HomeMy WebLinkAbout20070269.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING CLINICAL EXPERIENCE AND AUTHORIZE
CHAIR TO SIGN - HCA-HEALTHONE, LLC
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 Clinical
Experience 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 Paramedic Service, and
HCA-HealthONE,LLC,commencing November 6,2006 and ending November 6,2009,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 Clinical Experience 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 Paramedic Service, and HCA-HealthONE, LLC, 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 29th day of January, A.D., 2007, nunc pro tunc November 6, 2006.
BO = . OF COUNTY COMMISSIONERS
WELD •OUCN�, COLQRAD
ATTEST: iit /��(/(/ /� L /
L Long, Chair
Weld County Clerk to the Board
' t itli ke Pro-Tem
BY: 56‘`.2- ;1 `' N% ti 1
Deputy Clerk to the Board Esr 1771
t,
.-W m . Garcia
APPR AS TO EXCUSED
Robert D. Masden
C nt A orne Y
/_ O 7 Rademac Dou �Ism .�r —�
Date of signature:
«_
2007-0269
AM0019
710 ; X7,6 C au5> —O7
110051006
AGREEMENT CONCERNING
CLINICAL EXPERIENCE
THIS AGREEMENT, made as of the 6th day of November, 2006 is between HCA-
HealthONE LLC, ("HealthONE") and the Board of County Commissioners of Weld County,
on behalf of the Weld County Paramedic Service ("Agency").
RECITALS
HealthONE desires that certain of its students (the "Students"), and when appropriate
certain of its faculty members, be permitted to visit and utilize Agency's facilities in order to
afford the Students the opportunity to have practical learning and clinical experiences at Agency.
Agency desires to aid in the education and training of health professionals and, subject to the
terms and conditions of this Agreement, is willing to make its facilities available for such
purposes.
AGREEMENT
In consideration of the foregoing and the mutual covenants and agreements herein
contained, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Responsibilities of Parties.
During the term hereof, Agency shall make available to designated Students its physical
facilities and clinical equipment to provide such Students the opportunity to obtain
clinical training and experience and HealthONE shall coordinate with the respective
Agency representative, for the supervision of its Students that are selected to participate
in the clinical education program, all in accordance with the terms and conditions set
forth herein. Nothing in this Agreement, however, shall be construed to indicate that
Agency must accept any student from HealthONE into Agency's clinical/emergency
medical services field experience educational program (the "Program").
2. Student Selection for Program.
Agency and HealthONE shall mutually agree on the accepted level of academic
preparation required of each Student that will participate in the Program. HealthONE
shall determine the adequacy of each Student's educational experience in theoretical
training, basic skills and professional ethics and shall assess the Student's attitude and
behavior before suggesting a Student for clinical assignment to Agency. Agency and
HealthONE agree that there shall be no discrimination on the basis of age, race, religion,
creed, sex, national origin, handicap or veteran's status in connection with Student
selection for Program participation. Any student selected to participate in the clinical
experience must first submit to a fingerprint-based criminal history record check as
required by statute.
HealthONE represents that it will timely conduct (or will timely have conducted) a
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2007-0269
background check on each and every student assigned to the Program. The background
check shall include verification of the elements of performance set forth in JCAHO's
Standard HR. 1.20. Background check includes the following elements:
(i) Social Security number verification;
(ii) Seven Year Multi-County or Statewide Felony and Related
Misdemeanor Criminal Record search; and Violent Sexual
Offender and Predatory Register search;
(iii) HHS/OIG List of Excluded Individuals/Entities — GSA List of
Parties Excluded from Federal Programs; and
(iv) U.S. Treasury, Office of Foreign Assets Control (OFAC), List of
Specially Designated Nationals (SDN).
In some circumstances, Agency may also require evidence of:
(v) Employment History as it relates to program needs;
(vi) Education verification (highest degree received as evidenced by
sealed transcripts);
(vii) Professional Licensure or Certification Verification — Professional
Disciplinary Action Check;
(viii) Department of Motor Vehicle Driving History, based on
responsibilities; and
(ix) Consumer Credit Report,based on responsibilities.
Should the background check disclose adverse information as to any student and/or
member of the staff/faculty, HealthONE shall immediately remove the student and/or
member of the staff/faculty from the Program.
3. Clinical Education Program.
(a) HealthONE and Agency shall mutually agree upon and arrange the objectives of
instruction, the periods of assignment for each Student and the number of
Students eligible to participate concurrently in the Program.
