Loading...
HomeMy WebLinkAbout952284.tiff RESOLUTION RE: APPROVE ANCILLARY SERVICES AGREEMENT BETWEEN AMBULANCE SERVICE AND COLORADO ACCESS 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 Ancillary 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 Ambulance Service, and Colorado Access,with 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 Ancillary 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 Ambulance Service, and Colorado Access 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 6th day of November, A.D., 1995. BOARD OF COUNTY COMMISSIONERS W�UNTY, C•LORADO i�""""��-�`^.. ='a ► / ' t Dale K. Hall, Chairman , WA Court Clerk to the Board i ' ' FXCIISM IIATF nF SIANINr (AYF1 '' , 4 cD _i Barbara J. Kirkmeyer, ro-Tem ` Deputy Cler �t the Board ��� 'r-- ' 'Geo e4. Baxter APP D AS TOrt. I 2-5 -74:-r.e--64. .:Zeate- Constannce L. Harbert ntyAt ey (/ /0. % //,a ,, %r i W. H. Webster 952284 AM0009 _ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 6 WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 915 TENTH STREET W� C• P.O 1948 Q GREELEY, COLORADO DO 80632 COLORADO March 19, 1996 LETTER TO THE FILE RE: Contract for Ambulance Services with Colorado Access The Board previously considered and approved by Resolution in November, 1995, a contract known as the Ancillary Services Agreement between the ambulance service and Colorado Access. The Agreement that was considered and approved had been submitted by FAX, with the hard copy to follow. The terms and provisions that were approved were not accurately reflected in the hard copy that was submitted for signature. For example, the amounts that were to be paid were incorrectly stated in the final document. There were other discrepancies in the final document, which resulted in several proposed "final documents" being sent back and forth between Weld County and Colorado Access. Finally, there was a meeting between representatives of the ambulance service and Colorado Access, and an agreement was reached concerning the format of the final document. The attached agreement accurately reflects the provisions and dollar amounts that the Board previously approved in the November Resolution, although the title and format in the agreement have been changed. Cyndy iauqu U ColoradoA.cc ess r 1 A•a4F ran/rv,n—Nupfe Jeu Mw April 19, 1996 Gary M. McCabe, Director Weld County Ambulance Service 1121 M Street Greeley, CO 80631 Dear Gary: Enclosed is your copy of the executed Ambulance Service Agreement between Colorado Access and Weld County Board of County Commissioners, on behalf of the Weld County Ambulance Service. We will be pleased to answer any questions or address any concerns you may have, and invite you to call Shelli Dore in our Provider Relations Department at either 800/511-5010 or 303/333-8900 at your convenience. We look forward to a successful and mutually beneficial long-term relationship with you. Sincer David Hlavac Dir. of Business&Network Development Enclosure 600 S. CHERRY STREET,SUITE 325,DENVER,CO 80222.303/333-8900. 1-800/511-5010•FAX 303/333-7145 COLORADO ACCESS AMBULANCE SERVICES AGREEMENT a This Agreement is entered into this y day of , 199 , by and between COLORADO ACCESS, a Colorado non-profit corporation (`COLORADO ACCESS"), and Weld County Board of County Commissioners, on behalf of the Weld County Ambulance Service ("WCAS"), located at 1121 M Street, Greeley, Colorado 80631. WITNESSETH: WHEREAS, COLORADO ACCESS is engaged in the business of providing or arranging for pre-paid health care services to Members in Colorado and has a Colorado Medical Assistance Program Contract with the Department of Health Care Policy and Financing (the "Department"); and WHEREAS, COLORADO ACCESS wishes to engage the services of WCAS to provide Covered Services as defined in Appendix A to its commercial, Medicare and Medicaid Members; and WHEREAS, WCAS has the necessary credentials and is willing and able to provide Advanced Life Support ("ALS"), Basic Life Support("BLS"), and Non-Emergent transportation services to COLORADO ACCESS Members; and WHEREAS, WCAS is willing to provide the services desired by COLORADO ACCESS under the terms and conditions hereinafter set forth; NOW THEREFORE, in consideration of the above premises and the mutual covenants of the parties, it is agreed as follows: 1. DEFINITIONS. The terms used in this Agreement shall have the meanings defined in Appendix A to this Agreement. 