HomeMy WebLinkAbout990086.tiff RESOLUTION
RE: APPROVE AGREEMENT CONCERNING PRENATAL SERVICES AND AUTHORIZE
CHAIR TO SIGN - LUTHERAN HEALTH SYSTEMS, OPERATOR OF NORTH
COLORADO MEDICAL CENTER, DBA NORTH COLORADO FAMILY MEDICINE
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 Prenatal
Services 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, dba North Colorado
Family Medicine, commencing August 31, 1998, and ending September 30, 1999, 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 Prenatal Services 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 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 13th day of January, A.D., 1999, nunc pro tunc August 31, 1998.
BOARD OF COUNTY COMMISSIONERS
r nOUNTY, C LOATTEST: lid
Dale K. Hall, Chair u
Weld County Clerk t.�IYtu ,:'�l< kr9 —
ql t o a J. Kirk /meyer,
P TL sC/«:
G irkmeyer, P o-Tem
BY: /1 . u, /Deputy Clerk to thev t f7 .7c 5
eorge axter
AP" •V- . • . OF RM: �
M. J. Geile
un'or -yCC/Cd?�
Glenn Vaaa
/. 990086
H"L- HL0025
AGREEMENT CONCERNING PRENATAL SERVICES
THIS AGREEMENT is made and entered into by and between Lutheran Health Systems,
a North Dakota nonprofit corporation, operator of North Colorado Medical Center, dba North
Colorado Family Medicine ("NCFM"), and 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("WCHD").
BACKGROUND INFORMATION
WHEREAS, WCHD currently receives grant money from the State of Colorado to
provide prenatal clinics and services to indigent women who do not otherwise qualify for
Medicaid or other assistance programs ("indigent women");
WHEREAS,NCFM has the necessary credentials and the appropriate personnel to
provide prenatal services in the State of Colorado ("prenatal services"), and is willing and able to
provide such services to indigent women;
WHEREAS, WCHD desires the services of NCFM in providing prenatal services to
eligible indigent women consistent with the terms and conditions hereinafter set forth;
NOW THEREFORE, for and in consideration of the covenants, conditions, agreements,
and stipulations hereinafter expressed, the parties do hereby agree as follows:
1. Recitals. The above set forth recitals are hereby incorporated as though set forth
herein verbatim.
2. Term of Agreement. The parties intend that this Agreement shall be effective,
subject to funding, for the initial term of August 31, 1998 through September 30, 1999, and shall
automatically renew for the fiscal year from October 1, 1999, through September 30, 2000,
subject to funding. Thereafter, this Agreement shall automatically renew from year to year,
unless sooner terminated either from lack of funding, or otherwise, pursuant to the provisions
contained in this Agreement.
3. Services to be Provided by NCFM. NCFM agrees to provide routine prenatal
services to eligible indigent women at the request of WCHD, pursuant to the protocols, policies
and procedures established by WCHD, as well as those established by NCFM. Such prenatal
services shall be provided to a mutually agreed upon number of new cases per month, but at least
12.5 new clients per month will be provided such services by NCFM, in accordance with grant
guidelines established by the Colorado Department of Public Health and Environment
("CDPHE") for Maternal and Child Health Services ("MCHS"). Such prenatal services shall be
provided at the NCFM facilities at the above stated address.
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4. Services to be Provided by WCHD. WCHD agrees to provide the following
services pursuant to this Agreement, concerning WCHD clients who are referred or authorized to
receive prenatal services from NCFM:
(a) Referrals. In order to qualify for payment under the MCHS Grant money
obtained by WCHD, all referrals and authorizations for prenatal services to indigent women will
be coordinated through WCHD and the WCHD designated coordinator. The parties
acknowledge that the indigent women who are authorized to receive services from NCFM are
initially, and remain, patients of WCHD. For purposes of receiving funding under the MCHS
Grant, WCHD must continue to monitor and audit the services being provided.
(b) Eligibility for Services. WCHD will determine a patient's eligibility for services
under the MCHS Grant, prior to referral of such patient to NCFM. NCFM will confirm
eligibility status with WCHD, in the event of any question concerning such status. In addition,
the parties acknowledge that the patient receiving services has authorized WCHD to monitor or
audit the services being provided to them by NCFM.
(c ) Screening Services. WCHD shall also provide all screening services to WCHD
patients who are referred or authorized for prenatal services by NCFM, including, but not limited
to, EPSDT, social worker, presumptive eligibility, nutrition education, and other preventative
public health services. All intake and screening services shall take place at the WCHD facility.
(d) Case Management Services. WCHD will provide case management services to
the WCHD patients who are eligible for"prenatal-plus" case management services as defined by
CDPHE indicators. WCHD will also, in some instances when WCHD determines that it is
appropriate, provide additional support upon request by NCFM, to the WCHD patients who are
referred or authorized for prenatal services by NCFM pursuant to this Agreement, including, but
not limited to, following up on missed appointments and home visits after delivery.
