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I was sent a sample contract that had this clause in it (g(b))—
b) If You elect not to have a transfer after cycle monitoring, egg retrieval and/or laboratory fertilization and culture, We will retain from Your Shared Risk Deposit all cycle charges that have accrued as if that cycle was conducted outside of the Program and You will be refunded the remaining balance of Your Shared Risk Deposit, if any. The contact I am being asked to sign says this— b) If You are [/u]unable to any reason[u] not to have a transfer after cycle monitoring, egg retrieval and/or laboratory fertilization and culture, We will retain from Your Shared Risk Deposit all cycle charges that have accrued as if that cycle was conducted outside of the Program and You will be refunded the remaining balance of Your Shared Risk Deposit, if any. So if my first cycle is a total bust they will charge me as if I did a normal cycle? Was is the point of the shared risk then? Has anyone encountered this? |
| SGF was bought by Amulet medical so maybe this is one of many changes to come? |
| It sounds like they are disallowing embryo banking for shared risk. Which makes sense honestly. The promise is a live birth. You need to do a transfer to get there. If you want to bank, pay for that separately. So if you get embryos and don’t do a transfer, they deduct the cycle cost from what you paid and refund you. |
| And it says if you “elect.” If your cycle is a bust then you’re not “electing” not to transfer - you don’t have a choice because you have nothing to transfer. |
Original sample contract language used "elect." Actual contract language is "unable for any reason" to not transfer after going through the first part of the cycle. Sounds like it's a shared risk as long as the risk isn't too high for SG. |
They draft the contract. I’m not surprised they structure it that way. |
When did this happen? |
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OP Update— I spoke with them and they claim the change was not intended to be substantive (which I find hard to believe because why else would you change a perfectly clear clause). The interpretation of the new contract is very confusing because of the double negative and for the life of me I’m not sure why they would make it so unclear if they didn’t want to make a substantive change. In any case, it seems like it now says “if you are able to have a transfer” and this is under the heading of refunds so it would be a circumstance where you withdraw or they terminate the plan. IDK.
Also FWIW the contract specifically provides for embryo banking, you just have to pay more per cycle. |
| They are NOT honoring their original shared risk contracts and if you are in that program and want to discontinue and go elsewhere you are screwed! |
| not honoring how? |
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I thought you had to finish with them to get the money back - so six fails I want to say. After six attempts you either get a baby or your money back. I don’t remember it ever being you can quit when you want and get money back.
(This is to the person who said not honoring if you want to stop and change clinic - not the OP question which seems wholely shady. |
Yeah I can’t speak to what it was, but for now, if you withdraw, and have no frozen embryos, you should get a full refund. If you have embryos left over, you don’t get a full refund, which clearly makes sense. |
Yes, can you please explain ? |