2. TERM AND RENEWAL. This Agreement shall be effective for one (1) year from the date first above written and thereafter shall continue in effect from year to year unless terminated by either party pursuant to the terms of this Agreement. 3. WCAS SERVICES. A. Provider Credentialing. All health care professionals employed, retained or used by WCAS must be licensed or otherwise authorized by law to provide health care related services in the State of Colorado. WCAS shall at all times comply with the requirements of Weld County Ordinance 77-C, or its successor, a copy of which is attached hereto and incorporated herein, which requires that documentation of the certification of all health care 1 professionals employed, retained or used by WCAS be kept current with the County. The parties acknowledge that a current permit to operate an ambulance service in Weld County is reliable evidence that WCAS has complied with the requirements of Weld County Ordinance 77-C, or its successor. B. Services. WCAS agrees to provide appropriate emergency services and other Covered Services to Members, as hereinafter set forth in this Agreement. Non-emergent services shall be provided upon proper referral authorized by COLORADO ACCESS. (a). Ouality of Services. WCAS shall provide such services in the same manner, in accordance with the same standards, and within the same time availability, as offered its other patients. WCAS shall comply with all non-medical policies and procedures established by COLORADO ACCESS, including, but not limited to, those applicable to ALS, BLS, and non-emergent transportation services, quality/utilization management and cost containment programs, in a manner which is consistent with sound medical practice. C. Referrals and Approval by Colorado Access. (a). Non-Emergent Services. Any and all non-emergent transportation services for which COLORADO ACCESS is responsible for payment must be documented and referred to COLORADO ACCESS via phone, fax or mail for approval by COLORADO ACCESS prior to provision of such service. (b). Emergency Services. Emergency services provided by WCAS shall not require approval from COLORADO ACCESS prior to rendering services. WCAS shall notify COLORADO ACCESS within 24 hours, or as soon thereafter as is practical, of all emergency services provided to COLORADO ACCESS Members. D. Service Standards and Performance Guarantees. (a). Service Standards. WCAS shall adhere to the following specified service standards for non-emergent services: (1). Telephone Calls. All telephone calls for ALS and BLS services, as well as for non-emergent services will be received from the 911 telephone system, which is available 24 hours per day. (2). Prior Authorization for Non-Emergent Services. Non-emergent transport services which are ordered by the COLORADO ACCESS Physician or Case Manager shall be confirmed prior to the delivery of such services by WCAS. (3). Good Faith Effort to Provide Timely Non-Emergent Services. Every effort shall be made to provide non-emergent services at the scheduled time; however, in 2 no event shall the provision of such non-emergent services be delayed beyond the scheduled time by more than two (2) hours, without promptly notifying the COLORADO ACCESS Physician or Case Manager. The COLORADO ACCESS Physician or Case Manager will be notified, in any case, if the delivery of any non-emergent service will be delayed beyond the scheduled time. WCAS shall be able to schedule or provide all non-emergent transports within 24 hours of referral except as otherwise arranged with the COLORADO ACCESS Physician or Case Manager. COLORADO ACCESS acknowledges that non-emergent transports cannot be accommodated when all available ambulances are in use or on reserve for emergency services. (4). Compliance with Written Protocols and Standard Operation Procedures. Emergency services shall be provided to COLORADO ACCESS Members in compliance with the written protocols and standard operating procedures of WCAS. E. Complaints. Complaints shall be responded to by WCAS in a timely manner. Written response to a complaint or service inquiry, communicated either orally or in writing by COLORADO ACCESS, or a COLORADO ACCESS patient, physician or staff member, shall be made within 10 business days of receipt of such complaint. Records of all complaints received by WCAS from COLORADO ACCESS, or a COLORADO ACCESS Member, physician or staff member, will be kept on file until such time that COLORADO ACCESS no longer requires that such records be kept, or six (6) years, whichever sooner occurs. F. Grievances. WCAS agrees to participate in and be bound by the grievance procedures adopted by COLORADO ACCESS pursuant to state or federal requirements, effective on the date of execution of this Agreement, or as hereafter amended, after notification by COLORADO ACCESS of such amendment, pursuant to the provisions for modification set forth hereinafter. 