(e) Family Planning Services. WCHD will provide family planning services to the
WCHD patients who are referred or authorized for prenatal services by NCFM pursuant to this
Agreement following delivery, and upon the recommendation or referral by NCFM.
5. Compensation. In consideration for the services to be provided by NCFM as set
forth in this Agreement, WCHD agrees to pay NCFM the following:
(a) Funding and Rates for Services. WCHD will reimburse NCFM for prenatal
services provided to indigent women referred to NCFM by WCHD for such services, at the rates
set forth in Exhibit A, attached hereto and incorporated herein. The parties acknowledge that the
current MCHS Grant funding will not exceed $100,000 for the initial term of this Agreement,
although that amount is no indication of what the grant amount may be in any subsequent term or
year. WCHD will not be able to pay for any services which exceed the funded amount for the
MCHS Grant in any given year. WCHD agrees to notify NCFM, and to make no more referrals
of WCHD clients to NCFM, when the funding has been exhausted.
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If the demand exceeds the funded amount, WCHD agrees to research availability of
additional funding for such prenatal services, but WCHD specifically makes no representations
whatsoever concerning the availability of any funding for the services contemplated under this
Agreement.
(b) Billing. NCFM will provide to WCHD on a weekly basis, a summary of
prenatal services rendered to indigent women referred or authorized by WCHD to receive such
services. The summary will include the following information: patient name, date of birth, date
of service, service rendered, and NCFM service provider. NCFM will provide in a timely
manner any additional information which may be required by WCHD in processing the billing
information.
6. Additional Provision of Staff by the Parties. Each party shall designate staff to
jointly develop a record keeping system for joint use in tracking the prenatal clients who are
authorized or referred to NCFM by WCHD to receive prenatal services pursuant to this
Agreement, and to ensure efficient and adequate protocol for such referrals or authorizations.
Each party shall appoint members from its respective staffs for a transition team to ensure a
smooth transition to such referral system.
WCHD agrees to initially provide the services of a nurse practitioner to NCFM to assist
in the establishment of the referral or authorization system and to oversee and ensure the protocol
for the provision of the prenatal services by NCFM to the referred or authorized WCHD patients.
WCHD agrees to provide 30 days notice to NCFM before discontinuing the provision of the
nurse practitioner from WCHD to NCFM.
7. Records. The relevant records of NCFM shall be complete and available for
audit ninety (90) days after final payment for any services provided pursuant to this Agreement,
and shall be retained and available for audit purposes for at least five (5) years after such final
payment. For the purposes of audit to ensure compliance with the CDPHE Maternal and Child
Health Services Grant guidelines, the parties agree to the following provisions concerning
records:
(a) Medical Records. Medical records for the services provided pursuant to this
Agreement will be maintained at NCFM, but WCHD personnel will have access to such files at
all reasonable times during regular business hours.
(b) Financial Records. WCHD shall have access to NCFM's financial records with
respect to the services provided pursuant to this Agreement at all reasonable times during regular
business hours.
(c) Confidentiality. Each party agrees to keep any and all records and information
confidential, in compliance with all laws and regulations concerning the confidentiality of such
records.
8. Authority to Subcontract. WCHD warrants that it has obtained any necessary
authorization, and that WCHD has the authority to enter into this Agreement with NCFM.
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9. Parties' Relationship. The parties to this Agreement intend that the relationship
between them contemplated by this Agreement is that of independent entities working in mutual
cooperation. No employee, agent, or servant of one party shall be or shall be deemed to be an
employee, agent, or servant of another party to this Agreement.
10. Limitations - Liabilities - Indemnification. Each party shall not be responsible
or liable for acts or omissions or failure to act by the other party. Accordingly, NCFM agrees to
indemnify and hold WCHD harmless from any and all liability incurred by acts or omissions or
failures to act by NCFM, and likewise, to the extent permitted by law, WCHD agrees to
indemnify and hold NCFM harmless from any and all liability incurred by acts or omissions or
failures to act by WCHD. Notwithstanding any other provision contained herein, WCHD
specifically does not waive any immunities to which it is entitled.
Because WCHD is a department of the Weld County government,NCFM acknowledges
that its agreement to indemnify and hold harmless WCHD extends to Weld County, its
employees, agents, subcontractors, and assignees. Because NCFM is a department of North
Colorado Medical Center, WCHD acknowledges that its agreement to indemnify and hold
harmless NCFM extends to Northern Colorado Medical Center and Lutheran Health Systems, 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.
1 I. Non-Assignment. This Agreement shall not be assignable without prior written
consent of WCHD or NCFM, whichever is the non-assigning party.
