HomeMy WebLinkAbout20101090 RESOLUTION
RE: APPROVE AGREEMENT CONCERNING MEDICAL AND WIC PROGRAM SERVICES
AND AUTHORIZE CHAIR TO SIGN -SUNRISE COMMUNITY HEALTH
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 Medical and WIC
Program Services between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Health and
Environment, and Sunrise Community Health,commencing April 1, 2010, and ending December 31,
2010, 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 Medical and WIC Program Services between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Public Health and Environment, and Sunrise Community
Health 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 24th day of May, A.D., 2010.
�� BOARD OF COUNTY COMMISSIONERS
4`1 'f, ELD COUNTY, COLORADO
oe
ATTEST: t '\‘
D+�glas ademach , Ch r
Weld County Clerk to the Bo f" 4
`\� arbara Kirkmeyer, P o-Tem
BY. 1114 (91-11
Dept Clerk the Board �—
Sean P 6ory Th—
APP D AS TO RM: f i�
William F. Garcia
County Attorney EXCUSED
David E. Long
Date of signature: 211!i0
eft cO- Lc 'aL GC \AP�p ID 2010-1090
5-�5 10 HL0037
Memorandum
TO: Douglas Rademacher, Chair
Board of County Commissioners
111 D FROM: Mark E. Wallace, MD, MPH, Director
C Department of Public Health and
Environment
COLORADO• DATE: May 20, 2010
SUBJECT: Agreement for Medical and WIC
Program Services
Enclosed for Board review and approval is an agreement between Sunrise Community Health
and the Weld County Board of Commissioners on behalf of the Weld County Department of
Public Health and Environment (WCDPHE) for the provision of prenatal medical services to
eligible indigent women and for Weld County to provide support to Sunrise for the Women,
Infant and Children(WIC) program.
Through the terms and conditions of this agreement, Sunrise will provide primary medical care
services, including, but not limited to, prenatal medical services to indigent women who do not
otherwise qualify for Medicaid or other assistance programs and who are identified and referred
by WCDPHE to receive this care. Also, through this agreement, Weld County will provide
support to enable Sunrise to provide WIC Program services to eligible clients. Weld County will
provide furnished exam rooms for the use of Sunrise staff providing medical services and will
also provide office space for the use of Sunrise staff administering the WIC Program.
The initial term for this agreement is April 1, 2010 through December 31, 2010 and will
automatically renew from year to year commencing January 1 of each year thereafter unless the
agreement is terminated sooner pursuant to the provisions contained in the agreement. In
addition to providing the facilities for the use of Sunrise staff, Weld County will pay Sunrise an
amount not to exceed $100,000 for the initial term of this agreement. I recommend your
approval of this agreement.
Enclosure
2010-1090
AGREEMENT CONCERNING MEDICAL AND WIC PROGRAM SERVICES
THIS AGREEMENT is made and entered into by and between Sunrise Community
Health ("SUNRISE"), and 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 (`"WCDPHE").
BACKGROUND INFORMATION
WHEREAS, WCDPHE currently receives grant money from the State of Colorado to
provide prenatal services to indigent women who do not otherwise qualify for Medicaid or other
assistance programs under the Maternal and Child Health program (the "MCH Grant');
WHEREAS, SUNRISE has the necessary credentials and the appropriate personnel to
provide primary care medical services, including, but not limited to, prenatal medical services, in
the State of Colorado ("medical services"), and is willing and able to provide such services to
indigent persons who do not otherwise qualify for Medicaid or other assistance programs
(indigent persons);
WHEREAS, SUNRISE receives federal funding and is designated to administer the
federal Women. Infant and Children ("WIC') program;
WHEREAS. WCDPHE desires the services of SUNRISE in providing primary care and
prenatal medical services to eligible indigent persons consistent with the terms and conditions
hereinafter set forth;
WHEREAS, WCDPHE also desires to provide support through this Agreement to enable
SUNRISE to provide WIC Program services to eligible clients who may be referred to SUNRISE
for medical services consistent with the terms and conditions hereinafter set forth;
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. Term of Agreement. The parties intend that this Agreement shall be effective
for the initial term of April 1, 2010 through December 31. 2010, and shall automatically renew
from year to year commencing with January lof each year thereafter, unless this Agreement is
sooner terminated in any term year, including the initial term year either from lack of funding, or
otherwise, pursuant to the provisions contained in this Agreement.
