HomeMy WebLinkAbout20061969 RESOLUTION
RE: APPROVE RADIOLOGY SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
DIVERSIFIED RADIOLOGY OF COLORADO, P.C.
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 a Radiology Services Agreement 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
Diversified Radiology of Colorado, P.C.,commencing July 1, 2006, and ending June 30, 2007,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 Radiology Services Agreement 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 Diversified Radiology of Colorado,
P.C., 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 July, A.D., 2006, nunc pro tunc July 1, 2006.
BOARD OF COUNTY COMMISSIONERS
L WELD CO , COLORADO
ATTEST: 1441, i � , Dili
1)1"5... M. eile, Chair
Weld County Clerk to the C--;;i1. ' ,'i
David E. Long, Pro-Tem {�
BY: 4Ilz �
Dept Clerk the Board(-\ EXCUSED
Willi. J rke
(9-1317D ASTOF \�(\�(yl� k\O____
Robert D. Ma den
oun y Attorney XLUSED
Glenn Vaad
Date of signature: 1IZ`5IUl;
2006-1969
HL0033
-- 00 : 4th vtic1) €91 -,?3- -c.1(;,
Memorandum
TO: M.J. Geile, Chair
Board of County Commissioners
I C FROM: Mark E. Wallace, MD, MPH, Director l Department of Public Health and(G(
Environment (g
COLORADO DATE: July 17, 2006 .\\,Y
SUBJECT: Radiology Services Agreement
Enclosed for Board review and approval is an agreement between Diversified Radiology of
Colorado, P.C (DRC) and Weld County Department of Public Health and Environment
(WCDPHE).
Under the provisions of this agreement DRC will provide professional radiology interpretation
services for patients referred by WCDPHE who are eligible for the Susan G. Komen Foundation-
Northern Affiliate Mammography and Ultrasound services. In exchange for these services, Weld
County will reimburse DRC at the highest rate DRC is reimbursed by state moneys (i.e. CWCCI
Fee Schedule).
This agreement will be effective for the initial term of one year from July 1, 2006 through
June 30, 2007 and will automatically renew unless terminated by either party.
I recommend your approval of this agreement.
Enclosure
2006-1969
RADIOLOGY SERVICES AGREEMENT
This AGREEMENT is made and entered into by and between Diversified Radiology of Colorado, P.C.
("DRC"), and Weld County Department of Public Health and Environment ("Provider"), to become effective
on July 1, 2006, ("Effective Date").
WHEREAS, Provider contracts with DRC to provide radiology services within the scope of DRC's license
or accreditation; and
WHEREAS, Provider wishes to utilize the services of DRC in connection with the provision of the
services, and DRC is willing to provide such services; and
WHEREAS, the parties desire to set forth the terms and conditions of their agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions contained herein,
the parties agree as follows:
Article I. Responsibilities of Provider
A. Compensation. Provider shall compensate DRC for radiology services set forth in Attachment A to this
Agreement. DRC will submit invoices to Provider on a monthly basis, due and payable in full,
within thirty (30) days of the invoice date. DRC monthly invoices will be mailed to Weld County
Department of Public Health and Environment 1555 North 17th Avenue, Greeley, CO 80631,
Attn: Olivia Martinez.
B. Remit Address. Provider shall send payments to: Diversified Radiology, P.O. Box 173840, Denver, CO,
80217, Attention: Billing Dept. Company Accounts.
Article II. Responsibilities of DRC.
A. Radiology Services. In exchange for the compensation provided in Article II, A, DRC agrees to provide
radiology services for patients to whom such services were provided by the Provider.
B. Insurance. DRC shall, at DRC's own expense, obtain and maintain professional liability insurance
covering each physician employee of DRC providing services hereunder, in a minimum amount of one
million dollars ($1,000,000)per occurrence and three million dollars ($3,000,000)annual aggregate.
