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HomeMy WebLinkAbout970239.tiffRESOLUTION RE: APPROVE AGREEMENT FOR SCHEDULED/NON-EMERGENT PRENATAL DIAGNOSTIC TESTING BETWEEN HEALTH DEPARTMENT AND LUTHERAN HEALTH SYSTEMS/NCMC AND AUTHORIZE CHAIR 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 Lutheran Health Systems, operator of North Colorado Medical Center (NCMC), commencing October 1, 1996, and ending September 30, 1997, 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 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 Lutheran Health Systems/NCMC 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 5th day of Feburary, A.D., 1997, nunc pro tunc October 1, 1996. Deputy Clerk to he Board APPROVED AS TO FORM: unty Attorney CG. //Lb /a2'Mc BOARD OF COUNTY COMMISSIONERS WELDOUNTY, COLORADO fGeorge 'E Baxter, Chair EXCUSED Constance L. Harbert, Prg-Tem Dale K Hall Fxr:LJSFn Barbara J. Kirkmeyer W. H- Webster 970239 HL0023 ORIGINAL AGREEMENT FOR SCHEDULED/NON-EMERGENT PRENATAL DIAGNOSTIC ITESTING THIS AGREEMENT is made this J day of 0 , 199/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 Lutheran Health Systems, operator of North Colorado Medical Center, hereinafter referred to as "Hospital." WITNESSETH: WHEREAS, County has received from the Colorado Department of Public Health and Environment 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 Public Health and Environment 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 $9,450 of said funding to provide said diagnostic testing for up to 90 women for the year from October 1, 1996 to and until September 30, 1997, 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, 1996 to and until September 30, 1997. 2. HOSPITAL AGREES: a) To provide scheduled non -emergent prenatal diagnostic testing for up to 90 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 per -pregnancy. 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 Public Health and Environment. b) To refrain from billing said women for the prenatal diagnostic testing, unless the number of tests ordered per pregnancy exceeds the number of tests which are approved pursuant to the provisions of (a) of this Section 2. /services/W eldCtyHealthDept.OB97 Trk Sys #00-0307 970239 c) To provide County with quarterly updates on the number of eligible women served and the number of tests provided. d) To apply the $9,450 received pursuant to this Agreement to the testing of up to 90 indigent women, including associated radiologist ultrasound fees. The costs for any testing services for the 90 indigent women which exceeds $9,450 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. (As radiologist ultrasound fees are not included under "emergency Medicaid" funding, MCH funds will be used for the reimbursement of radiologist services provided to individuals eligible for "emergency Medicaid.") f) Although it is not anticipated, if a portion of the $9,450 paid by County to Hospital pursuant to this Contract remains unused by Hospital upon the termination of this Agreement, Hospital will refund any unused portion to County within 30 days after the termination of this Agreement. 3. COUNTY AGREES: a) To pay to Hospital, during the term of this Agreement, the sum of $9,450 to provide scheduled/non-emergent prenatal diagnostic testing for up to 90 indigent women who reside in Weld County, Colorado. The County will disburse funds to NCMC on a quarterly basis: $2,362.50 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 Public Health and Environment, if prior to the expiration of this Agreement, per Section 1, at least 90 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 of Hospital above the $9,450 limit to correspond with the funding received. c) County agrees to refer eligible indigent women to Hospital using the attached form. Said women are to be indentified on said form according to County records as "Medicaid", "EMERGENCY MEDICAID", "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. /services/WeldCtyHealthDept.OB97 2 Trk Sys #00-0307 970239 5. NON-LIABILILTY/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. LIMITATION - 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 thirty (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 this 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: Hospital will have the right to assign or transfer this Agreement or any interest herein to any entity which acquires all or substantially all of Hospital's operating assets or into which Hospital is merged, reorganized or affiliated. 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 /services/WeldCtyHealthDept.OB97 3 Trk Sys #00-0307 970239 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. ATTEST CLERK TO THE BOA COUNTY COOS By: Deputy Clerk to the Board 1 LUTHERAN HEALTH SYSTEMS, OPERATOR OF NORTH COLORADO MEDICAL CENTER By: / Karl B. Gills, Administrator /services/ W eldCtyHealth Dept.O B 97 irk Sys #00-0307 4 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, ON BEHALF OF THE WELD COUNTY HEALTH DEPARTMENT WELD COUNTY HEALTH DEPARTMENT By: Johnck1e, M.S.E.H. Director 970239 I I - n d l9 W L Cm z cD. ¢ 12< ui 970239 ATTACHMENT A .- 05 o el CO e 8 8 0 in a <O `'°U o' 3O p- yo C 0 h d d U CO 2 • O E Y F m as OB Ultrasound Date ordered U V G7 C a) 43 of E t W 0 as 85 8 C ` a) a. co C U ay C 2 2 as V 2 U a Medicaid Nu Phone Number: a J G W a is y a co co Z (7 Referring Physician: WCHD/ Reason for Referral: Authorized Signature: 19-4140-881 Scheduled at NCMC 970239 COLORADO mEmoRAnuum To George Baxter, Chair Date February 3, 1997 Board of Commissioners S n From John Pickle, Director, Health Department ,/ 7`� Subject: Diagnostic Testing Agreement with North Colorado Medical Center Enclosed for Board review and approval is a contract between Weld County Health Department and Lutheran Health Systems, operator of North Colorado Medical Center. The contract is for non -emergent diagnostic testing for our prenatal clients. Through our prenatal contract with the Colorado Department of Public Health and Environment, funds are allotted to the Health Department to pay for certain diagnostic tests such as ultrasound and non stress tests for our non -Medicaid prenatal clients. This agreement will compensate North Colorado Medical Center $9,450 for these services for up to 90 women.. The allotted amount is an increase of $1450 and services to 10 women over the prior contract. The period of this contract is October 1, 1996 through September 30, 1997 and I recommend your approval. Enclosures 970239 Hello