4. COMPENSATION. A. Billing for Services. WCAS shall bill COLORADO ACCESS for Covered Services rendered by WCAS to Members. WCAS shall bill Members or the appropriate fiscal agent directly for any non-covered services rendered to Members at the Claims Address set forth in the Provider Manual as defined in Appendix A, and provided to WCAS. (a). Rates and Fees for Services. WCAS shall bill COLORADO ACCESS for such Covered Services at the rates and fees described in Appendix B, such amounts to be accepted by WCAS as payment in full for the rendition of said services. The billing statement shall include detailed and descriptive medical service and patient data and identifying information. (b). Payment for Services. COLORADO ACCESS agrees to make payment in full to WCAS within forty-five (45) days after receipt of a"clean" billing statement, as defined in Appendix A, or to provide WCAS with a written request for additional information within forty- 3 five (45) days after receipt of an inaccurate or insufficient billing statement. Based on the response to said request, COLORADO ACCESS may either deny the claim or make payment in full to WCAS within forty-five (45) days after receipt of the subsequently issued"corrected" billing statement. (c). Limitation of Billing. WCAS shall present COLORADO ACCESS with the billing statement within six (6) months from the date of rendition of Covered Services to Members. Failure to submit the "clean" billing statement within the specified six (6) months from the date of rendition of Covered Services will result in automatic denial of the claim. B. Members Not Responsible for Payments for Covered Services. WCAS agrees that in no event, including but not limited to non-payment by COLORADO ACCESS, insolvency of COLORADO ACCESS or breach of this Agreement, shall WCAS bill, charge, collect a deposit from, seek compensation, remuneration or reimbursement from, or have any recourse against a Member or persons (other than COLORADO ACCESS) acting on Member's behalf for services provided pursuant to this Agreement. This provision does not prohibit WCAS from collecting supplemental charges or co-payments or fees for uncovered services delivered on a"fee-for-service" basis to Members. (a). Survival of this Provision. WCAS agrees that this provision 4B. shall survive the termination of this Agreement, for authorized services rendered prior to the termination of this Agreement, regardless of the cause giving rise to termination and shall be construed to be for the benefit of Members. This provision 4B. is not intended to apply to services provided after this Agreement has been terminated. (c). This Provision Supersedes any other Contrary Agreement. WCAS agrees that this provision 4B. supersedes any oral or written contrary agreement now existing or hereafter entered into between WCAS and Member or persons acting on Member's behalf insofar as such contrary agreement relates to liability for payment of services provided under the terms and conditions of this Agreement. (d). Modification of the Provision. Any modification, addition, or deletion to this provision 4B. shall become effective on a date no earlier than thirty (30) days after Colorado's Division of Insurance has received written notification of proposed changes. 5. RECORDS. (a). Medical Records. WCAS shall initiate and maintain legible, comprehensive and chronological medical records documenting each episode of service to Members and detailing, as appropriate, history, physical finding, assessments, and treatment plans. If a Member has executed an Advance Directive, and WCAS has been made aware of the Advance Directive, this shall be included as part of the Member's medical record. WCAS agrees to maintain Members' medical records in a form which is in accordance with the general standards applicable to such 4 books or record keeping. (b). Services Standards Compliance Records. WCAS agrees to provide access to any pertinent information to COLORADO ACCESS concerning WCAS's compliance with the above set forth services standards. Both WCAS and COLORADO ACCESS agree to develop report formats and data fields that will be mutually agreed upon. (c). Access to Pertinent Records. WCAS agrees to provide access to any pertinent information to COLORADO ACCESS upon request, so that COLORADO ACCESS may regularly survey Members to determine Members' satisfaction with the services provided by WCAS. (d). Confidentiality. COLORADO ACCESS and WCAS agree that medical records of Members shall be treated as confidential so as to comply with all federal and state laws and regulations regarding the confidentiality of medical records. 