C. Standard of Care. DRC shall perform all of its duties hereunder to the best of its ability in good faith; in a
manner it reasonably believes to be in the best interests of the Provider.
Article M. General Provisions
A. Amendment. This documentation contains the entire agreement between the parties. No supplement,
modification or amendment of this Agreement shall be binding unless executed in writing by both parties.
B. Arbitration. In the event any dispute should arise with regard to performance or interpretation of any of the
terms of this Agreement and the parties are unable to resolve such dispute in an informal fashion, the
parties shall submit their dispute to arbitration in accordance with arbitration rules established by the
American Arbitration Association. Such arbitration shall be held in Denver, Colorado. Any decision
rendered in arbitration shall be final and binding and may be enforced in any court having jurisdiction as
provided by Colorado law. Each party shall pay its own costs and expenses (including fees and counsel)
incurred in connection with such proceeding.
C. Assignment. This agreement may not be assigned or delegated by either party without the prior written
consent of the party not assigning or delegating this Agreement.
D. Confidentiality. Provider and DRC agree that all patient medical records shall be treated as confidential so
as to comply with all state and federal laws regarding the confidentiality of patient records.
E. Governing Law. This Agreement shall be governed in all respects by the laws of the State of Colorado.
F. Independent Contractors. None of the provisions of this Agreement shall create any relationship between
DRC and Provider other than that of independent entities contracting with each other solely for the purpose
of effecting the provisions of this Agreement.
G. Liability. Each party shall be liable for any and all claims, costs and expenses arising from or out of any
alleged negligent act or omission by it, its agents or its employees, in the performance of its obligations
under the Agreement. Provider agrees that DRC and its members shall have no liability for X-ray
studies/films,which have not been submitted to DRC and its members for interpretation, or are not retaken
per DRC's radiologist's requests. No portion of this Agreement, however, shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees possess, nor shall any portion of this
Agreement`be deemed to have created a duty of care with respect to any persons not a party to this
Agreement.
H. Notices. All notices, demands, or requests shall be in writing. Notices shall be delivered personally, by
commercial carrier or by registered or certified mail,postage paid,and addressed to a party as stated below:
To DRC at: Diversified Radiology of Colorado, P.C.
938 Bannock Street Suite 300
Denver, CO 80204
Attn: Marie Solzan
To Provider at: Weld County Department of Public Health and Environment,
1555 North 17th Avenue
Greeley, CO 80631
Attn: Judy Nero
I. Waiver. The waiver by either party of a breach or violation of any provision of this Agreement shall not
operate as or be construed to be a waiver or any subsequent breach thereof. No waiver shall be binding
unless executed in writing by the party making the waiver.
J. Budget Constraints. No portion of this Agreement shall be deemed to create an obligation on the part of
the County of Weld, State of Colorado,to expend funds not otherwise appropriated in any relevant year.
Article IV. Terms and Termination
A. Term and Renewal. This Agreement shall be effective for an initial term of one (1)year from July 1, 2006
and shall automatically renew unless terminated in accordance with Article IV. B.
B. Termination Without Cause. Either party may terminate this Agreement at any time, without cause, upon
thirty (30) days prior written notice to the other party.
C. Rights Upon Termination. Upon termination of this Agreement under the provisions of this Section IV,
neither party shall have any further responsibility or obligation to the other except for obligations incurred
prior to the date of termination and except for obligations which are expressly designated in this Agreement
to extend beyond the term of this Agreement.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement, intending to be bound hereby.
WELD COUNTY DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT DIVERSIFIED RADIOLOGY
("PROVIDER") OF COLORODO,P.C. ("DRC")
By: By: 4%�" P/�DO°2i
Printed Name: M. J. Geile Printed Name: Chris McMillan
Title: Chair, Board of County Commissioners Title: CEO
JUL 2 4 2006 S /7 0(e
Date: • Date:
ATTEST: Ate
W ld County Clerk to e
BY: ).
