ATTACHMENT - 4


TO LABORATORY SERVICES AGREEMENT BETWEEN QUEST DIAGNOSTICS
AND
BIOTE MEDICAL


LETTER OF PARTICIPATION


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Upon execution of this Letter of Participation (“LOP”) hereof by Customer and delivery to and acceptance by Quest Diagnostics (“Quest Diagnostics”), Quest Diagnostics shall supply Services to Customer pursuant to the Laboratory Services Agreement dated 5/30/2025 by and between Quest Diagnostics and BIOTE MEDICAL, as the Party Representative (the “LSA”) a copy of which has been made available to Customer.


Customer is a Customerclient of BIOTE MEDICAL, under the terms of a written and executed consulting and servicesagreement between Customer and BIOTE MEDICAL Capitalized terms not defined herein have the meanings ascribed to them in the LSA.


  • By executing this Letter of Participation, Customer agrees that:
    1. The terms of the LSA are incorporated by reference in to this LOP, and Customer acknowledges that it has received and read the LSA, understands the LSA terms, and agrees that it is obligated to comply with the LSA obligations of Client and Customer (as applicable), as defined in the LSA.
    2. Customer shall compensate Quest Diagnostics within thirty (30) days of the date of Quest Diagnostics' invoices for Services. Customer's obligation to pay for Services rendered prior to termination of the LSA or this LOP shall survive termination of either agreement. All billing for Services will be in accordance with the terms of the LSA and applicable law.
    3. As set forth in Section 2.3 of the LSA, Customer will provide complete and accurate billing information to accompany each order for laboratory services. Such information includes, without limitation and to the extent applicable, complete and accurate (1) patient demographic information, (2) insurance/Medicaid eligibility information, (3) diagnosis codes in the form of ICD-10 codes, and (4) any other required billing information. In the event that complete and accurate billing information is NOT timely provided, or if Quest Diagnostics is otherwise not permitted by law to bill the payor requested, Customer agrees that it shall be held directly responsible for payment.
    4. This LOP may be terminated: (a) without cause, by either party providing no less than thirty (30) days notice to the other party of its intention to terminate this LOP, and (b) with cause, by either party by providing the other party with fifteen (15) days prior written notice of the cause for the termination, giving the breaching party 15 days to cure the breach. If not cured within the 15 day time period, then this LOP will terminate immediately upon the breaching party's receipt of subsequent notice that the breach has not been cured and that the contract is terminated. In addition, if the LSA is terminated, this LOP shall be terminated, and Quest Diagnostics will notify Customer of such termination.
    5. Customer represents and warrants that it has not been convicted of a crime related to healthcare and is not currently listed by a federal agency as debarred, excluded or otherwise ineligible for participation in federally funded programs (including, without limitation, federally funded healthcare programs, such as Medicare and Medicaid). If the foregoing representation changes during the term of this Agreement, Customer shall promptly notify Quest Diagnostics (within ten (10) days of such change).
    6. Customer further represents and warrants that (i) it employs or contracts with healthcare providers authorized to order laboratory services in the states it orders the Services, with all Services being ordered by such authorized healthcare providers and (ii) it is duly qualified to do business in the state(s) where Customer will order the Services.
    7. Customer shall maintain general and professional liability insurance in amounts adequate to cover its acts and omissions, which shall be, at a minimum, $1,000,000 per claim and $3,000,000 aggregate for professional liability and $1,000,000 per claim and $2,000,000 aggregate for general liability and shall maintain such insurance (or “tail” coverage thereon) for a period of at least four (4) years after the termination of this Agreement. Customer agrees to furnish Quest Diagnostics, upon request, with a current and valid Certificate of Insurance, evidencing its general liability and professional liability insurance coverage. The provisions of this section shall survive termination of this LOP.
    8. Customer will comply with all laws and regulations applicable to it, including licensing and certification requirements. Any Services ordered will be ordered only by individuals with valid current license under applicable laws to order such Services.

  • Fees for lab testing services set forth under this LOP shall not apply to any lab testing purchased by Customer prior to the effective date of this LOP.

  • These terms apply to any Quest Diagnostics entity that performs Services for the Customer.


Dated: 5/30/2025


NOTE: The Letter of Agreement does not take effect until this document is acknowledged by Quest Diagnostics.