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Explanation: The hold harmless clause in an insurance plan is a provision that prevents healthcare providers from billing the patient for any difference between the service fee and what the insurance plan agrees to pay. Essentially, it means that a patient is not responsible for paying what the insurance plan denies.
A hold harmless clause is used to protect the service provider in a contract from being held liable for damages or losses sustained by the party using those services. By signing the agreement, the second party accepts responsibility for certain risks involved in contracting for a service from the first party.
Generally, hold harmless agreements are enforceable in California if they are specific. Hold harmless provisions are strictly construed against the party they protect.
A hold harmless clause is commonly added to contracts. The idea is to protect the company and transfer some of the companys liability to you in return for the business they are sending to you. The clause requires that you protect the company with whom you are contracting if they are sued.
A hold harmless agreement, or HHA, is an agreement used to help prevent you or your organization from being held responsible for certain types of bodily injury or property damage. This type of agreement might also be referred to as a liability waiver, disclaimer, hold harmless letter, or release of liability.

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These hold harmless agreements are contracts, enforceable as any other contract would be, and courts can and do enforce them.

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