(b) Agency shall designate a member of its staff to act as its program coordinator and
work with a designated member of HealthONE's Emergency Medical Services
Department (the "Department") in coordinating the Program for the Students at
Agency. A program coordinator, the faculty member assigned by HealthONE,
shall make on-site visits to Agency, when appropriate, to observe and supervise
the Students. If HealthONE's program coordinator or any other faculty member
desires to be involved in providing clinical instruction to the Students at the
Agency, the HealthONE faculty member or program coordinator must first obtain
Agency's approval for such faculty member's or program coordinator's
participation in clinical instruction at Agency.
(c) HealthONE shall designate a member of the Department to be coordinator of the
Program on behalf of HealthONE. This Department member shall be the person
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with whom Agency's program coordinator shall communicate regarding the
conduct of the Program. HealthONE's Department coordinator shall work with
Agency's program coordinator to develop program objectives, schedules and other
details of the Program.
(d) Students shall be permitted to perform services for patients only when under the
supervision of a designated employee of Agency who is also registered, licensed
or certified in the appropriate field. Students shall work and perform assignments
at the discretion of their supervisors designated by Agency and only pursuant to
Agency policies and protocols. Students are trainees, not employees, and are not
to replace Agency staff. Agency has ultimate responsibility for the quality of care
given to patients.
(e) During periods of clinical assignment at Agency, Students shall remain subject to
the authority, policies and regulations imposed by HealthONE and shall be
subject to all standards, rules, regulations, administrative practices and policies of
Agency. Similarly, any of HealthONE's faculty visiting or participating in
clinical instruction at Agency shall be subject to the standards, rules, regulations,
administrative practices and policies of Agency. HealthONE and Agency shall
arrange and provide orientation of faculty members and Students concerning
Agency's standards, rules, regulations, administrative practices and policies.
(f) HealthONE shall maintain all educational progress records pertaining to its
Students and Agency shall only have the obligation to make reports to
HealthONE regarding the Students participating in the Program.
(g) Agency shall retain the right, in its sole discretion, and at any time,to request the
removal of any individual from the premises, from the facility or clinical field
area. The said removal may be a result of a temporary situation at the premises,
facility or clinical area, or it may be a permanent withdrawal from the Agency's
premises. Students and educational institution personnel shall promptly and
without protest leave an area whenever they are requested to do so by an
authorized Agency representative. Agency shall notify HealthONE of its request
as soon as practical.
4. Insurance and Indemnity.
(a) HealthONE hereby certifies that medical professional liability insurance, as stated
on the attachment, in amounts of not less than $1 million per incident and $6
million per aggregate, is in full force and effect and insures each Student and
faculty member of HealthONE while on the premises of Agency. Such insurance
coverage shall, throughout the term of this Agreement, inure to the benefit of
Agency to the extent that it incurs any claim, loss, damage or liability as a result
of the negligent acts or omissions of a Student during the period of his or her
clinical assignment at Agency or of a faculty member during any visit or teaching
stay at Agency. HealthONE shall give Agency written notice 30 days prior to the
effective date of any changes in the terms of such insurance. In the event the
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insurance is canceled in whole or in part or as to any insured, HealthONE shall
immediately notify Agency and Agency may immediately terminate this
Agreement in whole or in part or require that an uninsured Student be removed
immediately from the Program.
(b) To the extent not covered by the insurance referred to in subsection (a) above,
HealthONE hereby agrees to indemnify and hold harmless Agency, its directors,
officers, agents and employees from any claims, liability or damages (including
without limitation reasonable attorneys' fees) resulting from the negligent acts or
omissions of a Student or faculty member that is participating in the Program.
5. Health Care and Other Benefits, Costs and Expenses.
(a) Neither the Students nor the faculty members shall be considered employees of
Agency for any purpose and Agency shall not be required to provide in any way
any pecuniary benefits or other fringe benefits to Students or faculty members of
HealthONE. Agency shall not be required to purchase any form of insurance,
including but not limited to liability, property damage, malpractice, accident,
health or worker's compensation, for the benefit or protection of any Students or
faculty of HealthONE.
(b) Agency shall be under no obligation to assume any costs incurred by the Students
or the faculty of HealthONE during their scheduled time at Agency. Agency shall
not be required to provide any form of transportation of Students or faculty of
HealthONE.
(c) Agency shall be responsible for arranging immediate emergency care of Students
in the events of accidental injury or illness, but shall not be responsible for any
costs involved in providing such emergency care or for follow-up care or
hospitalization.
(d) HealthONE shall ensure that students comply with Agency's immunization
requirements and will provide education as described in the OSHA Bloodbome
Disease Standards.
