ClinicalSwipe × KinesisPartnership proposal · confidential
Partnership proposal · prepared for Chris Lee, Kinesis Integrated · August 2026

Let your customers pay with pre-tax health dollars — the honest way.

HSA/FSA eligibility for the Kinesis customers who genuinely qualify, established by real, independent physician review. Not a rubber stamp. A defensible yes — and an honest no.
ClinicalSwipe — the physician-accountability layer for health & performance. AI drafts it; a licensed human signs it.
A working proposal between partners. Not legal or tax advice. Everything here is gated on the two approvals in Section 11.
01 · What you asked

“Can our customers pay for Kinesis with their HSA/FSA?”

Short answer: yes — for the ones who qualify, and no, not by calling strength coaching “medical.”

Endurance athletes spend real money on your coaching, and a lot of them have HSA or FSA balances sitting unused — pre-tax dollars that save the holder roughly 25–37% depending on their bracket. The instinct is “get everyone a doctor’s note.” That version is common, it’s aggressive, and it would quietly put your customers and your brand at risk. This proposal is the version that actually holds up — and is a real differentiator precisely because most companies won’t do the work.

02 · The trap we won’t sell you

“A doctor’s note makes fitness HSA-eligible for everyone.” That’s the trap.

HSA/FSA dollars can only pay to treat or mitigate a diagnosed condition (IRS Publication 502), and the expense has to pass a “but-for” test — you wouldn’t have bought it except to treat that condition.

Strength coaching a healthy athlete buys to get faster fails that test. A doctor’s note doesn’t change the underlying purpose — and the IRS has said so directly.

IRS IR-2024-65 (2024): the IRS specifically warned about companies claiming a “doctor’s note” converts general wellness and fitness spending into HSA-eligible medical expenses. When there’s no real diagnosed condition, that’s often false — exposing the customer to clawback, penalties, and back-tax, and the signing physician to liability. Some companies sell exactly this model. We won’t.

Here’s the part that matters strategically: the rubber-stamp model doesn’t just risk your customers — it destroys the one thing that makes a physician letter worth anything: that a real physician would actually stand behind it. The honest model isn’t the cautious version of the product. It is the product.

03 · The ClinicalSwipe model

AI drafts the letter. A licensed, specialty-matched physician signs it — or declines it.

ClinicalSwipe is the accountability layer that healthcare-AI companies already pay us for. The law now requires a named, licensed human to own any AI-driven medical decision — AI can draft, it can’t decide. We supply that accountable signature, audit-trailed.

Applied to Kinesis, it means every eligibility letter is reviewed by a real physician who either signs a defensible Letter of Medical Necessity — or says no, in writing, at no charge to the customer. The “no” is not a failure of the system. The honest “no” is what makes the “yes” trustworthy.

Why this is different from a note mill: our reviewers are NPI-verified and specialty-matched, every decision is signed and logged to an append-only record, and the physician — not Kinesis, not a coach — is the accountable party for the medical judgment. That structure is the whole company. We’re not going to bend it for volume.
04 · Who genuinely qualifies

Yes, even among endurance athletes — a real subset qualifies.

These are customers for whom physician-directed strength training is treatment, not performance. It’s a minority of your base — and being honest about that up front is what keeps this defensible.

Rehab

Diagnosed injury under care

Post-op, stress fracture, tendinopathy, or other diagnosed musculoskeletal injury where structured strengthening is part of recovery.

Bone & energy

Low bone density / RED-S

Diagnosed osteopenia, prior stress-fracture history, or relative energy deficiency in sport — genuinely common in endurance athletes; weight-bearing strength work is standard treatment.

Metabolic / ortho

A managed condition

A diagnosed metabolic, cardiovascular, or orthopedic condition where a physician prescribes strength training as part of the care plan.

A customer who has none of these gets an honest “no LMN” — and that’s the correct, protective answer. Setting Chris’s expectation plainly: this is a premium eligibility path for a qualifying slice, not a blanket discount for the whole roster.

05 · How it works

Four steps. Days, not weeks.

1

Opt in + intake

The customer completes a short medical-basis intake (Section 6). ~3 minutes.

2

AI drafts

Where there’s a plausible basis, our system drafts a Letter of Medical Necessity. No basis → no draft.

3

Physician reviews

An independent, specialty-matched physician reviews and signs or declines — signed under their NPI, logged.

4

Customer pays

Qualifying customers use HSA/FSA for their program. Everyone else simply pays as usual.

Kinesis never touches the medical decision or the customer’s health data — you refer the option; the review happens on our side. That separation is deliberate: it keeps you clean and keeps the physician accountable.

Try the 2-minute pre-screen → See exactly what a customer experiences at step 1 — an honest check, not a rubber stamp.

06 · The screen that establishes a real basis

The intake, in plain questions (draft — physician-finalized)

1Do you have a diagnosed medical condition a doctor is currently treating? (yes/no + which)
2Are you doing this strength program on the recommendation of a physician or physical therapist, for a specific condition or injury? (yes/no)
3Do you have a current or recent diagnosed injury, stress fracture, or bone-density finding? (yes/no + details)
4Are you under a physician’s care for a metabolic, cardiovascular, or orthopedic condition? (yes/no)
5Who is the treating clinician we can reference? (name / practice — optional)

A “no” to all of these means no letter — automatically, before a physician even spends time on it. The screen protects the customer from themselves.

07 · What Kinesis can & can’t say

Language that protects the brand.

