HomeMy WebLinkAbout20122013.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PATHOLOGY SERVICES AND AUTHORIZE
CHAIR TO SIGN — SUMMIT PATHOLOGY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement Concerning Pathology
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment, and Summit Pathology commencing upon full execution, with further terms and
conditions being as stated in said Agreement, and
WHEREAS, after review, the Board deems it advisable to approve said Agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement Concerning Pathology Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Department of Public Health and Environment, and
Summit Pathology be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of August, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Cs..t a qO.
Sean P. ConChair
Weld County Clerk to the Board
E a i, /Garcia, m
BY: \ �l ►� .p
Deputy Cle ^ to th- Board , 1861 ("..�".'{.._ ��
0 � a
APPROVED AS TO FORM: \iZèj r4 T5S C tea/
avid E. Long
ogQ
Cot.my Attorney P'r/ J tCt4llv.
Douglas Rademacher
Date of signature: H a
o n c) k &.wln v/®c.J/w y GC ." cdc, gi
& -/,Q F 2707 2012-2013
HL0039
AGREEMENT CONCERNING PATHOLOGY SERVICES BETWEEN SUMMIT
PATHOLOGY AND THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS ON
BEHALF OF THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
THIS AGREEMENT is made and entered into on this /S� day of flit A,
2012, by and between Summit Pathology and the Weld County Board of County Counitissioners,
Weld County, Colorado, on behalf of the Weld County Department of Public Health and
Environment("WCDPHE").
RECITALS:
WHEREAS, WCDPHE requires that certain pathology services be provided to eligible
WCDPHE patients; and
WHEREAS, Summit Pathology has the necessary credentials and the appropriate
personnel to provide the services in the State of Colorado, and to provide such services to
eligible WCDPHE patients; and
WHEREAS, WCDPHE would like Summit Pathology to provide services, and Summit
Pathology is willing and able to provide such services to eligible WCDPHE patients consistent
with the terms and conditions hereinafter set forth in this Agreement.
NOW THEREFORE, for and in consideration of the covenants, conditions, agreements,
and stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Recitals.The above set forth recitals are hereby incorporated as though set forth herein
verbatim.
2. Summit Pathology Services. The Services to be provided by Summit Pathology to
WCDPHE patients are listed in Exhibit A to this Agreement, attached hereto and incorporated
herein by reference.
3. Term of Agreement.This Agreement shall be effective for one(1) year from the date of
final execution by the Board of Weld County Commissioners. At the end of the initial one
year period, this Agreement shall automatically renew on a yearly basis for up to three(3)
more years,unless sooner terminated by notice from either party in accordance with Section
10, Termination, of this Agreement.
4. WCDPHE Responsibilities. WCDPHE shall be responsible for the following requirements
concerning WCDPHE patients who are authorized to receive Services from Summit
Pathology:
a. Referrals.All authorizations of WCDPHE patients for Summit Pathology Services will
be coordinated through WCDPHE and the WCDPHE designated coordinator. WCDPHE
2012-2013
Page 1 of 7
will determine a patient's eligibility for Services prior to authorizing such patient for
Summit Pathology Services.
b. Compensation. Within thirty(30) days of receipt of Summit Pathology's invoice,
WCDPHE shall pay Summit Pathology for Services in accordance with the effective
Medicare reimbursement rates specific to Colorado and set from time to time by the
United States Federal Government.
5. Summit Pathology Responsibilities. Summit Pathology agrees to provide the following
services and be responsible for the following:
a. Services. Summit Pathology agrees to provide certain pathology Services to WCDPHE
patients as more specifically set forth in Exhibit A.
b. Timely Clinical Services Report. Summit Pathology shall use its best efforts to return a
clinical services report within one(1)week of the date of service to allow WCDPHE to
report required information to the State of Colorado. Any disclosure of information will
be in compliance with federal and state law and the terms of Section 8, Confidentiality Of
Patient Information, of this Agreement.
c. Billing. Summit Pathology will provide to WCDPHE on a monthly basis, a summary of
Services rendered to WCDPHE patients referred or authorized by WCDPHE to receive
such Services. The summary will include the following information: patient name, date of
birth, date of service, services provided, and cost. Summit Pathology will provide in a
timely manner any additional information which may be required by WCDPHE to
process the billing information.
6. Adjustment of Payment:
a. Request for Adjustment. Either party shall be entitled to request an adjustment of
payment if the requesting party notifies the other party in writing of the overpayment or
underpayment within ninety(90)days of such payment and provides documentation
substantiating such claim. Such requests for payment adjustment must be answered
within thirty(30)calendar days of receipt.
b. Paving Adjustments. If the parties determine that WCDPHE has underpaid Summit
Pathology, WCDPHE shall pay the underpaid amount to Summit Pathology within
fourteen(14) calendar days of such determination. If the parties determine that WCDPHE
has overpaid Summit Pathology, Summit Pathology shall reimburse WCDPHE for the
overpayment within fourteen(14)days of said determination.