12. Termination. Either party may terminate this Agreement for cause, upon ten (10)
days written notice, and for any reason, so long as thirty (30) days written notice of its intent to
so terminate is given to the other party. If this Agreement is so terminated, WCHD shall pay that
compensation to NCFM which duly reflects the amount not previously reimbursed for actual
services rendered to indigent women under the terms and provisions of this Agreement by NCFM
during the term of this Agreement, and pursuant to the terms and provisions of this Agreement.
Notwithstanding any provision to the contrary in this Agreement, if funds are no longer
available from the MCHS Grant to continue providing the services contemplated under this
Agreement, this Agreement shall be immediately terminated.
13. Notices. Any notice provided for in this Agreement shall be in writing and shall
be served by personal delivery, confirmed facsimile, or by certified mail, return receipt requested,
postage prepaid, at the addresses set forth in this Agreement, until such time as written notice of
a change is received from the party wishing to make a change of address. Any notice so mailed
and any notice served by personal delivery or confirmed facsimile shall be deemed delivered and
effective upon receipt or upon confirmed delivery. This method of notification will be used in all
instances, except for emergency situations when immediate notification to the parties is required.
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NCFM: North Colorado Family Medicine
do Mark Wallace, M.D.
1650 16th Street
Greeley, Colorado 80631
FAX:
WCHD: Weld County Department of Health
c/o Judy Nero
1517 16th Avenue Court
Greeley, Colorado 80631
FAX: (970) 356-8343
14. Modification and Breach. This Agreement contains the entire Agreement and
understanding between the parties to this Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment, novation, renewal, or other alteration of or to this Agreement and the attached
exhibits shall be deemed valid or of any force or effect whatsoever, unless mutually agreed upon
in writing by the undersigned parties. No breach of any term, provision, or clause of this
Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing
and signed by the party claimed to have waived or consented. Any consent by any party hereto,
or waiver of, a breach by any other party, whether express or implied, shall not constitute a
consent to, waiver of, or excuse for any other different or subsequent breach.
15. Severability. If any term or condition of this Agreement shall be held to be
invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original intent of
the parties.
16. Funding. No portion of this Agreement shall be deemed to create an obligation
on the part of the County of Weld, State of Colorado, or WCHD to expend funds not otherwise
appropriated during the term of this Agreement.
17. No Third Party Enforcement. No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may possess, nor
shall any portion of this Agreement be deemed to have created a duty of care with respect to any
person not a party to this Agreement.
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 tot he
undersigned parties, and nothing contained in this Agreement shall give or allow any claim or
right of action 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 have hereunto set their hands and seals t is 13th
day of .Tanuary , 1999, nunc pro tunc August 31, 1998.
NORTH COLORADO AMILY MEDIC E NORTH COLORADO MEDICAL CENTER
AW`hn1 � / ivy
Mark Wallace, A. ., M.P.H. or �uu� ekc L,. Oq I
ChicI Execnhve rer
,15 fq /n/71
Date Date
WELD COUNTY HEALTH DEPARTMENT
S. Pickle, M.S.E.H.
irector
//74'
Date
BOARD OF COUNTY COMMISSIONERS ATTEST:
WELD COUNTY, C LO DO Weld Cou er to +� ' a4''
rr
By. � / r ,� ,
Chair , Dale K. Hall Deputy Clerk to the Board . . 7 ,,q
January 13. 1999 -
Date
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TO: Board of County Commissioners for Weld County,
Colorado
WI FROM: Cyndy Giauque, Assistant Weld County Attorney
DATE: January 8, 1999
COLORADO
RE: Agreement for Prenatal Services between the Weld County
Health Department and North Colorado Family Medicine
The Weld County Health Department(WCHD) has been awarded a grant for Maternal and Child
Health Services from the Colorado Department of Public Health and Environment(CDPHE).
The grant is for approximately $100,000 to provide prenatal services, and appropriate follow up
services, such as family planning, to indigent women who do not qualify for medicaid or other
assistance programs.
The WCHD reached an agreement with North Colorado Family Medicine (NCFM) to perform
part of the services designated by the grant, and to pay for the services performed by NCFM
from the grant moneys.
John Pickle plans to be present to answer questions.
1)7ODgIo
Western Plains
Health Network
January 6, 1999
Ms. Judy Nero
Weld County Health Department
Dear Ms. Nero:
Enclosed please find two (2) partially executed Agreements Concerning
Prenatal Care with NCMC/North Colorado Family Medicine. When
signatures have been obtained by the WCHD/Weld County officers, please
forward one original agreement to my attention at:
Western Plains Health Network
Contract Management
1801 16th Street
Greeley, CO 80631
Thank you for your assistance in this process. Please feel free to call me at
350-6190 with any further questions.
Sincerely,
jay lic (. y 11 u
Jody Leonnig
Contract Management Assistant
Enclosures
1801 16th St.
Greeley,CO 80631
(970)350-6190 Fax(970)350-6644 CM
A division of Lutheran Health Systems
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