6. REPORTS. The following reports, subject to modification by COLORADO ACCESS at a later time, shall be provided to COLORADO ACCESS no later than the 10th of each month for services rendered during the previous month: (a). Classification, Distance and Cost Report: By patient name, Medicaid ID number or SSN, assessment or chief complaint, type of services authorized, date service request received, date services initiated, date services provided, type of transport, transport code/class, total number of miles transported, total costs of services; average distance and total cost of services for all patients. (b). No-Service Reports. Trip Reports to document by patient name, Medicaid ID number or SSN, the reasons for services not delivered. 7. QUALITY AND UTILIZATION MANAGEMENT. (a). Members' records. Subject to applicable federal and state laws regarding privacy and confidentiality requirements, WCAS shall make Members' records available to COLORADO ACCESS and its Quality Management ("QM") and Utilization Management ("UM") personnel. WCAS's obligations shall include, but not be limited to, (I) providing COLORADO ACCESS copies of all records pertaining to treatment of Members; (ii) allowing QM and UM personnel access to Members' records on WCAS premises during its regular business hours; and (iii)transmitting Members' records information by telephone to COLORADO ACCESS, for purposes of QM or UM. (b). Cooperation by WCAS. WCAS agrees to cooperate with COLORADO ACCESS in any Quality Management and Utilization Management that COLORADO ACCESS may be conducting, or other program of review being conducted by COLORADO ACCESS to 5 promote high standards of medical care and to control costs. WCAS's cooperation shall include, but not be limited to, providing access to such records as are necessary for the evaluation of the quality, appropriateness and timeliness of service performed under this Agreement; providing access to Members' medical records, as appropriate; providing access to the premises so that COLORADO ACCESS may inspect, monitor or otherwise evaluate the performance of WCAS's activities pursuant to this Agreement; and the like. All inspections, audits, or reviews of WCAS records or activities shall be conducted during regular business hours, and shall not unduly interfere with the performance of WCAS's activities. 8. GOVERNMENTAL REQUIREMENTS. (a). Records to be maintained for 6 years. WCAS shall maintain complete and accurate fiscal records, as well as medical records, applying solely to Members for whom WCAS has claimed and received payment. WCAS shall maintain such records as are necessary for the evaluation of the quality, appropriateness and timeliness of service performed under this Agreement. Said records will be made available for fiscal audit, medical audit, medical review, QM, UM, and other periodic monitoring upon request of authorized representatives of COLORADO ACCESS or authorized federal and state regulating agencies. Medical records or copies thereof shall be provided upon request of COLORADO ACCESS or authorized federal and state regulating agencies. WCAS further agrees to comply with requirements issued as a result of any such inspection or audit. In addition, WCAS shall maintain, for the Department's review, all written procedures, materials, data, systems and forms required by this Agreement. Said records shall be retained for a period of at least six (6) years after the starting date of the applicable retention period and further pending the resolution of any ongoing audit. (b). Access by Government to Records. Upon the request of authorized federal and state regulating agencies, WCAS shall, during normal business hours, provide access to WCAS's premises to inspect, audit, monitor or otherwise evaluate the performance of WCAS's activities pursuant to this Agreement. WCAS shall, upon request, make available staff to assist in the audit or inspection effort and provide adequate space on the premises to reasonably accommodate the state or federal personnel conducting the audit or inspection. All inspections or audits shall be conducted in a manner as will not unduly interfere with the performance of WCAS's activities. 