✕ Never say

  • “Unlock HSA/FSA for your training.”
  • “Your doctor’s note makes it eligible.”
  • “Use pre-tax dollars for Kinesis” (as a blanket claim).
  • Anything that implies everyone qualifies.

✓ Say

  • “HSA/FSA-eligible for customers who qualify, via independent physician review.”
  • “Eligibility is determined case-by-case by a licensed physician.”
  • “If you have a qualifying condition, your program may be covered.”

This isn’t legal fine print for its own sake — it’s the difference between a marketing claim that survives scrutiny and one that becomes a liability the first time a customer gets audited. The disciplined language is the premium signal.

08 · The economics

Real savings for the customer. Zero medical liability for Kinesis.

25–37%
Effective savings for a qualifying customer paying with pre-tax HSA/FSA dollars, depending on their tax bracket.
Flat fee
The physician review carries a flat per-review fee — never a cut of your revenue, never referral-tied (structured per OIG Advisory Opinion 25-03).
$0
Kinesis takes none of the review fee and owns none of the medical judgment. That’s a feature — it keeps everyone on the right side of anti-kickback rules.

Who pays for the review

The customer does, directly to the physician entity — and the review itself is typically an HSA/FSA-eligible medical expense. Cleanest path; keeps Kinesis out of the payment flow entirely. (Optionally, Kinesis can bundle it as a paid “eligibility check” add-on — we’ll take counsel’s read on that.)

What Kinesis gets

A new payment path that removes a price objection for qualifying customers, a premium “physician-reviewed” trust signal, better retention on that segment — and it all sits on top of your existing pricing, with no new liability landing on you.

09 · Why the honest version wins

The rigor isn’t the cost of doing this. It’s the edge.

Differentiated

Competitors sell the reckless version

“Physician-reviewed medical necessity” is a claim the note mills can’t honestly make. For a Boulder brand built on credibility, that gap is the moat.

Protected

Your customers don’t get clawed back

The defensible letter is the one that survives an audit. Doing it right is how you protect the exact people who trust you most.

Clean

The liability sits with an insured physician

The medical judgment is owned by a licensed physician-of-record — not by Kinesis and not by a coach. Coverage is arranged through the MSO structure before any review.

10 · The pilot

Start small, measure honestly, then scale what holds.

We prove the loop on synthetic cases first — no real customer health data until every gate in Section 11 is green.

Weeks 0–2 · Align

Chris + our physician finalize the qualifying-condition list and the intake. We build the Kinesis-branded opt-in flow on synthetic data.

Weeks 2–4 · Dry run

Run synthetic and volunteer cases end-to-end. Measure the approve/decline rate. Refine the criteria with the physician until the “no” rate feels right — that number is the honesty check.

Weeks 4–8 · Live cohort

Once legal + physician sign-off clear, open to a small, defined cohort of Kinesis customers who self-identify a qualifying condition. Real letters, real reviews, measured outcomes.

Month 3+ · Decide

Look at qualify rate, customer response, and physician comfort. Scale, adjust, or stop — on evidence, not hope.

11 · Before this goes live — two gates

We move fast on the build. We never get ahead of the law.

Gate 1

The legal opinion

Our counsel — telehealth / MSO-PC background — is already engaged, and the LMN → HSA/FSA question is in scope. If athletic-training letters need to narrow, we narrow. We don’t market or scale until this clears.

Gate 2

Physician sign-off

A licensed physician signs off on the qualifying-condition criteria and the intake before any real customer sees it. Malpractice / coverage confirmed in force before the first live review.

Why this is a fast conversation, not a cold start: the legal groundwork is already underway, and the HSA/FSA question for Kinesis fits inside the exact opinion our counsel is scoping. We’re not starting from zero — and we’re not skipping steps.
12 · Why ClinicalSwipe

We’re not a fitness-letter shop. We’re the accountability layer.

ClinicalSwipe exists because the model is the commodity and the accountable human signature is the product. Healthcare-AI companies pay us to put a named, insured, specialty-matched physician behind their AI outputs. Kinesis gets that same rigor, pointed at your customers’ eligibility.

What’s already real

A working reviewer console where NPI-verified physicians sign or decline cases into an append-only, audit-trailed record. Two physician co-founders. Counsel engaged. Built and running.

Who stands behind it

A founding team of physicians and healthcare-technology operators — with the compliance structure (MSO–PC, flat-fee per OIG AO 25-03, physician-of-record) built in from day one, not bolted on.

13 · The ask & next steps

Let’s do the honest version — and make it the best version.

1
A 30-minute call to align on the qualifying-condition list and how Kinesis would present the option to customers.
2
5–10 candidate customers you think might genuinely qualify — so we can pressure-test the criteria against real (de-identified) situations.
3
We bring the physician and the intake. You bring the customer relationship and the honest read on who this actually helps.

Blaine Warkentine, MD — Founder, ClinicalSwipe
The physician-accountability layer for health & performance

Working proposal between partners — not legal, tax, or medical advice, and not an offer of insurance or a guarantee of reimbursement. HSA/FSA eligibility is determined case-by-case by an independent licensed physician and is subject to the customer’s own plan rules and IRS regulations (including IRS Publication 502 and IRS guidance IR-2024-65). No real patient data is handled until the legal opinion, BAAs, physician sign-off, and coverage described in Section 11 are all in place. Compliance structure references OIG Advisory Opinion 25-03. Confidential — for Kinesis Integrated and ClinicalSwipe only.  ·  clinicalswipe.com