The URL can be used to link to this page

Browse Search

Home My WebLink About20062268 RESOLUTION RE: APPROVE AGREEMENT CONCERNING RADIOLOGY SERVICES AND AUTHORIZE CHAIR TO SIGN - BANNER HEALTH, DBA NORTH COLORADO MEDICAL CENTER 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 Radiology 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 Banner Health,dba North Colorado Medical Center,commencing June 19,2006, and ending August 31, 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 Agreement Concerning Radiology 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 Banner Health, dba North Colorado Medical Center 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 21st day of August, A.D., 2006, nunc pro tunc June 19, 2006. Imo"` !) I' �43/414) ELD CO TY, COLORADO BOARD OF COUNTY COMMISSIONERS ATTEST: "'�uN I I %4132� eile, Chair Weld County Clerk to the : ;. j' oi C�' Aun \N r , � � r� David E. Long, Pro-Tem BY: 1L✓� r d Dep Clerk tb the Board '1-,T7/,.. A Wil♦ mrke L��FED AS TO FO \i\Q______ 7o1111 Robert ,,--2.-----, Robert D. Masden� ty Attorn y EXCUSED I Glenn Vaad Date of signature: q L C1(0 2006-2268 HL0033 PO.' /f-C/ tki5) oy- O0-00 Memorandum TO: M.J. Geile, Chair Board of County Commissioners IFROM: Mark E. Wallace, MD, MPH, Director O Department of Public Health and Environment 'p,C, COLORADO DATE: August 17, 2006 i SUBJECT: Agreement Concerning Radiology Services Enclosed for Board review and approval is an agreement between Banner Health, an Arizona nonprofit corporation, operator of North Colorado Medical Center (NCMC), and Weld County for the provision of radiology services to indigent persons who do not otherwise qualify for Medicaid or other assistance programs. Through the terms and conditions of this agreement,NCMC will provide routine technical component radiology services, including one "two-view" x-ray to eligible indigent persons at the request of the Weld County Department of Public Health and Environment (WCDPHE). In exchange for these services, WCDPHE agrees to pay NCMC $33.00 for each "two-view" x-ray. This agreement will be effective for the time period June 19, 2006 through August 31, 2007, and may be renewed for additional one year periods upon mutual written agreement. I recommend your approval of this agreement. Enclosure 6riT „als 2006-2268 AGREEMENT CONCERNING RADIOLOGY SERVICES THIS AGREEMENT is made and entered into by and between Banner Health, an Arizona nonprofit corporation, operator of North Colorado Medical Center, (" NCMC"), 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 at times finds it necessary and appropriate to provide radiology services to indigent persons who do not otherwise qualify for Medicaid or other assistance programs ("indigent persons"); WHEREAS, NCMC has the necessary credentials and the appropriate personnel to provide radiology services in the State of Colorado ("radiology services"), and is willing and able to provide such services to indigent persons; WHEREAS, WCDPHE would like NCMC to provide radiology services to eligible indigent persons 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. This Agreement shall be effective June 19, 2006, and continue through August 31, 2007. This Agreement may be renewed for additional one (1) year periods upon mutual written agreement of the parties. 3. Services to be Provided by NCMC. NCMC agrees to provide routine technical component radiology services, including one "two-view" x-ray 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 NCMC. 4. Services to be Provided by WCDPHE. WCDPHE agrees to provide the following services pursuant to this Agreement, concerning WCDPHE clients who are referred or authorized to receive radiology services from NCMC: (a) Referrals. All referrals and authorizations for radiology services to indigent persons will be coordinated through WCDPHE and the WCDPHE designated coordinator. NCMC shall provide radiology services to indigent persons under this Agreement only upon an order of a physician with appropriate NCMC medical staff privileges. The parties acknowledge that the indigent persons who are authorized to receive services from NCMC are initially, and 1 remain, patients of WCDPHE. (b) Eligibility for Services. WCDPHE will determine a patient's eligibility for services prior to referral of such patient to NCMC. NCMC will confirm eligibility status with WCDPHE, in the event of any question concerning such status. In addition, the parties acknowledge that the patient receiving services has authorized WCDPHE to monitor or audit the services being provided to them by NCMC. 5. Compensation. In consideration for the services to be provided by NCMC as set forth in this Agreement, WCDPHE agrees to pay NCMC the following: (a) Funding and Rates for Services. WCDPHE will reimburse NCMC for radiology services provided to indigent persons referred to NCMC by WCDPHE for such services, at