9. MARKETING. WCAS agrees that COLORADO ACCESS may include WCAS address and telephone information in any and all lists of providers compiled by COLORADO ACCESS for its Members. COLORADO ACCESS may include WCAS in any and all marketing and advertising materials which have been pre-approved by WCAS. (a). No Material Incentives or Inducements. WCAS and/or its subcontractors are prohibited from providing material incentives unrelated to the provision of services pursuant to this Agreement as an inducement to enroll or disenroll Members. 6 10. NOTIFICATION TO RELOCATE. WCAS currently maintains its main office at the facility identified in the introductory paragraph of this Agreement, and also as set forth in Appendix C of this Agreement. WCAS provides emergency, as well as non-emergent services at all locations throughout Weld County where WCAS services are required. WCAS agrees to provide COLORADO ACCESS with written notice thirty (30) days in advance of a change in location of its main office. 11. INSURANCE. WCAS shall obtain and maintain such policies of liability and malpractice insurance as are necessary to adequately cover WCAS and its agents and/or employees against any claim for damages, personal injuries or death occasioned directly or indirectly in connection with the performance of any act or omission by WCAS, its agents and/or employees. The levels of such insurance shall be, at a minimum, in compliance with the requirements of the Colorado Statutes. Since Weld County Ordinance 77-C, or its successor, attached hereto and incorporated herein, requires all ambulance services licensed in Weld County to maintain such insurance, Weld County may present its Weld County ambulance permit as proof of compliance with the insurance coverage requirements of this Agreement. 12. DISPUTE RESOLUTION. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement, the parties shall use their best efforts to settle the dispute, claim question or disagreement. To do so, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty days, then, upon notice by either party to the other, disputes, claims, questions or differences shall be finally settled by arbitration in Denver, Colorado, in accordance with the then-applicable provisions of the Commercial Arbitration Rules of the American Arbitration Association and pursuant to the Colorado Uniform Arbitration Act, as amended from time to time, and judgment on such arbitration award may be entered in any court having jurisdiction. Each party shall bear its own expenses in connection with any arbitration, and the fees and expenses of the arbitrators shall be divided equally between the parties, provided, however, that if the arbitrators determine that the position of either party was without substantial merit or was taken in bad faith,they may require that party to bear all or any portion of the expenses of the other party and more than one-half of the fees and expenses of the arbitrators. A. Remedies for Failure to Meet Service Standards. WCAS agrees to perform the above stated service standards. If at any time, COLORADO ACCESS determines that WCAS is not performing adequately pursuant to the above stated service standards, COLORADO ACCESS shall so notify WCAS pursuant to the notice provisions in this Agreement. WCAS shall have thirty (30) days in which to correct the deficiency. If WCAS does not take steps to correct any deficiency within said thirty (30) days after notice has been given by COLORADO ACCESS, COLORADO ACCESS, at its option, may terminate this contract, pursuant to the terms of this Agreement. 