________________________________________

AMERICAN MEDICAL ASSOCIATION

1. General. The Service contains content licensed to BHI from the American Medical Association ("AMA") for the use of AMA editorial content, including content from the Current Procedural Terminology, Fourth Edition ("CPT Book") and the data file(s) of the Current Procedural Terminology ("CPT"), collectively hereinafter known as "Editorial Content".

2. Restrictions.

a. Use of Editorial Content is permitted by a non-transferable, non-exclusive license grant for the sole purpose of internal use by the End User within the territory specified, if any.

b. End User is prohibited from publishing, distributing via the Internet or other public computer-based information system, creating derivative works (including translating), transferring, selling, leasing, licensing or otherwise making available to any unauthorized party the Service.

c. Updated Editorial Content in the Service is dependent on continuing contractual relationship between BHI and the AMA.

d. End User must ensure that anyone with authorized access to the Service will comply with the provisions of the Terms of Service between BHI and the End User.

e. Any rights not specifically granted in these flow-down terms are excluded.

3. Notices.

a. Notices for CPT.

i. CPT is copyrighted by the AMA and is a registered trademark of the AMA.

CPT copyright [Year] American medical Association. All rights Reserved.

ii. U.S. Government Rights. This product 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 N. Wabash Ave., Suite 39300, Chicago, IL 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) (February 2014) 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 (May 2014) and/or subject to the Limited Rights Notice or the Restricted Rights Notice of FAR 52.227-14 (May 2014) and FAR 52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.

b. Notices for CPT Assistant.

i. CPT Assistant is copyrighted by the AMA.

ii. US Government Rights. This product includes CPT and/or CPT Assistant which are commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable which were developed exclusively at private expense by the American Medical Association, AMA Plaza, 330 N. Wabash Ave., Suite 39300, Chicago, IL 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) (February 2014) 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 (May 2014) and/or subject to the Limited Rights Notice or the Restricted Rights Notice of FAR 52.227-14 (May 2014) and FAR 52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.

iii. Restrictions for CPT Assistant. Printing or downloading CPT Assistant Editorial Content is permitted solely for internal use, without any modification to the content, and in such a way that the appropriate citation is included.

c. Notices for CPT Changes.

i. CPT Assistant is copyrighted by the AMA.

ii. US. Government Rights. This product includes CPT and/or CPTÂ® Changes which are commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable which were developed exclusively at private expense by the American Medical Association, AMA Plaza, 330 N. Wabash Ave., Suite 39300, Chicago, IL 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) (February 2014) 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 (May 2014) and/or subject to the Limited Rights Notice or the Restricted Rights Notice of FAR 52.227-14 (May 2014) and FAR 52.227-19 (December 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements.

iii. Restrictions for CPT Changes. Printing or downloading CPT Changes Editorial Content is permitted solely for internal use, without any modification to the content, and in such a way that the appropriate citation is included.

4. Back Up Rights.

a. End User may only make copies for back up or archival purposes.

b. All notices of proprietary rights, including trademark and copyright notices, must appear on all permitted back up or archival copies made.

5. Warranties. Editorial Content as contained in the Service is provided "as is" without any liability to the AMA, including without limitation, no liability for consequential or special damages, or lost profits for sequence, accuracy, or completeness of data, or that It will meet the End User's requirements. AMA's sole responsibility is to make available to BHI replacement copies of the Editorial Content if the data is not intact. The AMA disclaims any liability for any consequences due to use, misuse, or interpretation of information contained or not contained in Editorial Content.

6. Miscellaneous.

a. The permissions granted herein will terminate in the event of default.

b. In the event a provision is determined to violate any law or is unenforceable the remainder of these terms will remain in full force and effect.

______________________________________________________________________

WOLTERS KLUWER HEALTH

1. General. The Service contains content licensed to BHI from Wolters Kluwer Health, Inc. ("WKH"), as well as proprietary software and other materials, including material licensed to WKH by third parties (collectively, "WKH Materials").

2. License Restrictions. End User shall not:

a. Use, permit the use of, or permit access to the WKH Materials, except as otherwise expressly permitted;

b. Print in whole or in substantial part the WKH Materials;

c. Modify, translate, reverse engineer, decompile, disassemble, or attempt to derive or alter any source code of the WKH Materials or any underlying software;

d. Use the WKH Materials to provide service bureau, time sharing, or similar services to third parties, including any parent, subsidiary, or other affiliate of End User, unless such use is explicitly permitted;

e. Distribute, sublicense, sell, assign, transfer, rent, lease, pledge, or encumber the WKH Materials, or make any attempt to do so;

f. Alter, remove, or hinder delivery of any copyright, disclaimer or proprietary notice appearing on the WKH Materials;

g. Take any action compromising, or that has the possibility of compromising, the enjoyment and use of the WKH Materials by any other WKH customer;

h. Take any action compromising, or that has the possibility of compromising, WKH's rights in the WKH Materials; or

i. Redistribute the WKH Materials in whole or substantial part for any purpose.