3. Services to be Provided. The parties agree to provide the following services
pursuant to this Agreement, concerning WCDPHE clients who are referred or authorized to
receive primary care and prenatal care medical services from SUNRISE:
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(a) Referrals. All referrals and authorizations for medical services to indigent
persons will be coordinated through WCDPHE and the WCDPHE designated coordinator. In
order to qualify for payment under the MCH Grant money obtained by WCDPHE, the parties
acknowledge that the indigent women who are authorized to receive prenatal services from
SUNRISE are initially clients identified by WCDPHE.
All other indigent persons who have been referred by WCDPHE and authorized to
receive medical services from SUNRISE under this agreement shall be treated as patients of
SUNRISE. SUNRISE shall serve as the primary care provider for the medical services patients
who are not prenatal care patients under the MCH Grant. If any person referred for any medical
services also meets the eligibility requirements for participating in the WIC program, SUNRISE
agrees to provide such services to those eligible patients as clients of SUNRISE.
(b) Eligibility for Services. WCDPHE will determine a patient's eligibility for
medical services either under the MCH Grant or otherwise, prior to referral of such patient to
SUNRISE. SUNRISE will confirm eligibility status with WCDPHE, in the event of any
question concerning such status. In addition, the parties acknowledge that patients receiving
prenatal services have authorized WCDPHE to monitor or audit the services being provided to
them by SUNRISE, as required by the terms of the MCH grant.
SUNRISE shall determine eligibility of a referred patient to participate in the WIC
program.
( c ) Screening Services. WCDPHE shall also provide all screening services to
WCDPHE patients who are referred or authorized for medical services to be provided by
SUNRISE, including, but not limited to, EPSDT, social worker, presumptive eligibility, nutrition
education, and other preventative public health services. All intake and screening services for
medical care shall take place at the WCDPHE facility.
(d) Case Management Services. WCDPHE may provide case management services
to the WCDPHE patients who are eligible for "prenatal-plus" case management services as
defined by Colorado Department of Public Health and Environment ("CDPHE") indicators.
WCDPHE will also, in some instances when WCDPHE determines that it is appropriate,provide
additional support upon request by SUNRISE, to the WCDPHE patients who are referred or
authorized for prenatal services by SUNRISE pursuant to this Agreement, including, but not
limited to, following up on missed appointments and home visits after delivery.
Unless otherwise agreed, SUNRISE will provide case management services specific to
the WIC program for those persons determined to be eligible for that program.
(e) Quality Assurance. WCDPHE shall be responsible for auditing services
provided to the indigent persons referred or authorized to receive medical services from
SUNRISE. WCDPHE shall have access to the patients' records for purposes of auditing services
and conducting quality assurance. For purposes of receiving funding under the MCH Grant,
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WCDPHE must continue to monitor and audit the services being provided pursuant to that Grant.
The auditing of services or any quality assurance which is conducted by WCDPHE is not
intended to be, and does not warrant or assure that any medical services provided by SUNRISE
are performed pursuant to any particular standard or professional requirement.
(f) Family Planning Services. WCDPHE will provide family planning services to
the WCDPHE patients who are referred or authorized for prenatal services by SUNRISE
pursuant to this Agreement following delivery, and upon the recommendation or referral by
SUNRISE.
(g) Facilities. WCDPHE will provide appropriately and adequately furnished exam
rooms for the use of SUNRISE in providing medical services to the indigent persons referred to
and authorized to receive services from SUNRISE. The exam rooms shall be made available for
SUNRISE's use at such times on an ongoing basis as the parties mutually agree.
In addition, WCDPHE agrees to provide office space for the use of SUNRISE health care
providers, as well as SUNRISE employees administering the WIC Program to eligible
participants who also are patients referred by WCDPHE, which office space shall be available
for SUNRISE's use during the term of this Agreement.
The office space or exam rooms provided for SUNRISE's use may be designated in
different locations within the facility during the term of this Agreement, but only after WCDPHE
has provided a minimum of thirty days' notice of any proposed change of location of the exam
rooms or office space. SUNRISE acknowledges that the exam rooms, office space, and the
furnishings contained in the exam rooms and office space are satisfactory at the time of
execution of this Agreement for the use for which they are intended. SUNRISE shall be
responsible for updating or replacing any equipment as SUNRISE determines is appropriate.
