HomeMy WebLinkAbout941298 RESOLUTION
RE: APPROVE AGREEMENT FOR SCHEDULED/NON-EMERGENT PRENATAL DIAGNOSTIC
TESTING BETWEEN DEPARTMENT OF HEALTH AND NORTH COLORADO MEDICAL
CENTER AND AUTHORIZE CHAIRMAN TO SIGN
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 for Scheduled/Non-Emergent
Prenatal Diagnostic Testing 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 Health Department,
and North Colorado Medical Center, commencing October 1, 1994, and ending September 30, 1995,
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 Purchase of 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 Health Department, and the Larimer County Health Department be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 d y of December, A.D., 1994, nunc pro tunc October 1, 1994.
i / /),P,/A
�o_ BOARD OF COUNTY COMMISSIONERS
l WELD COUNTY, OLORADO
ATTEST: t.720" it wfr
Weld County Clerk to the Board b) .71 C i •
��2�l '! �/l
VWebster, ha'rman
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BY: 'i Jk= �'ti-t! L i7
keil
Deputy Clerk to the Board_ \ Dale . Hall, Pro-Tem f
APPROV AS TO FORM: 1" ,- C-:( '71 t
Gleor . Baxter /
County Attorney Co tance L. Harbert /
.'CA.
Barbara J. Kirkmeyer
941298
HL0020
C' ' : /it)NCMC
OR ! GtN I_
AGREEMENT FOR SCHEDULED/NON-EMERGENT
PRENATAL DIAGNOSTIC TESTING
THIS AGREEMENT is made this a/,zt day of 4-teem(2ei2J , 1994 by and
between the Board of County Commissioners of Weld County on behalf of the Weld County Health
Department,hereinafter referred to as "County", and the North Colorado Medical Center,hereinafter
referred to as "Hospital."
WITNESSETH:
WHEREAS, County has received from the Colorado Department of Health contract funding
to assist in the provision of prenatal care to indigent women in Weld County, Colorado, and
WHEREAS, a part of the funding from the Colorado Department of Health is to assist with
payments of scheduled/non-emergent prenatal diagnostic testing which includes OB ultrasounds,
non-stress tests, and contraction stress tests, and
WHEREAS, County has allotted $8,000 of said funding to provide said diagnostic testing
for up to 80 women for the year from October 1, 1994 to and until September 30, 1995, and
WHEREAS, Hospital has the personnel and facilities to provide said prenatal diagnostic
testing.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from October 1, 1994 to and until
September 30, 1995.
2. HOSPITAL AGREES:
a. To provide scheduled non-emergent prenatal diagnostic testing for up to 80
indigent women who reside in Weld County, Colorado. The term "prenatal
diagnostic testing" shall include and be limited to a maximum of two
ultrasounds, four non-stress tests, and two contraction stress tests per woman.
The term"indigent women" shall include and be limited to those women who
are residents of Weld County, Colorado, and who are not recipients of
Medicaid and are not insured for such testing, and/or are otherwise identified
as Maternal Child Health("MCH") clients pursuant to the rules, regulations.
and guidelines of the Colorado Department of Health.
Page 1 of 5 Pages
91.1.2.7151
b. To refrain from billing said women for the prenatal diagnostic testing, unless
the number of tests ordered exceeds the number of tests which are approved
pursuant to the provisions of(a) of this Section 2.
c. To provide County with quarterly updates on the number of eligible women
served and the number of tests provided.
d. To apply the $8,000 received pursuant to this Agreement to the testing o f up
to 80 indigent women, including associated radiologist ultrasound fees. 'The
costs for any testing services for the 80 indigent women which exceed$8,000
shall be recognized as Hospital's service contribution to the community.
e. To bill Medicaid for those indigent women identified as being "on
Medicaid," as "emergency only," or as "pending Medicaid." Only if
Medicaid denies payment for the "emergency only" or the "pending
Medicaid" women can the testing on those women be charged to County for
payment from the MCH fund.
f Although it is not anticipated, if a portion of the $8,000 paid by County to
Hospital pursuant to this Contract remains unused by Hospital upon the
termination of this Agreement or on September 30, 1995, whichever sooner
occurs, Hospital will refund any unused portion to County within 30 days
after the termination of this Agreement or after September 30, 1995,
whichever is relevant.
3. COUNTY AGREES:
a. To pay to Hospital, during the term of this Agreement, the sum of$8,000 to
provide scheduled/non-emergent prenatal diagnostic testing for up to 80
indigent women who reside in Weld County, Colorado. The County will
disburse funds to NCMC on a quarterly basis; $2,000 shall be issued to
NCMC during the months of October, January, April, and July. County
acknowledges the quarterly funding allocation may not always correspond to
the quarter in which services are provided due to billing cycles and
determination of Medicaid eligibility.
b. To request increased funding from the Colorado Department of Health if,
prior to September 30, 1995, at least 80 women have been served pursuant
to this Agreement. If such additional prenatal diagnostic test funding is
received, County agrees to disburse such funds to Hospital after this
Agreement is amended by both parties to increase the number of indigent
women to be served and to increase the amount of payment to Hospital above
the $8,000 limit to correspond with the funding received.