3. No Competitive Products. End User will not use the WKH Materials or results derived therefrom to develop a product(s) or service(s) in any format similar to, or which could be competitive with, the WKH Materials or any other product(s) or service(s) provided by WKH or an entity under common ownership with WKH.

4. Use of Name. End User will not use WKH's name, or any mark owned by WKH.

5. End User Modification. End User will not modify, or create a derivative work from, the WKH Materials without the explicit, prior written permission of WKH. End User assumes all liability for any modification made by End User or on behalf of End User by an agent of End User. WKH disclaims all warranties of any nature, express and implied, regarding any End User modifications to WKH Materials. End User agrees to defend, indemnify, and hold WKH harmless from any claims or damages, including reasonable attorney fees, arising from End User modifications to WKH Materials.

6. Professional Responsibility. End User acknowledges that the professional duty to the patient in providing healthcare services lies solely with the healthcare professional providing patient care services. End User takes full responsibility for the use of information provided through the WKH Materials in patient care. Clinical information, if any, in the WKH Materials is intended as a supplement to, and not a substitute for, the knowledge, expertise, and judgment of professional personnel. WKH disclaims liability for the use of any information provided by, or results obtained from, the WKH Materials used by professional personnel. WKH, its affiliates and licensors are not liable for actions of End User which may results in any liability due to malpractice or failure to warn.

7. Additional Conditions for Certain Software. If the WKH Materials include databases, application program interfaces, applications, or other software sent to, or downloaded by, End User, the below provisions apply to such WKH Materials.

End User shall not:

a. Distribute, or permit the distribution of, the WKH Materials or related documentation to any third party;

b. Copy or permit the copying of, the WKH Materials or related documentation unless the copying is solely for archival purposes or End User's internal back up and use; or

c. Include the WKH Materials in open source software.

8. Disclaimer of Warranties. The WKH Materials and any services provided by WKH are accepted by End User "As Is" and without any warranty whatsoever. WKH, its affiliates and licensors make no representations or warranties with respect to the WKH Materials or any services, and WKH, its affiliates and Licensors disclaim all representations and warranties of any kind or nature, express or implied, arising out of or related to use of WKH Materials or results derived therefrom, including, but not limited to, any warranties regarding accuracy, quality, correctness, completeness, comprehensiveness, suitability, system availability, compatibility, merchantability, fitness for a particular purpose, title, noninfringement, or otherwise (irrespective of any course of dealing, custom or usage of trade). WKH is not responsible for any delays, delivery failures, or other damages resulting from delays, latency issues, and other problems inherent in the use of the internet and electronic communications.

9. Limitation of Liability. Notwithstanding anything in this agreement to the contrary, in no event will WKH, its affiliates, or Licensors, or any of its or their respective directors, officers, employees, or agents, be liable to End User under any theory of tort, contract, strict liability or other legal or equitable theory, (a) for lost profits, lost revenues, lost business opportunities or exemplary, punitive, special, incidental, indirect, consequential or similar damages, each of which is hereby excluded by agreement of the parties, regardless of whether such damages; or (b) for any claims damages or costs of any nature.

10. Permitted Use. The WKH Materials or data extracted therefrom shall not be imbedded in or used in support of applications that provide for electronic prescriber order entry, inpatient, outpatient, clinic, or office drug dispensing, retail, mail order, specialty, or network pharmacy operations or dispensing, claims, preparation, processing, or adjudication, drug pricing review or drug re-pricing patient or consumer medication education, point-of-care reference by clinicians, electronic medical records, clinical code mapping, formulary creation or management, call center operation, disease case management, home health care operations, research for publication, medication therapy management services, long term care dispensing or operations, or operations, or any other clinical or business application without prior written approval from WKH. End User may not publish, distribute or otherwise disclose WKH's Generic Product Identifier (GPI) code, WKH's Therapeutic Classification codes WKH's Generic Equivalency Average price (GEAP), WKH's Average Average Wholesale Pricing (AAWP), WKH's Dispensable Drug ID (DDID) code, WKH's Packaged Drug ID (PDID) Code, WKH's Routed Drug ID (RDID) code, WKH's Medical Condition code, WKH's knowledgebase Drug Code (KDC), WKH's Master Parameters code, or WKH's Brand Probability Percent Value to any Third Party without specific prior written permission from WKH. The permitted use does not include patient/consumer access to data from the WKH Materials by means of a web site. Notwithstanding the preceding provisions, End User may use the WKH Materials to stratify, report on, and identify candidates for disease case management or medication therapy management programs, but may not provide the WKH Materials to health care professionals for use by the professionals in counseling patients enrolled in such programs.

______________________________________________________________________

HHS-HCC RISK ADJUSTMENT MODEL AND CMS=HCC RISK ADJUSTMENT MODEL

Subject to the Open Database License (ODbL): https://opendatacommons.org/licenses/odbl/1.0/