6. Student Withdrawal from Program.
Agency may require HealthONE to withdraw from Agency any Student whose
performance is determined by Agency to be unsatisfactory or whose characteristics and
activities are deemed by Agency to be detrimental to Agency's responsibilities for health
care. Written requests for withdrawal of a Student shall be given by Agency to
HealthONE and shall contain a statement of facts describing the Student's unacceptable
conduct. Upon receipt of such notice from Agency, HealthONE shall immediately
withdraw the Student from clinical assignment at Agency.
7. Medicare Statutory Requirements. To the extent required by Section 1861 (v)(l)(I) of
the Social Security Act, as amended, and its implementing regulations, Agency agrees:
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(a) Until the expiration of four (4) years after the furnishing of services to
HealthONE pursuant to this Agreement, Agency shall make available upon
written request from the Secretary of the Department of Health and Human
Services or upon request from the Comptroller General of the United States, or
any of their duly authorized representatives, this Agreement and all books,
documents, and records of Agency that are necessary to certify the nature and
extent of such costs relating thereto; and
(b) If Agency carries out any of its duties pursuant to this Agreement through a
subcontract with a related organization, such contract shall contain a clause to the
effect that until the expiration of four (4) years after the furnishing of such
services pursuant to such subcontract, the related organization shall make
available, upon written request from the Secretary, or upon request from the
Comptroller General, or any of their duly authorized representatives, the subcon-
tract, and all books, documents, and records of such organization that are
necessary to verify the nature and extent of such costs relating thereto.
(c) If Agency is requested or ordered to disclose any books, documents or records
relevant to the Agreement for the purpose of an audit or investigation, Agency
shall notify HealthONE of the nature and scope of such request and shall make
available, upon written request of HealthONE, all such books, documents, or
records.
8. Warranty of Non-Exclusion from Federal Healthcare Programs. Each party represents to
the other that it (i) is not currently excluded, debarred, or otherwise ineligible to
participate in the federal health care programs as defined in 42 U.S.C. §1320a-7b(f) (the
"federal health care programs"); (ii) is not convicted of a criminal offense related to the
provision of health care items or services and has not been excluded, debarred or
otherwise declared ineligible to participate in the federal health care programs; and (iii) is
not under investigation or otherwise aware of any circumstances that may result in
Agency or Facility being excluded from participation in the federal health care programs.
This shall be an ongoing representation and warranty during the term of the Agreement.
Agency and Facility shall immediately notify each other of any change in the status of the
representation and warranty set forth in this section. Any breach of this section shall give
Agency or Facility the right to terminate the Agreement immediately for cause.
9. HIPAA Compliance Requirements. The parties agree to comply with the applicable
provisions of the Administrative Simplification section of the Health Insurance
Portability and Accountability Act of 1996, as codified at 42 U.S.C. § 1320d through d-8
("HIPAA"), and the requirements of any regulations promulgated thereunder including
without limitation the federal privacy standards as contained in 45 C.F.R. Parts 160 and
164 (the "Federal Privacy Standards") and the federal security standards as contained in
45 C.F.R. Parts 160, 162 and 164 (the "Federal Security Standards"). To the extent
applicable under HIPAA, the parties shall make their internal practices, books, and
records relating to the use and disclosure of Protected Health Information available to the
Secretary of Health and Human Services to the extent required for determining
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compliance with the Federal Privacy Regulations.
10. Compensation.
HealthONE agrees to compensate the Agency for the cost of the clinical experience for
HealthONE students as follows:
Providing four(4) hours of instructor time for educational workshops, seminars, and the
like, for emergency medical technicians, or other employees, or both, employed by the
Agency, in exchange for every 100 hours of student ride, or clinical experience time
clocked by HealthONE students. Such programs will be pre-approved by the Agency for
content and as qualifying for offset under this Agreement.
Agency shall present a statement to HealthONE at the end of each month in which a
HealthONE student participated in any clinical experience at Agency, such statement to
include the number of participating students, and the number of"rides" in which the
students participated for that month, together with a running total of hours of clinical
experience provided to HealthONE students for which there has been no reimbursement.
HealthONE shall reimburse Agency for the clinical experience hours utilized by its
students as set forth above, at such time that the total number of unreimbursed hours
utilized equals or exceeds 100, at such time that an instructor becomes available and a
program has been mutually agreed upon by the parties, recognizing that HealthONE
would prefer to provide such educational workshops, seminars, and the like, after any
then currently scheduled clinical course has been completed.