7 B. Required Disclosures. WCAS shall notify COLORADO ACCESS in writing within five (5) calendar days following the occurrence of any of the following events: (a). WCAS's license, certification or other credentials necessary to provide Covered Services in the State of Colorado is suspended, revoked, terminated or subject to terms of probation or other restriction; (b). WCAS learns or reasonably should know that WCAS has become a defendant in any legal action, or is required to pay damages in any action by way of judgment or settlement, having to do with negligence or misconduct in providing services. (c). WCAS becomes the subject of any disciplinary action before the licensing board by which WCAS is licensed or a similar agency whose license or certification is required to operate. (d). WCAS lacks the capacity to continue business; (e). WCAS fails to maintain insurance coverage, or to replace coverage which is canceled or terminates, as prescribed in paragraph 11 hereof. C. Termination. (a). This Agreement may be terminated by either party upon providing written notice to the other party of its intent to terminate at least ninety (90) days in advance of such termination. (b). In the event either party seeks termination of the Agreement, that party shall provide ninety (90) days' advance written notice to the Department of Health Care Policy and Financing before terminating the Agreement. (c). Nonpayment for goods or services rendered by WCAS to COLORADO ACCESS shall not be a valid reason for non-compliance with the 90 day advance notice of termination. (d). Upon receipt by COLORADO ACCESS of a 90 day termination notice, COLORADO ACCESS may, if requested by WCAS, terminate the Agreement in less than ninety (90) days if COLORADO ACCESS is not financially impaired or insolvent. (e). Upon such termination, the rights of each party hereunder shall terminate, provided however, that WCAS completes treatment of Members receiving treatment at termination and COLORADO ACCESS makes the required payment to WCAS for all services performed in connection with such treatment. D. Immediate Termination. COLORADO ACCESS may terminate this Agreement immediately, upon written notice to WCAS, if: (a). WCAS violates any provision of this Agreement; (b). WCAS's license, certification, or other credentials necessary to provide Covered Services in the State of Colorado is revoked, suspended or restricted; (c). WCAS violates any of COLORADO ACCESS's Rules and Regulations as set forth in COLORADO ACCESS's Provider Manual as defined in Appendix A; (d). WCAS acts in such a way that undermines or may undermine the confidence of Members, potential Members or the public in COLORADO ACCESS or in the quality of care or service which Members receive; (e). Either party commits any act of bankruptcy, commences a voluntary action for 8 relief as a debtor under the United States bankruptcy laws or if any bankruptcy receivership, insolvency, reorganization, dissolution, liquidation or similar proceedings shall be instituted by or against said party and said party consents to or files such proceeding, or if either party generally fails to pay their debt as it becomes due; (f). Services WCAS is providing or failing to provide,jeopardizes the health, safety or welfare of Members. E. Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be sent by certified mail, return receipt requested, postage prepaid, to the parties hereto as follows: COLORADO ACCESS: Colorado Access Attn: Executive Director 600 South Cherry Street, Suite 800 Denver, Colorado 80222 WCAS: Weld County Ambulance Service Attn: Gary McCabe 1121 M Street Greeley, Colorado 80631 F. Orderly Transfer. WCAS agrees, in the event of termination of this Agreement, to cooperate with COLORADO ACCESS in the orderly transfer of Members being treated or evaluated. 13. GENERAL PROVISIONS. A. Compliance With Applicable Laws. WCAS agrees to recognize and abide by all local, state and federal laws, regulations and guidelines applicable to COLORADO ACCESS. B. Certifications. (A). WCAS certifies that (1) no federal appropriated funds have been paid or will be paid by or on behalf of COLORADO ACCESS to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract, and the extension, continuation, renewal, amendment, or modification of any contract, grant loan or cooperative agreement that utilizes federal funds and (2) if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the contractor shall complete and submit Standard Form-LLL, "Disclosure Form to 9 Report Lobbying", in accordance with its instructions. (B). WCAS further certifies, by submission of this Agreement, that(1) neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency and (2) where WCAS is unable to certify to any of the statements in this certification, WCAS shall attach an explanation to this Agreement. C. Assignment. Neither this Agreement nor any rights or obligations hereunder shall be assignable by WCAS without the prior written consent of COLORADO ACCESS, nor shall the duties imposed herein be subcontracted or delegated without the prior written approval of COLORADO ACCESS. COLORADO ACCESS or its assignee hereunder may, however, in any manner transfer or assign this Agreement to a parent corporation, or a subsidiary or affiliated corporation under its control. D. Statement of Ownership. WCAS shall, prior to the execution of this Agreement, provide COLORADO ACCESS with a statement of ownership in WCAS's company, including full disclosure of all individuals with a financial interest in WCAS's business. E. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof, and no modification or revision thereof shall have any force and effect unless the same is in writing and executed by the parties hereto. The failure of any party to insist on the strict performance of any condition, promise, agreement, or undertaking set forth herein shall not be construed as a waiver or relinquishment of the right to insist upon strict performance of the same condition, promise, agreement or undertaking at a future time. F. Severability. If any provision of this Agreement or portion thereof is declared invalid or unenforceable, the remaining provisions shall nevertheless remain in full force and effect. G. Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. H. Parties Relationship. The relationship of WCAS to COLORADO ACCESS is that of an independent contractor. No work, act, commission or omission of any party, its agents, servants or employees, pursuant to the terms and conditions of this Agreement, shall be construed to make or render any party, its agents, servants or employees, an agent, servant, representative or employee of, or joint venture with, the other party. In addition, due to the nature of this relationship, COLORADO ACCESS is not responsible for withholding any local, state and/or federal taxes which may be due with regard to WCAS's relationship with COLORADO ACCESS. WCAS acknowledges its responsibility to remit any and all taxes directly to the appropriate taxing authorities. 10 I. No Third Party Beneficiary Enforcement. It is expressly understood and agreed that, with the exception of Paragraph 4B.(a). of this Agreement, 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 action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties, that anyone receiving services or benefits under this Agreement, shall be deemed an incidental beneficiary only. J. Modification of Agreement. No part of this Agreement, including this paragraph, may be modified or amended except in writing signed by both parties, but COLORADO ACCESS may modify or amend this Agreement, effective immediately, when any State or Federal law, regulation or agency requires COLORADO ACCESS to make the modification or amendment, by sending written notice to WCAS, pursuant to the notice provisions of this Agreement. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the day and year first written above. BOARD OF COUNTY COMMISSIONERS Approved as to Form: WELD COUNTY, CO I RADO 'am1v •zfiii� i Ali A / F�pl�" 1 . irkmey,r, Chair / Br arker ' eld County Attorney WaW.4, rigunty er to the o.rs Ap oved-as to Substance: OR vAdtdr:#5 Deputy Clete o the Board . McCa:•, I rector Wel. County ' mbulance Service COLORADO ACCESS I By: . 0-A ' Z / Authorized Agent (Signature) toil/ ,-i Authorized Agent (Print) Title Date 11 APPENDIX A 1. Advance Directive: a written or oral statement made and witnessed in advance of serious illness or injury setting forth whether the individual wants medical personnel to provide, withhold or withdraw life-prolonging procedures, or designating another to make such treatment decisions for that person. 2. Ancillary Provider: a duly licensed physician, hospital, pharmacy, dentist or other licensed ancillary services provider who has entered into a written Ancillary Provider Agreement with COLORADO ACCESS, to provide Covered Services to Members. 3. Clean Billing Statement: a complete statement of billing that does not require any additional information in order for the claim to be processed. 4. Co-payment: the predetermined amount a Member must pay, whether stated as a percentage or a fixed dollar, to receive a specific service or benefit. 5. Covered Services: medical services within the scope of WCAS's specialty to be provided to Members and covered under the applicable Prepaid Health Services Plan in which Member is enrolled. Non-emergent covered services shall be pre-authorized by COLORADO ACCESS. 