/ 1, (.LI ®
Dep y CLei.k to the Boar
WELD COUNTY DEPARTMENT OF
PU IJ HEALTH.t1Np-pIVIRptitygisrt
BY: ^6,- V7 tti, 6,4
Mark E. Wallace, MD, MPH.Director
acct - ,9(5
Attachment A
Services
DRC will provide professional radiology interpretation services for patients eligible for the Susan G. Komen
Foundation-Northern Affiliate Mammography and Ultrasound services.
Fee Schedule
Provider will reimburse Diversified Radiology of Colorado, P.C. at 100% of the current CWCCI allowable. DRC
will consider the reimbursement as"payment in full"and no further collection efforts will be made by DRC.
Screening Procedure CPT Professional
Code Component
Reimbursement
Screening Mammography 76092 $36.18
Diagnostic Mammogram/Unilateral 76090 $36.18
Diagnostic Mammogram//Bilateral 76091 $44.83
Breast Ultrasound 76645 $27.92
Provider Responsibilities
• In accordance to Colorado Revised Statute 17-26-104.5. Provider will reimburse DRC at the highest rate
DRC is reimbursed by state moneys(i.e. CWCCI Fee Schedule).
• DRC will provide one(1) hard copy of the interpretation report of each film read.
ADDENDUM TO THE RADIOLOGY SERVICES AGREEMENT
Business Associate Contract Provisions
Covered Entity: Weld County Department of Public Health and Environment
Terms used, but not otherwise defined in this Addendum shall have the same meaning as those terms in the Privacy
Rule.
Examples of specific definitions:
a. Business Associate. shall mean Diversified Radiology of Colorado. P.C.
b. Covered Entity. "Covered Entity" shall mean Weld County Department of Public Health and Environment
client(s).
c. Individual. "Individual" shall have the same meaning as the term "individual" in 45 CFR § 164.501 and
shall include a person who qualifies as a personal representative in accordance with 45 CFR§ I64.502(g).
d. Privacy Rule. "Privacy Rule" shall mean the Standards for Privacy of Individually Identifiable Health
Information at 45 CFR Part 160 and Part 164, Subparts A and E.
e. Protected Health Information. "Protected Health Information" shall have the same meaning as the term
"protected health information" in 45 CFR § 164.501, limited to the information created or received by
Diversified Radiology of Colorado, P.C. from or on behalf of Covered Entity.
f. Required By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45
CFR § 164.501.
g. Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human Services or his
designee.
Obligations and Activities of Diversified Radiology of Colorado,P.C.
Diversified Radiology of Colorado, P.C. agrees to not use or disclose Protected Health Information other than as
permitted or required by the Addendum or as Required By Law.
a. Diversified Radiology of Colorado, P.C. agrees to use appropriate safeguards to prevent use or disclosure of
the Protected Health Information other than as provided for by this Addendum.
b. Diversified Radiology of Colorado,P.C. agrees to mitigate, to the extent practicable, any harmful effect that
is known to Diversified Radiology of Colorado, P.C. of a use or disclosure of Protected Health Information
by Diversified Radiology of Colorado, P.C. in violation of the requirements of this Addendum.
c. Diversified Radiology of Colorado, P.C. agrees to report to Covered Entity any unlawful use or disclosure
of the Protected Health Information.
d. Diversified Radiology of Colorado, P.C. agrees to report to Covered Entity any use or disclosure of the
Protected Health Information not provided for by this Addendum of which it becomes aware.
e. Diversified Radiology of Colorado, P.C. agrees to ensure that any agent, including a subcontractor, to
whom it provides Protected Health Information received from, or created or received by Diversified
Radiology of Colorado, P.C. on behalf of Covered Entity agrees to the same restrictions and conditions that
apply through this Addendum to Diversified Radiology of Colorado, P.C. with respect to such information.
f. Diversified Radiology of Colorado, P.C. agrees to provide access, at the request of Covered Entity, within
thirty (30) days, to Protected Health Information in a Designated Record Set, to Covered Entity or, as
directed by Covered Entity, to an Individual in order to meet the requirements under 45 CFR § 164.524.