7. Records.The relevant records of Summit Pathology shall be complete and available for audit
ninety(90) days after final payment for any Services provided pursuant to this Agreement,
and shall be retained and available for audit purposes for at least five(5) years after such
final payment. The parties agree to the additional following provisions concerning records:
Page 2 of 7
a. Medical Records. Medical records for the Services provided pursuant to this Agreement
will be maintained at Summit Pathology,but WCDPHE personnel will have access to
such files at all reasonable times during regular business hours.
b. Financial Records.WCDPHE shall have access to the financial records kept by Summit
Pathology with respect to the Services provided by Summit Pathology pursuant to this
Agreement at all reasonable times during regular business hours.
8. Confidentiality Of Patient Information. Each party agrees to keep any and all records and
information confidential, and to comply with the privacy obligations applicable to them
under the Health Insurance Portability and Accountability Act of 1996 and the regulations
issued pursuant thereto, as amended(42 USC 1320d and 45 CFR 160.101, et. seq.)
("HIPAA") and to comply with all other laws and regulations concerning the confidentiality
of such records. In the event of a contradiction between this Agreement and federal and state
law, federal and state law shall govern the release of any confidential information. The
parties agree to execute a Business Associate Agreement pursuant to HIPAA requirements, if
such an agreement is requested by either party.
9. Limitations, Liabilities,Indemnification. Summit Pathology agrees to defend, indemnify,
and hold harmless WCDPHE for any and all liability incurred by the acts, omissions, or
failures to act by Summit Pathology in relation to this Agreement. Summit Pathology
acknowledges that WCDPHE is a governmental entity immune from certain liability
pursuant to the Colorado Governmental Immunity Act§§24-10-101 C.R.S., et seq. To the
extent WCDPHE may be held liable for its acts, omissions, or failure to act, despite the
application of the aforementioned Colorado Governmental Immunity Act, WCDPHE agrees
to indemnify and hold harmless Summit Pathology to the extent of the liability incurred by
the acts, omissions, or failures to act by WCDPHE in relation to this Agreement. Summit
Pathology acknowledges that this agreement to defend, indemnify, and hold harmless
WCDPHE extends to the Board of Weld County Commissioners, and to all Weld County
officers, employees, and agents. The term "liability" includes, but is not limited to, claims,
suits, expenses, damages, and court awards including costs and attorney fees incurred as a
result of any act or omission by the applicable party who acted or failed to act. No term or
condition of this contract shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights,benefits,protections or other provisions, of the Colorado
Governmental Immunity Act§§24-10-101 C.R.S., et seq., as applicable now or hereafter
amended. This Section 9, Limitations, Liabilities, Indemnification, shall survive termination
of this Agreement.
10. Termination of Agreement. Either party may terminate this Agreement with or without
cause upon thirty(30) days written notice to the other party. If this Agreement is so
terminated, WCDPHE agrees to pay compensation owed to Summit Pathology for actual
Services rendered to WCDPHE patients during the term of this Agreement and pursuant to its
terms and provisions.
11. No Federal Exclusion.
Page 3 of 7
a. WCDPHE hereby represents and warrants that WCDPHE is not, and at no time has been,
excluded from participation in any federally funded health care program, including
Medicare and Medicaid. WCDPHE hereby agrees to immediately notify Summit
Pathology of any threatened, proposed, or actual sanction or exclusion from any federally
funded health care program, including Medicare and Medicaid. Such notice shall contain
reasonably sufficient information to allow Summit Pathology to determine the nature of
any sanction. In the event that WCDPHE is excluded from participation in any federally
funded health care program during the term of this Agreement, or if, at any time after the
effective date of this Agreement, it is determined that WCDPHE is in breach of this
Section,this Agreement shall, as of the effective date of such exclusion or breach,
automatically terminate.
b. Summit Pathology hereby represents and warrants that Summit Pathology is not, and at
no time has been, excluded from participation in any federally funded health care
program, including Medicare and Medicaid. Summit Pathology hereby agrees to
immediately notify WCDPHE of any threatened, proposed, or actual sanction or
exclusion from any federally funded health care program, including Medicare and
Medicaid. Such notice shall contain reasonably sufficient information to allow Summit
Pathology to determine the nature of any sanction. In the event that Summit Pathology is
excluded from participation in any federally funded health care program during the term
of this Agreement, or if, at any time after the effective date of this Agreement, it is
determined that Summit Pathology is in breach of this Section, this Agreement shall, as
of the effective date of such exclusion or breach, automatically terminate.
