HomeMy WebLinkAbout20023035.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 Services, and
HCA-HealthONE, LLC, commencing September 19, 2002, and ending September 18, 2004,
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 Services, 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 20th day of November, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: LI/ iO i : "as EXCUSED
GI Vaad, hair
Weld County Clerk IS �) eJ
ry�' Davit. Long, Pro-Tem
BY: Z.221, n•
Deputy Clerk to the Bo EXCUSED DATE OF SI ING (AYE)
M. J. Geile
APPROVE S TOE ` / )7A-1—J'
illiam H. Jerke
n el -ems_
Crty A me C
L- /a(5/ Robert D. Masden
Date of signature:
0 /l n,/ //fig, CA 20AM0016
HCA-HealthONE LLC STUDENT
AGREEMENT CONCERNING CLINICAL EXPERIENCE
THIS AGREEMENT, made as of the 19th day of September, 2002, is between
HCA-HealthONE LLC, ("HealthONE"), and 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 the Agency's
facilities to afford the Students the opportunity to have practical learning and clinical
experiences at the Agency. The 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, the 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 Agency for the supervision of its Students that are selected to
participate in the clinical education program (the "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.
2. Student Selection for Program.
The Agency and HealthONE shall mutually agree on the accepted level of
academic preparation required of each Student that will participate in the
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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 the Agency. The 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.
3. Clinical Education Proaram.
(a) HealthONE and the 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) The 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 the Agency. A program
coordinator, the faculty member assigned by HealthONE, shall make on-
site visits to the 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 Agency shall have the right to approve the
character and extent of such faculty member's participation in clinical
instruction at the Agency.
(c) HealthONE shall designate a member of the Department to be coordinator
of the Program on behalf of HealthONE. This Department member shall
function as clinical supervisor for HealthONE's program, and shall be the
person with whom the Agency's program coordinator shall communicate
regarding the conduct of the Program. HealthONE's Department
coordinator shall work with the 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
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work and perform assignments at the discretion of their supervisors
designated by the Agency, and only pursuant to Agency policies and
protocols. Students are trainees, not employees, and are not to replace
the Agency staff. Agency has ultimate responsibility for the quality of care
given to patients.
(e) During periods of clinical assignment at the 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 the Agency. Similarly, any of HealthONE's
faculty visiting or participating in clinical instruction at the Agency shall be
subject to the standards, rules, regulations, administrative practices and
policies of the Agency. HealthONE and the Agency shall arrange and
provide orientation of faculty members and Students concerning the
Agency's standards, rules, regulations, administrative practices and
policies.
(f) HealthONE shall maintain all educational progress records pertaining to its
Students and the 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 Student from the premises, the facility or
clinical field area. 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 leave an area promptly and without protest
whenever they are requested to do so by and authorized Agency
representative. Agency shall notify HealthONE EMS of its request as
soon as practical.
4. Insurance and Indemnity.
(a) HealthONE hereby certifies that medical professional liability insurance, as
stated on its Certificate of Insurance, attached as Addendum A, 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
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member of HealthONE while on the premises of the Agency. Such
insurance coverage shall, throughout the term of this Agreement, inure to
the benefit of the 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 the Agency
or of a faculty member during any visit or teaching stay at the Agency.
HealthONE shall give the Agency written notice 30 days prior to the effec-
tive date of any changes in the terms of such insurance. In the event the
insurance is canceled in whole or in part as to any insured, HealthONE
shall immediately notify the Agency and the 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 the
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 the Agency for any purpose and the Agency shall not be
required to provide in any way any pecuniary benefits or other fringe
benefits to Students or faculty members of HealthONE. The 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) The Agency shall be under no obligation to assume any costs incurred by
the Students or the faculty of HealthONE during their scheduled time at
the Agency. The Agency shall not be required to provide any form of
transportation for Students or faculty of HealthONE.
