HomeMy WebLinkAbout20023229 RESOLUTION
RE: APPROVE AGREEMENT CONCERNING MEDICAL SERVICES AND AUTHORIZE
CHAIR TO SIGN - SUNRISE COMMUNITY HEALTH 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 Medical
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 Center, commencing August 1, 2002, and ending
September 30, 2003, 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 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 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 23rd day of December, A.D., 2002, nunc pro tunc August 1, 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1 t?
ATTEST: � n z�}� EXCUSED
fate# al" Gle n Vaad, Chair
Weld County Clerk to th
r ve
,r
Davi. E. ng, Pro-Tem•
BY:
Deputy Clerk to the Boar
M. J. Geile,,t7
AP V AS TO •
AEXCUSED DATE OF SIGNING (AYE)
William H. Jerke
o ny A o ey EXCUSED
%/ Robert D. Masden
Date of signature:
2002-3229
0O F �l HL0029
AGREEMENT CONCERNING MEDICAL SERVICES
THIS AGREEMENT is made and entered into by and between Sunrise Community
Health Center, 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;
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, 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;
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 August 1, 2002 through September 30, 2003, and shall automatically renew
from year to year following the fiscal year from October 1, through September 30 of 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 by WCDPHE. WCDPHE agrees 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:
(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
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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 said primary care patients.
(b) Eligibility for Services. WCDPHE will determine a patient's eligibility for
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 the patient receiving prenatal services has
authorized WCDPHE to monitor or audit the services being provided to them by SUNRISE, as
required by the terms of the MCH grant.
( 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 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 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.
(e) Quality Assurance. WCDPHE shall be responsible for auditing services
provided to the indigent persons referred or authorized to receive 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,
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.
(0 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,
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WCDPHE agrees to provide office space for the use of SUNRISE health care providers, which
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.
4. Services to be 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 Colorado Department of Public Health and
Environment("CDPHE") for Maternal and Child Health ("MCH") services.
The services to be provided by SUNRISE to indigent persons 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 the time of the execution of this Agreement, the parties anticipate that
SUNRISE will install a sink in each exam room for SUNRISE's use in fulfilling its obligations
under this Agreement.
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.
5. 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 for prenatal care services in equal monthly installments, so long as SUNRISE is
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complying with the terms of the Agreement. The parties acknowledge that the current prenatal
care funding will not exceed $116,667 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.
(2) 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.
(3) 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 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.
6. Additional Provision of Staff by the Parties. Each party shall designate staff to
jointly develop a 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.
7. 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. For the
purposes of audit 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 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.
(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.
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( 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 HIPAA.
8. Authority to Subcontract. WCDPHE warrants that it has obtained any
necessary authorization, and that WCDPHE has the authority to enter into this Agreement with
SUNRISE.
9. 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.
10. 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,
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.
11. Non-Assignment. This Agreement shall not be assignable without prior written
consent of WCDPHE or SUNRISE, whichever is the non-assigning party.
12. 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, on a pro rata basis.
13. 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.
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SUNRISE: Sunrise Community Health Center
Attn: Mike Bloom
1028 5th Avenue
Greeley, Colorado 80631
FAX: (970) 353-9906
WCDPHE: Weld County Department of Health
c/o Judy Nero
1555 N. 17th Avenue
Greeley, Colorado 80631
FAX: (970) 304-6412
14. 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.
15. 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.
16. Funding. Notwithstanding any provision to the contrary in this Agreement, if
funds are no longer available from the MCHS 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.
17. 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 tot he
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 23rd
day of December , 2002.
SUNRraMUNITY HE TH CENTER
dim
Iz - i8- az
Date Date
WELD COUNTY DEPARTMENT OF
PUBLIC HEALTH D ENVIRONM T
Mark E. Wallace, M. D., M.P.H.
Director
Date
BOARD OF COUNTY COMMISSIONERS ATTEST: �b+�te�
WEL COUN Y, COLORADO Weld County Clerk to tie Bq EP.
._ By
Chair-Tem, David E. o g Deputy Clerk to the Bo: d-If
December 23, 2002
Date
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Memorandum
TO: Glen Vaad, Chair
C Board of County Commissioners
•
COLORADO FROM: Mark E. Wallace, MD, MPH, Director
Department of Public Health and
Environment • O
DATE: December 18, 2002
SUBJECT: Agreement Concerning Medical Services
Enclosed for Board review and approval is an agreement between Sunrise Community Health
Center and Weld County for the provision of prenatal services to indigent women.
Weld County Department of Public Health and Environment(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. Through the terms and
conditions of this agreement, Weld County will contract with Sunrise Community Health Center
to provide such services to women who will be referred by WCDPHE.
For these services, Weld County will pay SCHC a sum not to exceed $116,667 for the initial
term of this agreement of August 1, 2002 through September 30, 2003. Weld County will also
provide appropriately and adequately furnished exam rooms and office space for SCHC's use in
providing these agreed upon medical services.
I recommend your approval of this agreement.
Enclosure
2002-3229
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