HomeMy WebLinkAbout20043163.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 October 15, 2004 and ending October 15, 2006,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 1st day of November, A.D., 2004, nunc pro tunc October 15, 2004.
BOARD OF COUNTY COMMISSIONERS
�� W LD COUNTY, COLORADO
® o Q - - WILD
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IdU j Robert D. Masden, Chair
#i trk to the Board.i`.
--,,Y-Deputy Clerk to the Board — 717 j c—
M. 'ile
O DASTO • c
David . Long
County .r -y
/ Glenn Va-.
Date of signature: ,17.49./IF
2004-3163
AM0018
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AGREEMENT CONCERNING
CLINICAL EXPERIENCE
THIS AGREEMENT, made as of the 15 day of October ,2004, is
between HCA-HeaIthONE LLC, ("HeaIthONE"), 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 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. Term: Termination.
(a) Term The initial term of this Agreement shall be two (2) year(s),
commencing October 15 . 2004 . At the end of said initial term,
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2004-3163
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) Termination. Unless sooner terminated pursuant to the provisions herein,
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 such 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) Termination or Amendment as the Result of Government Regulation.
HeaIthONE 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
3. 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 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. Any Student selected to participate in the clinical experience must
first submit to a fingerprint-based criminal history record check as required by
statute.
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4. Clinical Education Program.
(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 HeaIthONE'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 the Agency.
(c) HeaIthONE shall designate a member of the Department to be coordinator
of the Program on behalf of HeaIthONE. This Department member 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 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
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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 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.
5. 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 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 effective date of any changes in the terms of such insurance. In the
event the insurance is canceled in whole or in part or as to any insured,
HealthONE shall immediately notify the Agency and the Agency may
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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.
6. 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 HeaIthONE. 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 of Students or faculty of HealthONE.
(c) The 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
Bloodborne Disease Standards.
7. Student Withdrawal from Program.
The Agency may require HealthONE to withdraw from the Agency any Student
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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.
8. Medicare Statutory Requirements. To the extent required by Section 1861 (v)(1)(1)
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
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.
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9. HIPAA Compliance Requirements. The parties agree to comply with the Health
Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C.
section 1320d ("HIPAA") and any current and future regulations promulgated
thereunder including without limitation the federal privacy regulations contained
in 45 C.F.R. parts 160 and 164 (the "Federal Privacy Regulations"), the federal
security standards contained in 45 C.F.R. part 142 (the "Federal Security
Regulations"), and the federal standards for electronic transactions contained in 45
C.F.R. Parts 160 and 162, all collectively referred to herein as "HIPAA
Requirements." The parties agree not to use or further disclose any Protected
Health Information (as defined in 45 C.F.R. section 164.501) or Individually
Identifiable Health Information (as defined in 42 U.S.C. section 1320d), other than
as permitted by HIPAA Requirements and the terms of this Agreement. To the
extent applicable under HIPAA, each party shall make its 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 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
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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. 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-HeaIthONE LLC:
Swedish Medical Center
EMS
300 E. Hampden Avenue
8
Suite 100
Englewood, Colorado 80110
Ph: 303-788-6236
To Agency:
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.
(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 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.
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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.,
Manage
By:
ave Bressler, Director Je f Dorsey, Senior Vice Pres' ent
By:
Mary White, O
BOARD OF COUNTY COMMISSIONERS
FOR THE COUNTY OF WELD ON T' , . ATTEST: ' 1 ���
OF THE WELD COUNTY PARA DrLi �> fa
i> y
SERVICE 861 ��► ERK TO THE BOARD
By: : "' ��
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Robert J. asden, Chair &N Deputy Clerk to the Board
NOV 01 2004
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