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(c) The Agency shall be responsible for arranging immediate emergency care
of Students in the event 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
Bloodborne Disease Standards.
6. Student Withdrawal from Program.
(a) The Agency may require HealthONE to withdraw from the Agency any
Student whose performance is determined by the Agency to be
unsatisfactory or whose characteristics and activities are deemed by the
Agency to be detrimental to the Agency's responsibilities for health care.
Written requests for withdrawal of a Student shall be given by the Agency
to HealthONE and shall contain a statement of facts describing the
Student's unacceptable conduct. Upon receipt of such notice from the
Agency, HealthONE shall immediately withdraw the Student from clinical
assignment at the Agency.
7. Medicare Statutory Requirements. To the extent required by Section 1861
(v)(1)(I) of the Social Security Act, as amended, and its implementing regulations,
the Agency agrees:
(a) Until the expiration of four (4) years after the furnishing of services to
HealthONE pursuant to this Agreement, the 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 the Agency that are
necessary to certify the nature and extent of such costs relating thereto;
and
(b) If the 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
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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 subcontract, and all books,
documents, and records of such organization that are necessary to verify
the nature and extent of such costs relating thereto.
(c) Notification. If the Agency is requested or ordered to disclose any books,
documents or records relevant to the Agreement for the purpose of an
audit or investigation, the 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. Term: Termination.
(a) The initial term of this Agreement shall be two (2) year(s), commencing
Seotember 19. 2002. At the end of said initial term, unless otherwise
terminated as provided herein, the term of this Agreement shall expire,
unless the Agreement is renewed upon mutual written agreement of the
parties.
(b) This Agreement shall terminate upon the expiration of its term or any
extension thereof or upon 30 days prior written notice from either party to
the other. Should notice of termination be given, Students then assigned
to the Agency shall be allowed to complete any previously scheduled
clinical assignment then in progress at the Agency.
(c) HealthONE shall have the right to terminate or unilaterally 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 elects or is required to amend this Agreement, the parties will
use their best efforts to negotiate such amendment after HealthONE has
notified the Agency of such election or requirement. 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.
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9. Compensation.
Any HealthONE student(s) who are also employees of Agency shall be permitted
to participate in scheduled clinical experiences at Agency at no charge to
HealthONE. For each student who is not an employee of Agency, HealthONE
shall pay to the Agency the sum of twenty-five dollars ($ 25.00 ) per(student
and/or ride) ride . This sum shall be paid upon the submission of an invoice by
the Agency to HealthONE listing the total number of participating students and
the total number of rides in which the student participated. HealthONE shall pay
the amount on the invoice within 30 days of receipt, unless there is a dispute
concerning the invoice, in which case, the payment concerning the disputed
amounts shall be due and payable within 10 days after the dispute is resolved.
10. 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:
HealthONE EMS
300 E. Hampden Avenue
Suite 100
Englewood, Colorado 80110
To Aaencv:
Weld County Paramedic Service
1121 M Street
Greeley, CO 80631
(c) This Agreement shall be governed by and construed in accordance with
the laws of the State of Colorado.
(d) This Agreement shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns.
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•
(e) 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.
(f) It is expressly understood and agreed that enforcement of the terms and
conditions of the 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.
