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.
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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.
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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
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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
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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
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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
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