g. Diversified Radiology of Colorado, P.C. agrees to make any amendment(s)to Protected Health Information
in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR § 164.526 at the
request of Covered Entity or an Individual, and within thirty(30) days. Diversified Radiology of Colorado,
P.C. agrees to make internal practices, books, and records, including policies and procedures and Protected
Health Information, relating to the use and disclosure of Protected Health Information received from, or
created or received by Diversified Radiology of Colorado, P.C. on behalf of, Covered Entity available to the
Secretary, in a time and manner within thirty (30) days or designated by the Secretary, for purposes of the
Secretary determining Covered Entity's compliance with the Privacy Rule.
h. Diversified Radiology of Colorado, P.C. agrees to document such disclosures of Protected Health
Information and information related to such disclosures as would be required for Covered Entity to respond
to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance
with 45 CFR § 164.528.
Diversified Radiology of Colorado,P.C. 1
ADDENDUM TO THE RADIOLOGY SERVICES AGREEMENT
Business Associate Contract Provisions
i. Diversified Radiology of Colorado, P.C. agrees to provide to Covered Entity or an Individual, in time and
manner within thirty(30) days to permit Covered Entity to respond to a written request by an Individual for
an accounting of disclosures of Protected Health Information in accordance with 45 CFR § 164.528
j. Diversified Radiology of Colorado, P.C. will authorized and agree to termination of contract by Business
Associates if Business Associates determines that Diversified Radiology of Colorado, P.C. has violated any
material term of the contract.
Permitted Uses and Disclosures by Diversified Radiology of Colorado, P.C.
General Use and Disclosure Provisions
Specify purposes:
Except as otherwise limited in this Addendum, Diversified Radiology of Colorado, P.C. may use or disclose
Protected Health Information on behalf of, or to provide services to, Covered Entity for the following purposes, if
such use or disclosure of Protected Health Information would not violate the Privacy Rule if done by Covered
Entity or the minimum necessary policies and procedures of the Covered Entity:
1. Diagnostic Radiology 4. Medicine and Consult Services
2. Interventional Radiology 5. Limited Pathology Services
3. Surgical Services 6. Billing Administration
Refer to underlying Services Addendum
Except as otherwise limited in this Addendum, Diversified Radiology of Colorado, P.C. may use or disclose
Protected Health Information to perform functions, activities, or services for, or on behalf of, Covered Entity as
specified in the Addendum provided that such use or disclosure would not violate the Privacy Rule if done by
Covered Entity or the minimum necessary policies and procedures of the Covered Entity.
Specific Use and Disclosure Provisions
a. Except as otherwise limited in this Addendum, Diversified Radiology of Colorado,P.C. may use Protected
Health Information for the proper management and administration of the Diversified Radiology of
Colorado, P.C. or to carry out the legal responsibilities of the Diversified Radiology of Colorado, P.C.
b. Except as otherwise limited in this Addendum, Diversified Radiology of Colorado, P.C. may disclose
Protected Health Information for the proper management and administration of the Diversified Radiology
of Colorado, P.C., provided that disclosures are Required By Law, or Diversified Radiology of Colorado,
P.C. obtains reasonable assurances from the person to whom the information is disclosed that it will remain
confidential and used or further disclosed only as Required By Law or for the purpose for which it was
disclosed to the person, and the person notifies the Diversified Radiology of Colorado, P.C. of any
instances of which it is aware in which the confidentiality of the information has been breached.
c. Except as otherwise limited in this Addendum, Diversified Radiology of Colorado, P.C. may use Protected
Health Information to provide Data Aggregation services to Covered Entity as permitted by 42 CFR §
164.504(e)(2)(i)(B).
d. Diversified Radiology of Colorado, P.C. may use Protected Health Information to report violations of law
to appropriate Federal and State authorities, consistent with § 164.502(j)(1).