AGENCY HCA-HealthONE LLC
By By HealthONE of Denver, Inc., as Manager
r �'e
Title ry Mc be. Director ..T2-'
Jeff Dorsey, Senior Vice Phsident
TIN 84-6000-813
Date November 20, 2002 Date /-
By
Patricia Tritt
Title Director EMS &Trauma
Date 9-i9-oZ
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Board of County Commissioner for ��
The County of Weld on Behalf of the ATTEST: fats
Weld my Paramedic Service Clerk to the Board
1:61
By By
Davi E. L n ` O
Title Chair Pro-Tem Title Deputy Clerk t. -!•r�,�
Date 11/20/2002 Date 11/20/2002
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• ATTACHMENT A
Health Care lndcnmity,Inc. CERTIFICATE OF INSURANCE
CE
POBox 555
Nashville,TN 37202-0555
Phone-615/344-5847
FAX -615/344-5889
try.Inc
DATE: 1/1/2002
COW. 2390
HCA Healthone,LLC/System Support
;is to cerNN to: 4900 S.Monaco,Suite 380
me of Certificate Holder
Denver CO 80237
the described insurance coverages as provided by the indicated policy has been issued b:
ned Insured: HCA INC AND SUBSIDIARY ORGANIZATIONS
Ness: EXISTING NOW OR HEREAFTER CREATED OR ACQUIRED
ONE PARK PLAZA
NASHVILLE,TN 37202-0550
Policy identified below by a poky rsanber is In force on the date of Certificate issuance.Insurance is afforded only vet respect to those cowmen for which•spedfic Inn of
ility has been entered and is subject to et the terms of the Poky having reference thereto.This Certificate of Insurance neither affirmatively nor neg•dwy emends,extends or
rs the coverage afforded under any policy Identified herein.
-.Ark-we-WW1*c r'N
tik0i y,
Eff. 1-1-2002
HCI-1O1O2
Exp. 1-1-2003
• T.,. _niece , twate r
P aT „ .'ksgpsx�„-.3 ".'�'r Fg"•'f� r & r r"'� y.
Mae y 5� d ley 6Rw"Tsf �xy?44.* f .��t� j4^e,�
, � c r7- v s 3 '
810,000,000 Each and Every
Comprehensive General Liability— Occurrence
Occurrence Form
• Bodily Injury Unlimited Aggregate
• Property Damage
• Products and Completed Operations
• Personal and Advertising Injury
Health Care Professional Liability— 810,000,000 Each and Every
Occurrence Form Occurrence
Unlimited Aggregate
SPECIAL CONDITIONS/OTHER COVERAGES: colD 30649
THE NAMED INSURED INCLUDES HCA-HEALTHONE,LLC/SYSTEM SUPPORT
Revised 6/24/2002
Ction:Should any of the above described policies be canceled before the expiration date thereof,the lasting company will endeavor to mall ninety days
written notice to the above named certificate holder,but failure to mall such notice shall impose no obligation or liability of any Idnd upon the company.
- *ewaa'D.
Authorized Signature
• He Wi North Suburban Medical Center 4900 South Monaco Street
® Presbyterian/St.Luke's Medical Center
Rose Medical Center Suite 380
Spalding Rehabilitation Hospital Denver, Colorado 80237
Swedish Medical Center
Sky Ridge Medical Center(Opening 2003) 303.788.2500 Phone
303.779.4993 Fax
LEADING HOSPITALS. TRUSTED CARE. www.HealthONEcares.com
_
November 6, 2002 D Li i... _ ,
• �
�
•
_ Nov 072002 f1,
Ms. Cindy Giauque $J
Weld County Attorney's Office WELD co u N "Y
P. O. Box 758 ATTORNEy•r, C.,. Fl E
Greeley, Colorado 80632
Subject: Agreement Concerning Clinical Experience
Dear Cindy:
Pursuant to our conversation this morning, I am enclosing two original
Agreements Concerning Clinical Experience between Weld County Paramedic Service
and HCA-HealthONE facilities. This agreement incorporates all of the changes that we
spoke about this morning. If this agreement meets your approval, please obtain the
necessary signatures for both copies and return them to me for execution. I will then
return a fully executed document to you for your files. Feel free to call me at 303-788-
2522 if you have any questions.
Sincerely,
Candy L. :hapu
Paralegal to
Elizabeth ' a Carver, General Counsel
enclosure
2002-3035
AIRLIFE Broncos Sports Medicine/ Occupational Medicine Surgery Centers
Centennial Medical Plaza Rehabilitation Centers and Rehabilitation Centers Highlands Ranch Medical Plaza
Rocky Mountain Health Centers
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