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Aer Healthcare Sleep Test Agreement and Fair Use Policy

1. Mission Statement and Fair Use Policy

At Aer Healthcare, our mission is to provide premium, comprehensive sleep testing services to anyone in Australia, while keeping costs as low as possible. We operate under a minimum-cost model so that more users can access affordable sleep testing.

To achieve this, we require your cooperation in using and returning the sleep test kit efficiently. This ensures other patients can access timely diagnosis and treatment.

2. Definitions

  • Patient: The individual who is using the sleep test equipment.

  • User / You / Your / I: The patient receiving the sleep test kit and/or the person paying for the sleep test kit jointly and severally.

  • Aer / We / Us / Our: Aer Healthcare Pty Ltd.

3. Service Description

This service provides a single-night home sleep study using advanced diagnostic equipment. By proceeding, you agree to:

  • Perform the sleep test on the night you receive the kit.

  • Return the kit using the provided prepaid express post label on the day following your sleep test night.

4. Fee Structure

  • Out-of-pocket fee: $199.00 (administration, GP referral, shipping, and handling).

  • Medicare item 12250 fee: Bulk billed directly to Medicare once your test is completed.

If Medicare does not pay the fee due to your ineligibility or inaccurate information provided by you, you agree to pay $324.70, the Medicare rebate amount.

5. Cancellation Policy

  • Cancellation before dispatch: Refund minus a $45 booking fee (covers GP referral cost and administration time).

  • Cancellation within three business days before your appointment: Your $199.00 payment may be forfeited in full due to kit programming and preparation.

  • Cancellation after dispatch: Penalty fees apply (see Section 7).

6. User Declarations

By signing this agreement, you declare:

  1. You have not completed a Medicare-funded home sleep test under item 12250 within the last 12 months.

  2. Your Medicare card details are accurate and valid.

  3. You will perform the sleep test for one night only, as instructed in part 3.

  4. You will complete the morning questionnaire and submit the required setup photos.

  5. If you’re unable to perform the test on the night of your booking, you must contact Aer via email (info@aerhealthcare.com.au) on that same day.

  6. You will use the equipment as per the provided instructions and record a minimum of 8 hours of data (including setup time) as required for Medicare item 12250. For the official definition and requirements for ‘8 hours’ under MBS item 12250, refer to the Medicare Benefits Schedule note for Item 12250.

7. Penalty Fees for Noncompliance

  1. Fail to Complete Fee: If you fail to complete the sleep test after receiving the kit, you agree to pay $324.70, representing Aer Healthcare’s lost Medicare billing income.

  2. Late Return Fee:

If you fail to return the kit by posting it back on the day following your sleep test, you agree to pay a Late Return Fee of $300 per day.

This fee is a genuine pre-estimate of Aer Healthcare’s daily loss, calculated as follows:

Cost Component

Daily Cost

Lost Medicare billing revenue

$139.60

Cleaning and preparation costs

$82.19

Administrative management costs

$119.53

Total Daily Operational Loss

$341.34

 

The Late Return Fee is set at $300/day, less than our actual daily loss. It is not a penalty but a reasonable cost recovery to protect Aer Healthcare’s legitimate business interests and ensure access for other patients.

  1. Other Penalty Fees:

  • $69 re-delivery fee if you choose to redo the test due to failure to follow setup instructions.

  • $10 fee if you fail to return the roll of tape provided.

  • $50 cleaning fee if you do not remove all electrode stickers and nasal cannula as instructed.

  • $50 reassembly fee if you unplug electrode leads from the top unit.

  • Replacement cost: $10,000 if the equipment is not returned or is damaged beyond repair due to negligence.

8. Negligence and Duty of Care

You are deemed negligent if you:

  • Fail to follow instructions provided.

  • Fail to act with reasonable care.

  • Damage, lose, or fail to return equipment.

In such cases, you agree to pay for repair or replacement costs.

9. Payment Authority

You authorise Aer Healthcare to collect any penalty fees incurred via the payment card used for your out-of-pocket expense. If the payment cannot be processed, you agree to pay the outstanding amount upon request. You are responsible for any collection costs or default fees if debt collection is required.

10. Privacy and Medicare Assignment

By submitting this agreement, you:

  • Agree to Aer Healthcare’s Privacy Policy.

  • Assign your Medicare benefit for item 12250 to the Sleep Physician who renders your sleep test service. This assignment is only used if your sleep study is successfully completed.

11. User Acknowledgement and Consent

I confirm that:

  • I am 18 years or older.

  • I have reviewed the setup instructions and choose to proceed.

  • I understand all fees, penalties, and my obligations under this agreement.

  • I agree to the Aer Healthcare Sleep Test Agreement and Fair Use Policy in full.

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