WCDPHE may replace or update any equipment currently located in the exam rooms provided
for SUNRISE's use as WCDPHE deems necessary or appropriate: however, WCDPHE shall not
be obligated to update or replace such equipment if WCDPHE does not, in its best judgment,
deem such update or replacement to be necessary.
(h) Computer Use. The parties agree that certain computers shall be designated for
use by WCDPHE and SUNRISE so that the parties may access required information including via
the internet in order to administer the programs that are the subject of this Agreement.
(i) Medical Services Provided by SUNRISE. SUNRISE agrees to provide routine
medical services to eligible indigent persons at the request of WCDPHE, pursuant to the
protocols, policies and procedures established by WCDPHE, as well as those established by
SUNRISE. Prenatal medical services shall be provided to a mutually agreed upon number of
new eligible pregnant women per month, but at least an average of 12.5 new clients per month,
to equal a minimum of 150 new clients annually, will be provided such services by SUNRISE, in
accordance with grant guidelines established by the CDPHE for MCH services.
(j) Medical Services to be provided at WCDPHE Facility. The services to be
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provided by SUNRISE to eligible participants in the programs which are the subject of this
Agreement shall be provided at the WCDPHE facility in the space designated by WCDPHE for
those purposes. SUNRISE shall be entitled to provide additional equipment or install fixtures in
the exam rooms or the office space as SUNRISE determines is appropriate, so long as SUNRISE
has first presented any plans for the installation of such fixtures or equipment, or both, to
WCDPHE, and obtained WCDPHE's approval for such plans prior to any installation. Any
installation of fixtures or equipment shall be done at SUNRISE's expense, unless otherwise
agreed in advance, and shall be done in a workmanlike manner.
At such time that this Agreement is terminated by either party for any reason, SUNRISE
may remove any equipment which is not attached to the building and which was originally
supplied by SUNRISE. No fixtures which are attached to the building by either party may be
removed from the building without prior consent of WCDPHE.
4. Compensation. In consideration for the services to be provided by SUNRISE
as set forth in this Agreement, WCDPHE agrees to provide to SUNRISE the exam rooms, office
space and equipment as above noted.
(a) Funding for Services. In addition to providing the facilities noted above,
WCDPHE agrees to reimburse SUNRISE during the initial term of this Agreement an agreed
upon amount specifically for prenatal care services provided pursuant to the MCH Grant in equal
monthly installments, so long as SUNRISE is complying with the terms of the Agreement and
the requirements of the MCH Grant. The parties acknowledge that the current prenatal care
funding will not exceed $100,000 for the initial term of this Agreement, although that amount is
no indication of what the amount may be in any subsequent term or year.
(b) Other Billing for Services provided to Individual Patients. If a patient
of either party is eligible to receive benefits from Medicaid, Colorado Access, or any other form
of insurance or benefits for medical services, the duly authorized provider of such services shall
bill the appropriate benefit provider.
(c) No funding guarantee WCDPHE specifically makes no representations
whatsoever concerning the availability of any funding for the services contemplated under this
Agreement, and does not agree to provide any funding whatsoever for any additional terms of
this Agreement, except for the provision of exam rooms and office space, as well as a good faith
effort to provide computer access as above mentioned, for SUNRISE's use.
(d) Report Requirements. SUNRISE will provide to WCDPHE on a monthly
basis, a summary of medical services rendered to indigent persons referred or authorized by
WCDPHE to receive such services. The summary will include the following information:
patient name, date of birth, date of service, service rendered, and SUNRISE service provider.
SUNRISE will provide in a timely manner any additional information which may be required by
WCDPHE in processing the information required for the MCH Grant.
5. Additional Provision of Staff by the Parties. Each party shall designate staff to
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jointly develop a computerized record keeping system for joint use in tracking the indigent
persons who are authorized or referred to SUNRISE by WCDPHE to receive medical services
pursuant to this Agreement, and to ensure efficient and adequate protocol for such referrals or
authorizations. Each party shall appoint members from its respective staffs for a transition team
to ensure a smooth implementation of such referral system.