the rate of$33.00 for each "two-view" x-ray. If either party wishes to modify the agreed-upon rate for services for any subsequent term of this Agreement, the party wishing to modify the rate shall so notify the other party no later than ninety(90) days prior to the expiration of the then current term of the Agreement. The parties will then negotiate in good faith to reach an agreement concerning the rate to apply to the new term of the Agreement. (b) Billing. NCMC will provide to WCDPHE on a monthly basis, a summary of radiology 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, and date of service. NCMC will provide in a timely manner any additional information which may be required by WCDPHE in processing the billing information. 6. Records. The relevant records of NCMC 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: (a) Medical Records. Medical records for the services provided pursuant to this Agreement will be maintained at NCMC, 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 NCMC with respect to the services provided by NCMC pursuant to this Agreement at all reasonable times during regular business hours. (c ) Confidentiality. 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. 2 7. 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. 8. Limitations -Liabilities - Indemnification. Neither party shall be responsible or liable for acts, omissions, or failure to act by the other party. Accordingly, NCMC agrees to be solely responsible for the acts and omissions of its employees and agents acting within the scope of the employment or engagement by NCMC, and WCDPHE will be solely responsible for the acts and omissions of its employees and agents acting within the scope of their employment or engagement. The term "responsible" means liability for 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. 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. 9. Non-Assignment. This Agreement shall not be assignable without prior written consent of WCDPHE or NCMC, whichever is the non-assigning party. 10. 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 NCMC which duly reflects the amount not previously reimbursed for actual services rendered to indigent persons under the terms and provisions of this Agreement by NCMC during the term of this Agreement, and pursuant to the terms and provisions of this Agreement. 11. 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. NCMC: Banner Health d/b/a North Colorado Medical Center c/o Chief Executive Officer 1650 16th Street Greeley, Colorado 80631 FAX: 3 with a copy to:Banner Health do Legal Department 1801 16th Street Greeley, Colorado 80631 FAX: (970) 350-6314 WCDPHE: Weld County Department of Public Health And Environment do Judy Nero 1555 N. 17th Avenue Greeley, Colorado 80631 FAX: (970) 304-6412 12. 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 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. 13. 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. 14. 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. 15. 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. 4 16. Conflict of Interest. No officer, member, director, or employee of WCDPHE or NCMC, and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 17. No Federal Exclusion. 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 NCMC 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 NCMC 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 17, this Agreement shall, as of the effective date of such exclusion or breach, automatically terminate. 18. Non-Exclusive Agreement. This Agreement is not exclusive. Accordingly, either NCMC 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. 19. Accreditation of NCMC. If performance by NCMC of any term, covenant, condition or provision of this Agreement shall jeopardize the full accreditation of NCMC by any regulatory agency, or if, for any reason, such performance should be in violation of any statute or ordinance or for any other reason be illegal, be deemed unethical by any recognized body, agency or association in the medical or hospital fields or materially limit third-party reimbursement for the services provided pursuant tot he terms of this Agreement, then NCMC shall give WCDPHE notice and provide a reasonable time within which to cure. If no cure is implemented by the parties, then NCMC, in its discretion may terminate this Agreement with such notice as it deems reasonable under the circumstances. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2006. WELD COUNTY DEPARTMENT OF BANNER HEALTH d/b/a PUBLIC HEALT ANTIRO ENT NORTH CO- ORADO MEDICAL CENTER Mark E. Wallace, M.D., MEH, By: Director e, j Title $ - 14-0 Date Date 5 BOARD OF COUNTY COMMISSIONERS ATTEST: i �4' '"'' WELD COUN , COLORADO Weld County Clerk to the Board E za . ( t ,4 t Chair M. J. Geile w Iep Clerk o the Board ; AUG 2 1 2006 ,6, y)� Date aN aC� !✓ 6 Hello