Terms & Conditions

Terms & Conditions — CoverMyPharmacy LLC

Effective Date: 08/30/2025

Last Updated: 08/30/2025

By using CoverMyPharmacy LLC (“CMP,” “we,” “us,” “our”) services, you agree to these Terms & Conditions (“Terms”). These Terms form a binding agreement between you and CMP. If you do not agree, do not use the Platform.

1. Nature of the Platform

  • CMP operates as a connector platform for independent pharmacists (“Pharmacists”) and pharmacy owners/managers (“Owners”).

  • CMP is not an employer, staffing agency, joint employer, supervising pharmacist, or medical practice.

  • CMP does not direct, control, or supervise the work of Pharmacists in any Engagement.

2. Eligibility & Accounts

  • You must be 18 or older and legally able to contract.

  • You agree to provide accurate information and maintain your credentials securely.

  • You are responsible for all activity under your account.

3. Sole Discretion to List or Remove

  • CMP reserves the absolute right, at its sole discretion, to accept, deny, suspend, or permanently remove any user, listing, or content from the Platform at any time, for any reason or no reason at all.

  • Grounds may include (but are not limited to) perceived risks, compliance issues, reputational concerns, or business considerations.

  • Continued access to the Platform is a privilege, not a right. CMP decisions are final and not subject to appeal.

4. No Guarantee of Work or Access

  • Inclusion on the Platform does not guarantee shifts, income, or continued visibility.

  • CMP makes no representation that any Engagement will occur.

  • Users agree CMP is not liable for lost opportunities, lost wages, reputational harm, or similar damages resulting from suspension or removal.

5. Licensure & Exclusion Checks

  • CMP may screen Pharmacists for licensure and against Medicaid/OIG Exclusion Lists, but Owners remain ultimately responsible for verifying credentials.

  • Pharmacists must maintain active licensure and notify CMP of any status changes.

6. Payments & Engagements

  • CMP does not process payroll or payments. Owners and Pharmacists determine rates, payment method, and timing directly.

  • Recommended defaults:

    • Pharmacist cancellation < 24 hours → may result in removal from CMP. No-shows → subject to permanent removal.

7. Regulatory Compliance

  • Owners: Responsible for all regulatory compliance, including NYSED Board of Pharmacy, DEA, PDMP/I-STOP, and Medicaid/Medicare billing rules.

  • Pharmacists: Must comply with all practice standards, Board of Pharmacy requirements, and professional liability obligations.

8. Independent Contractor Status

  • Pharmacists are independent contractors, not employees of CMP or Owners.

  • Pharmacists are responsible for taxes, benefits, malpractice insurance, and CE requirements.

9. Confidentiality & PHI

  • CMP is not a HIPAA Business Associate and does not store PHI.

  • Owners and Pharmacists must comply directly with HIPAA/HITECH.

  • Only non-PHI logistics may be shared through CMP (dates, times, systems).

10. Acceptable Use

Users agree not to:

  • Post false or unlawful content

  • Misrepresent identity or credentials

  • Discriminate unlawfully under Title VII, ADA, or NY Exec. Law §296

  • Upload PHI or billing records to the Platform

11. Limitation of Liability

  • CMP provides the Platform “as is” without warranties.

  • CMP is not liable for indirect, incidental, consequential, or punitive damages.

  • To the fullest extent permitted, CMP’s aggregate liability shall not exceed the greater of $100 or the fees paid to CMP in the 3 months prior to the claim.

  • Users agree their sole and exclusive remedy for suspension, denial, or removal is discontinuation of Platform use.

12. Indemnification

You agree to indemnify and hold harmless CMP from claims, damages, and costs arising out of:

  • Your use of the Platform

  • Your acts or omissions in any Engagement

  • Your breach of these Terms or violation of law

13. Termination & Modification

CMP may suspend or terminate access at any time in its sole discretion. CMP may modify these Terms by posting updates with a revised “Last Updated” date. Continued use = acceptance.

14. Governing Law & Venue

  • These Terms are governed by the laws of the State of New York.

  • Venue: New York County Supreme Court or the U.S. District Court for the Southern District of New York.