Reimbursement for the total number of hours must be completed in a timely manner, and,
in any case, must be completed within eighteen (18) months of the date the hours are
incurred, whether or not the total number of hours has reached 100. Agency shall notify
HealthOne in writing of any unreimbursed hours which have been outstanding and not
reimbursed for eighteen (18) months or more ("the 18 month balance"). The parties shall
immediately and in good faith negotiate plans for reimbursement of the 18 month
balance. The parties may agree to any form of reimbursement, including,but not limited
to, HealthOne providing either instruction for a time period that is pro-rated to conform
with the number of unreimbursed hours, or instructional materials for Agency's use. An
agreement for reimbursement for the 18 month balance must be reached within sixty days
of the date of the written notice of the outstanding balance. If no agreement has been
reached within 60 days of the said written notice, then HealthOne agrees to make
payment on the portion of the balance that constitutes the 18 month balance at the rate of
twenty-five ($25.00) dollars per twelve hour ride.
11. Term; Termination.
(a) The initial term of this Agreement shall be three (3) year(s), commencing
November 6, 2006.
(b) Termination. Unless sooner terminated pursuant to the provisions herein, this
Agreement shall terminate upon 30 days prior written notice from either party to
the other. Should such notice of termination be given, Students then assigned to
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the Agency shall be allowed to complete any previously scheduled clinical
assignment then in progress at the Agency.
(c) Termination or Amendment as the Result of Government Regulation. HealthONE
shall have the right to terminate or amend this Agreement in order to comply with
any legal order issued by a federal or state department, agency or commission,
without liability. In the event HealthONE is required to amend this Agreement,
HealthOne shall notify Agency of such requirement, and the parties will use their
best efforts to negotiate the addition and wording of such amendment. If the
amendment is unacceptable to the Agency, the Agency may choose to terminate
this Agreement within thirty (30) days after such notice without liability for such
termination
12. Miscellaneous
(a) The terms and conditions of this Agreement may be amended only by written
instrument executed by both parties.
(b) Any notice required or permitted hereunder shall be in writing and shall be
deemed given if delivered in person or three days after mailing by United States
registered or certified mail,postage prepaid, and addressed as follows:
To HCA-HealthONE LLC:
Swedish Medical Center
EMS
333 West Hampden Avenue
Suite 200
Englewood, CO 80110
Phone: 303.788.6236
To Agency:
Weld County Paramedic Service
1121 M. Street
Greeley, CO 80631
(c) The parties expressly agree that nothing contained in this Agreement shall require
Agency or Agency's representatives to refer or admit any patients to, or order any
goods or services from HealthONE. Notwithstanding any unanticipated effect of
any provision of this Agreement, neither party will knowingly or intentionally
conduct himself in such a manner as to violate the prohibition against fraud and
abuse in connection with the Medicare and Medicaid programs (42 USC § 1320a-
7b).
(d) This Agreement shall be governed by and construed in accordance with the laws
of the State of Colorado.
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(e) This Agreement shall be binding upon and inure to the benefit of the parties
hereto, their successors and assigns.
(f) Nothing in this Agreement shall be construed to require the Weld County
Paramedic Service or the Weld County Board of County Commissioners to
provide funding for any purpose under this Agreement that has not previously
been budgeted.
(g) 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 claim 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.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
date first above written.
WELD COUNTY PARAMEDIC HCA-HEALTHONE LLC
SERVICE By: HealthONE of Denver, Inc., Manager
Name: Dave Bressler J ey A. Dorsey, Senior Vice Pre ' ent
Title: Director
Date: 01/25/2007
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD ON BEHALF ATTEST:
OF THE WELD COUNTY PARAMEDIC
SERVICE CLERK TO THE BOA ' P
a tp �
By: Z.- _� { By: h ` 2
a.
Name: David E. Long. Cha
r Deputy � lerk to the Board
Date: 01/29/2007
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a00 7-Ooze,
CERTIFICATE
Education Affiliation Agreement-EMS
Regarding the Agreement Concerning Clinical Experience between HCA-HealthONE LLC,
("HealthONE") and the Board of County Commissioners of Weld County, on behalf of the Weld
County Paramedic Service ("Agency") dated November 6, 2006.
HCA-HealthONE LLC's Chief Executive Officer, by signature hereto, in his capacity as Senior
Vice President of HealthONE of Denver, Inc.,Manager of 'thereby certifies that:
a. The Agreement covers all services to be rendered or items to be provided by Agency (and
if Agency is or includes a physician, services provided by any immediate member of the
physician's family);
b. That the compensation arrangement is established at fair market value for the
services to be rendered or items to be provided;
c. That there are no agreements or understandings, whether written or oral, that
condition the compensation on the volume or value of any referrals or other
business generated between the parties; and
d. That the required services are rendered or required items are provided prior to
payment.
Date: / �7—/Vey A. Dorsey, Senior Vice Pre dent
The Agreement is hereby approved as to form:
t.r! Date: t.)--
Legal Cou sel
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