Page 2 of 5 Pages
94i..2'`1A
c. County agrees to refer eligible indigent women to Hospital using the attached
form. Said women are to be identified on said form according to County
records as "Medicaid." "EMAC," "PENDING MEDICAID," OR "MCH."
4. EMPLOYMENT: The employees and/or agents of either party to this Agreement
shall not, by virtue of the signing of this Agreement or by the execution of the duties
and covenants contained herein, become employees of the other party hereof.
5. NON-LIABILITY/NON-WAIVER OF IMMUNITIES: No portion of this
Agreement shall be deemed to constitute a waiver of any immunities parties or their
officers or employees may possess, nor 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.
6. LIMITATIONS - LIABILITIES - INDEMNIFICATION
Each party shall not be responsible or liable for acts or omissions or failure to act by
the other party. Accordingly, County agrees to indemnify and hold Hospital
harmless from any and all liability incurred by acts or omissions or failures to act by
County and, likewise, Hospital agrees to indemnify and hold County harmless from
any and all liability incurred by acts or omissions or failures to act by Hospital.
Because County is a department of the Weld County government, Hospital
acknowledges that its agreement to indemnify and hold harmless County 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.
7. TERMINATION: Either party may terminate this Agreement for cause upon ten
(10) days written notice and for any reason upon giving 30 days written notice to the
other party. In the event this Agreement is terminated. Hospital shall be entitled to
payment for any services provided pursuant to this Agreement and prior to the
termination date for which Hospital has not yet been reimbursed. Any funds held by
Hospital in excess of the amount to which Hospital is entitled at the date of
termination for any services provided shall be refunded to County.
8. NON-APPROPRIATION: No portion of the Agreement shall be deemed to create
an obligation on the part of County to expend funds not otherwise appropriated in
any relevant year.
9. TRANSFER RIGHTS: NCMC will have the right to assign or transfer this
Agreement or any interest herein to any entity which acquires all or substantially all
of NCMC'S operating assets or into which NCMC is merged, reorganized, or
affiliated.
Page 3 of 5 Pages
9'1?99
10. FINANCIAL RECORDS - ACCESS: The County and Hospital agree to provide to
the Controller General of the United States Department of Health and Human
Services, and their duly authorized representatives. upon written request, reasonable
access to this Agreement and their books, documents,and records until the expiration
of four(4) years after services are furnished under the Agreement for the purpose of
evaluating the nature and extent of the costs and services provided. The County and
Hospital further agree that if either subcontracts for any of the duties under this
Agreement at a value or cost of$10,000 or more over a twelve month period, with
a related organization, the subcontract shall contain a clause to the effect that the
related organization must make available, upon written request, to the Controller
General of the Department of Health and Human Services and their duly authorized
representatives,the subcontract,and the books,documents, and records of the related
organization that are necessary to verify the nature and extent of the costs until
expiration of four(4) years after the services are furnished under the subcontract.
11. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding
between the parties hereto with respect to the subject matter hereof and may not be
changed or modified except as stated in Section 12 below.
12. AMENDMENTS: This Agreement may be amended only in writing signed by both
parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.
ATTE4 i • BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO. ON
CLERK TO THE BOARD OF BEHALF OF THE WELD COUNTY
COUNTY COMMISSIONERS HEALTH DEPARTMENT
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By:6h`,�� BY 41 i �����n 2
eputy Clerk to the Board W. H. Webster, Chairman (12/28/94)
Page 4 of 5 Pages
Q 4190Q
NORTH COLORADO MEDICAL CENTER, INC.
CORPORATE SEAL
.,. , ._
Bonnie Carwin, Operations Manager
By: Jam.. yC�
John Miller, Division Director
SUBSCRIBED AND SWORN to before me this day of
19 . WITNESS my hand and official seal.
Notary Public
My commission expires:
prenatal.db
Page 5 of 5 Pages
NORTH COLORADO % n CC'
MEDICAL CENTER
P. nn
1801 16th Street
CI—t lt_ ' Greeley, Colorado 80631-5199
r 303-352-4121
December 12, 1994
W.H. Webster, Chairman
Board of County Commissioners
Post Office Box 758
Greeley, CO 80632
Dear Mr. Webster:
Enclosed please find three (3) copies of the partially executed Amendment to the Agreement
between the Board of County Commissioners of Weld County and NCMC. Please sign all copies
of the Agreement as indicated and return two signed original Agreements for our files. I would
appreciate a signed copy back for our files as soon as possible as we must include this contract
in the due diligence review for our affiliation with Lutheran Health Systems.
If you have any questions or need additional information regarding this contract, please feel free
to contact me at (303) 350-6190.
Thank you for your assistance with this matter.
Sincerely,
Kate Tremblay
Contracts Coordinator
941298
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