12. Notices. Any notice or other communication provided for in this Agreement shall be in
writing and shall be served by personal delivery, confirmed facsimile, or by certified mail,
return receipt requested, postage prepaid, at the addresses set forth in this Agreement,until
such time as written notice of a change is received from the party wishing to make a change
of address. Any notice so mailed and any notice served by personal delivery or confirmed
facsimile shall be deemed delivered and effective on the date of delivery if the notice is
personally served or served by facsimile, or on the third business day following the date of
mailing if the notice is mailed by certified mail.
a. Summit Pathology:
Address: eau- tAzxeq-rvR=r1c.
Lovez AAQD, cc 8°53g-
Attn: .SA x. RANso'
Phone: q7o-z/Z-o5oc.
Fax: q
b. WCDPHE:
Greeley, Colorado 80631
Weld County Department of Public Health And Environment
Attn. Dr. Mark Wallace
Page 4 of 7
1555 N. 17th Avenue
Greeley, Colorado 80631
FAX: 970-304-6412
13. General Provisions.
a. Section Headings.The headings of sections in this Agreement are for reference only and
shall not affect the meaning of this Agreement.
b. Parties' Relationship.The parties to this Agreement intend that the relationship between
them contemplated by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of one party shall be or shall be deemed to
be an employee, agent, or servant of another party to this Agreement.
c. No Waiver of Immunities.Notwithstanding any other provision contained herein,
WCDPHE specifically does not waive any immunities to which it may be entitled by
statute or otherwise, including, without limitation, the Colorado Governmental Immunity
Act§§24-10-101 C.R.S., et seq.
d. Non-Assignment.This Agreement shall not be assigned, delegated, or transferred by
either party without the prior written consent of the other party.
e. Binding Effect. This Agreement shall be binding upon, and shall inure to the benefit of,
the parties hereto and their successors and permitted assignees.
E Governing Law.This Agreement shall be governed under the laws of the State of
Colorado, and any relevant Federal law.
g. Medical Practices. WCDPHE and Summit Pathology understand and agree that all
obligations concerning medical practices under this Agreement shall be conducted in
accordance with the applicable standards of care within the community.
h. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original
intent of the parties.
i. Funding.No portion of this Agreement shall be deemed to create an obligation on the
part of the County of Weld, State of Colorado, or WCDPHE to expend funds not
otherwise appropriated during the term of this Agreement.
j. No Third Party Enforcement.No portion of this Agreement shall be deemed to have
created a duty of care with respect to any person not a party to this Agreement. It is
expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the undersigned parties, and nothing contained in this Agreement shall give or allow
Page 5 of 7
any claim or right of action whatsoever by any other person not included in this
Agreement. It is the express intention of the undersigned parties that any entity other than
the undersigned parties receiving Services or benefits under this Agreement shall be
deemed an incidental beneficiary only.
k. Conflict of Interest.No officer, member, director, or employee of WCDPHE or Summit
Pathology, and no member of their governing bodies shall have any pecuniary interest,
direct or indirect, in the approved Agreement or the proceeds thereof.
1. Open Records. Notwithstanding any other language contained in this Agreement,
Summit Pathology acknowledges that WCDPHE is a department of Weld County
Government, and as such, is subject to the Colorado Open Records Act, which would
most likely recognize this Agreement, its accompanying records, and other records and
information associated with the performance and execution of this Agreement, as open
records available to the public.
m. Non-Exclusive Agreement.This Agreement is not exclusive. Accordingly, either
Summit Pathology or WCDPHE shall have the right to enter into one or more agreements
relating to the same or similar matters as are covered by this Agreement, and execution
by either party of such agreements shall not constitute a breach of this Agreement.
n. Integration, Modification, and Breach.This Agreement contains the entire Agreement
and understanding between the parties to this Agreement and supersedes any other
agreements concerning the subject matter of this transaction, whether oral or written. No
modification, amendment, novation,renewal, or other alteration of or to this Agreement
and the attached exhibit(s) shall be deemed valid or of any force or effect whatsoever,
unless mutually agreed upon in writing by the undersigned parties. No breach of any
term,provision, or clause of this Agreement shall be deemed waived or excused, unless
such waiver or consent shall be in writing and signed by the party claimed to have waived
or consented. Any consent by any party hereto, or waiver of, a breach by any other party,
whether express or implied, shall not constitute a consent to, waiver of, or excuse for any
other different or subsequent breach.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the dates stated
below.
ATTEST: `�
CLERK TO THE B f AIRMAN OF THE BOARD OF
LD COUNTY COMMISSIONERS
1%61
ar�o Bw 4 :_l p.
Deputy CI to the Board Sean Conway
Date: AUG 01 2012 Date: AUG 01 2012
Page 6 of 7
C9(i/O2 -ao/:
SUMMIT !Wilmer MD PC
Managing Partner
BY H Wentzell armor MD NEW
Name: eb6 .44,11
Title: gYlemAarberii 4
Date: —7 /2 {. A .
Approved as to form:
Prrt i County Att'rney
Page 7 of 7
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