  • Optional: You may insert a binding arbitration clause if you prefer private resolution.

15. Entire Agreement

These Terms, along with CMP’s Privacy Policy and Cookie Policy, constitute the entire agreement between CMP and users.

Contact

CoverMyPharmacy LLC

covermypharmacy@gmail.com

Terms & Conditions — CoverMyPharmacy LLC (New York-Specific)

Effective Date: 08/30/2025
Last Updated: 08/30/2025

By using CoverMyPharmacy LLC (“CMP,” “we,” “us”) services, you agree to these Terms. These govern your use of our platform connecting independent pharmacists (“Pharmacists”) with pharmacy owners/managers (“Owners”) for coverage in New York State.

General Provisions

  1. New York Licensing & Scope

    • All Pharmacists must maintain an active license in good standing with the New York State Board of Pharmacy (Education Law Article 137, 8 NYCRR Part 63).

    • Owners are responsible for ensuring assignments comply with NYSED/Board of Pharmacy regulations, including supervising pharmacist-in-charge requirements.

  2. No Agency or Employment Relationship
    CMP is not an employer, staffing agency, or supervising pharmacist. All Pharmacists are independent contractors. CMP facilitates introductions only.

  3. Medicaid, Medicare & OIG Compliance

    • CMP screens Pharmacists against the OIG Exclusion List and NY Medicaid Exclusion List.

    • Owners remain responsible for verifying staff against Medicaid/Medicare provider enrollment and audit requirements.

  4. HIPAA/HITECH & PHI

    • CMP does not handle patient PHI and is not a HIPAA Business Associate.

    • Owners and Pharmacists must comply with HIPAA/HITECH directly in practice settings.

Part A — Pharmacy Owners & Managers

  1. Operational Responsibility

    • Owners remain responsible for DEA compliance, perpetual inventory (10 NYCRR §80.19), controlled substance recordkeeping, and PDMP checks (I-STOP, PHL §3309-a).

    • All policies, system access, and technician support must be provided.

  2. Credentialing

    • Owners must verify Pharmacist identity, immunization authorization (if applicable, 10 NYCRR §63.9), and training.

    • Assignments outside legal scope are prohibited.

  3. Payments & Cancellations

    • Rates and payment method are negotiated directly.

    • Default standards (recommended):

      •  

      •  

  4. Workplace Protections

    • Owners must provide a safe, non-discriminatory workplace (Executive Law §296).

    • Owners remain responsible for workers’ comp for their employees; Pharmacists contracted via CMP remain independent contractors.

  5. Billing & Audit Risk

    • Owners bear sole responsibility for claims submitted to Medicaid/Medicare/insurers. CMP is not liable for audit outcomes.

Part B — Pharmacists / Independent Contractors

  1. Independent Contractor Status

    • Pharmacists acknowledge responsibility for self-employment taxes (26 U.S.C. §1401), malpractice insurance, and continuing education (NYCRR Part 63.6).

  2. Licensure & Reporting

    • Pharmacists must notify CMP and Owners immediately if license status changes or if excluded from Medicaid/Medicare.

  3. Professional Judgment

    • Pharmacists retain full independent judgment and must follow NY State Board of Pharmacy standards of practice.

  4. Insurance

    • Pharmacists must maintain professional liability insurance (recommended: $1M/$3M).

  5. Cancellations

    • Pharmacist cancellation < 24 hours may result in removal from the CMP platform.

    • No-shows may result in termination of platform access and possible liability for documented Owner losses.

  6. Conduct & Compliance

    • Pharmacists must arrive fit for duty, comply with all lawful Owner policies, and refuse unlawful tasks (e.g., off-label compounding outside USP 795/797/800).

Dispute Resolution & Governing Law

  • These Terms are governed by New York law.

  • Venue: New York County Supreme Court or SDNY federal court.

  • Optional: Arbitration clause under AAA rules in NYC (insert if preferred).

Entire Agreement

These Terms, plus incorporated Privacy and Cookie Policies, form the entire agreement between CMP and users.

Contact

CoverMyPharmacy LLC

covermypharmacy@gmail.com