Obligations of Covered Entity
Provisions for Covered Entity to Inform Diversified Radiology of Colorado, P.C. of Privacy Practices and
Restrictions (provisions dependent on business arrangement)
a. Covered Entity shall notify Diversified Radiology of Colorado, P.C. of any limitation(s)in its notice of
privacy practices of Covered Entity in accordance with 45 CFR § 164.520, to the extent that such limitation
may affect Diversified Radiology of Colorado, P.C.'s use or disclosure of Protected Health Information.
b. Covered Entity shall notify Diversified Radiology of Colorado, P.C. of any changes in, or revocation of,
permission by Individual to use or disclose Protected Health Information, to the extent that such changes
may affect Diversified Radiology of Colorado, P.C.'s use or disclosure of Protected Health Information.
Diversified Radiology of Colorado,P.C. 2
. - ADDENDUM TO THE RADIOLOGY SERVICES AGREEMENT
Business Associate Contract Provisions
c. Covered Entity shall notify Diversified Radiology of Colorado, P.C. of any restriction to the use or
disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 CFR §
164.522, to the extent that such restriction may affect Diversified Radiology of Colorado, P.C.'s use or
disclosure of Protected Health Information.
Permissible Requests by Covered Entity
Covered Entity shall not request Diversified Radiology of Colorado, P.C. to use or disclose Protected Health
Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity.
Term and Termination
a. Term. The Term of this Addendum shall be effective as of May 1, 2005 and shall terminate when all of the
Protected Health Information provided by Covered Entity to Diversified Radiology of Colorado, P.C., or
created or received by Diversified Radiology of Colorado, P.C. on behalf of Covered Entity, is destroyed
or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health Information,
protections are extended to such information, in accordance with the termination provisions in this Section.
b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by Diversified Radiology of
Colorado, P.C., Covered Entity shall either:
1. Provide an opportunity for Diversified Radiology of Colorado, P.C. to cure the breach or end the
violation and terminate this Addendum.
2. Immediately terminate this Addendum if Diversified Radiology of Colorado, P.C. has breached a
material term of this Addendum and cure is not possible; or
3. If neither termination nor cure is feasible, Covered Entity shall report the violation to the Secretary.
c. Effect of Termination
1. Except as provided in paragraph (2) of this section, upon termination of the Radiology Services
Agreement, for any reason, Diversified Radiology of Colorado, P.C. shall return or destroy all
Protected Health Information received from Covered Entity, or created or received by Diversified
Radiology of Colorado, P.C. on behalf of Covered Entity. Diversified Radiology of Colorado, P.C.
shall retain no copies of the Protected Health Information.
2. In the event that Diversified Radiology of Colorado, P.C. determines that returning or destroying
the Protected Health Information is infeasible, Diversified Radiology of Colorado, P.C. shall
provide to Covered Entity notification of the conditions that make return or destruction infeasible.
Upon sixty (60) days, if return or destruction of Protected Health Information is infeasible,
Diversified Radiology of Colorado, P.C. shall extend the protections of this Addendum to such
Protected Health Information and limit further uses and disclosures of such Protected Health
Information to those purposes that make the return or destruction infeasible, for so long as
Diversified Radiology of Colorado, P.C. maintains such Protected Health Information.
Miscellaneous
a. Regulatory References. A reference in this Addendum to a section in the Privacy Rule means the section as
in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend this Addendum from time to
time as is necessary for Covered Entity to comply with the requirements of the Privacy Rule and the Health
Insurance Portability and Accountability Act of 1996.
c. Survival. The respective rights and obligations of Diversified Radiology of Colorado, P.C. under Section 1
and 2 under C. of this Addendum shall survive the termination of this Addendum.
d. Interpretation. Any ambiguity in this Addendum shall be resolved to permit Covered Entity to comply with
the Privacy Rule.
Diversified Radiology of Colorado,P.C. 3
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