6. Records. The relevant records of SUNRISE shall be complete and available for
audit ninety (90) days after any services provided pursuant to this Agreement, and shall be
retained and available for audit purposes for at least five (5) years after such services. This
provision shall survive the termination of this Agreement. For the purposes of audit and to
ensure compliance with the CDPHE Maternal and Child Health Services Grant guidelines, the
parties agree to the following provisions concerning records:
(a) Medical Records. Medical records for the medical services provided pursuant to
this Agreement will be maintained by SUNRISE, but WCDPHE personnel will have access to
such files at all reasonable times during regular business hours. The medical records shall be
maintained on a computer to which both parties have access for their required functions.
(b) Financial Records. WCDPHE shall have access at all reasonable times during
regular business hours to SUNRISE's financial records with respect to the prenatal services
provided pursuant to this Agreement, should such information become necessary in order to
comply with the requirements of the MCH Grant.
( c) Confidentiality. Each party agrees to keep any and all records and information
confidential, in compliance with all laws and regulations concerning the confidentiality of such
records.
( d) Compliance with HIPAA. Each party agrees to execute any documents or
otherwise sign or take whatever actions may be necessary to ensure that both parties are in
compliance with the requirements of the Health Insurance Portability and Accountability Act, as
amended ("HIPAA").
7. Authority to Enter into this Agreement. Each party warrants that it has
obtained any necessary authorization, and that each party has the authority to enter into this
Agreement with the other party.
8. 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.
9. Limitations - Liabilities - Indemnification. Each party shall not be responsible
or liable for acts or omissions or failure to act by the other party. Accordingly, SUNRISE agrees
to indemnify and hold WCDPHE harmless from any and all liability incurred by acts or
omissions or failures to act by SUNRISE, and likewise, to the extent permitted by law,
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WCDPHE agrees to indemnify and hold SUNRISE harmless from any and all liability incurred
by acts or omissions or failures to act by WCDPHE. Notwithstanding any other provision
contained herein however, WCDPHE specifically does not waive any immunities to which it is
entitled under statute or any other applicable law.
Because WCDPHE is a department of the Weld County government, SUNRISE
acknowledges that its agreement to indemnify and hold harmless WCDPHE extends to Weld
County, its employees, agents, subcontractors, and assignees. The term "liability' includes, but
is not limited to, any and all claims, damages, and Court awards including costs, expenses, and
attorney fees incurred as a result of any act or omission by the applicable party who acted or
failed to act.
10. Non-Assignment. This Agreement shall not be assignable without prior written
consent of WCDPHE or SUNRISE, whichever is the non-assigning party.
11. Termination. Either party may terminate this Agreement for cause, upon ten
(10) days written notice, and for any reason, so long as thirty (30) days written notice of its intent
to so terminate is given to the other party. If this Agreement is so terminated, WCDPHE shall
pay that compensation to SUNRISE which may have been due and owing for the month in which
the Agreement is terminated, if any, on a pro rata basis.
12. Notices. Any notice 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 upon receipt or upon confirmed delivery. This method of notification
will be used in all instances, except for emergency situations when immediate notification to the
parties is required.
SUNRISE: Sunrise Community Health, Inc.
Attn: Mitzi Moran, President/CEO
2930 l l`I Avenue
Evans, Colorado 80620
FAX: (970) 350-4645
WCDPHE: Weld County Department of Health
c/o Judy Nero
1555 N. 17th Avenue
Greeley, Colorado 80631
FAX: (970) 356-8343
13. 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
exhibits 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
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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.
14. 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.
15. Funding. Notwithstanding any provision to the contrary in this Agreement, if
funds are no longer available from the MCH Grant, WCDPHE will not be required to make any
additional payments to SUNRISE. 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.
16. No Third Party Enforcement. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess, nor
shall any portion of this Agreement 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 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.
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this
day of , 2010.
SUNRISE COMMUNITY HEALTH,
INC
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Title Date
WELD COUNTY DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
� ' Q
Mark E. Wallace, M. D., M.P.H.
Director
MAY 242010
Date
BOARD OF COUNTY COMMISSIONERS ATTEST:
WELD COUNTY, COLORADO Weld County Clerk to the rd
Apr
61
By:
Cha. Dou las Rademacher Deputy Clerk t• ' e :o. n
MAY 2 4 2010 ",,
Date
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