6. Department: the Department of Health Care Policy and Financing. 7. Emergency Services: Medically Necessary services that are immediately required because of unforeseen illness or injury. Such services must be or appear to be needed immediately to prevent the death of the Member or serious impairment of Member's health. 8. Medically Necessary: appropriate and necessary services determined by COLORADO ACCESS which are rendered to a Member for any condition requiring, according to accepted principals of good medical practice, the diagnostic or direct care and treatment of an illness or injury and are not provided only as a convenience. 9. Member: each individual eligible for coverage and properly enrolled under the COLORADO ACCESS Plan. 10. Primary Care Provider or PCP: a duly licensed physician who has entered into a written Primary Care Provider Agreement with COLORADO ACCESS, through which such physician agrees to provide primary care covered services to Members. 11. Provider Manual: the Provider Manual in effect at the time of execution of the Agreement, and provided to WCAS prior to execution of the Agreement. Appendix A page two 12. Quality Management ("QM"): the program of quality management established by COLORADO ACCESS to assure the proper level and quality of care is provided including, but not limited to, COLORADO ACCESS's Provider Manual and Medical Practice Guidelines. The QM Program outlined in the Provider Manual and Medical Practice Guidelines may be changed by COLORADO ACCESS upon written notice to WCAS. 13. Utilization Management("UM"): a comprehensive program that promotes and maintains high quality care for all members through appropriate allocation of medical resources in the most cost-effective manner. The UM program outlined in the Provider Manual and Medical Practice Guidelines may be changed by COLORADO ACCESS upon written notice to WCAS. APPENDIX B Colorado Access FEE SCHEDULE All payments will be made based upon a completed HCFA 1500 claim form. The clean claim form should be received within forty-five (45) days of the patient encounter. A clean claim must include a copy of the referral, if applicable, specialist reports and associated charges. Should the claim form be received after six (6) months of the patient encounter, COLORADO ACCESS will not be responsible for payment. All claims will be paid within forty-five (45) days after receipt of the clean claim form. WCAS will be paid based upon the following fee schedule: 1. At 90% of the current Medicaid allowable rates. The Current Medicaid Fee Schedule rates are as follows: Basic Life Support $74.89 Mileage 1.16 per mile ALS 117.21 Mileage 1.16 per mile Ambulance-non Emergency Trans 69.99 Mileage 1.16 per mile Wheelchair Transportation 11.52 one way Mileage 0.47 per mile Oxygen in Transport 10.30 one way Neonatal Transportation 117.21 Mileage 1.16 per mile WCAS Signature PA-A m(\A.(1.\PWCAS Printed Name r1/� '�� w .� kfgi.b• � . �� ti' ��fj4 � YY .T/:�i"T% �" s'g, 9-rarer"_-r Arc.c.r.. -ere +sr..ec a ynt,"./7"'^v, a a'•',7 li F y y ) 1_, 0 II ••43 it. j:1 CC 41 ci ��O �OV Z • m 14 1\ j`�'� W VI K u 11... i jJ , ; J „1', U ~O Z t. ; 's 5i W Z ii:It4-: e..,,, [`' W O\ 1 "� '. �. Z � Za co I cG vwcu z ' Q w L o • ¢ Qcu Q i ail J U T LLJ Z ' a - % = m a -,a', >3 Li) kF �' �a ~..I CO W W C O O U 9%i. i (`$H W W .a C7 O "IL, lv F3v. dl Z ¢ ¢ Q .p¢ �u, 3 e � �� 'I t " 1 rY �+ Q lD C7 'v /. W e 'l; H d 4-' Z a�i e z al tc Z O co L rf NI O t� a� 92 m w \1 I F \ , 'v U VWi cn H 3 2 O. ���11lYYYlll111jji '44/ ) I a J La aJ c� g 3 ,p � o �. � W J 3 W W .. , . 1-` riil 3 w z �4 >`' Mk sty p ¢ x a ce Iv I Z U o I , -i ��1/4% r r:.,4444 r p p )41. � t _ SFr4re; II t6Yas'^ .,r'MT",L°�'�".kC r.F"'.lTnr4:s�wi-�9 .�ek.�1g ../G�'..f�„°+ +a+' J✓' APPENDIX C FACILITY & PAYMENT INFORMATION FACILITY INFORMATION SHEET List all locations providing services included in this Agreement, and tax identification numbers if different (use additional sheets as necessary): Name: Weld County Ambulance Service Address: 1121 M Street - City, State, Zip: Greeley, CO 80631 Telephone: (970)353-5700 X3201 Fax: (970)353-5700 X3203 Name: Address: City, State, Zip: Telephone: Fax: • Name: - Address: City, State, Zip: • Telephone: Fax: (Organizations with multiple providers may attach copies of directories with above information noted) Federal Tax ID Number: 84-6000813 Medicaid Number: 06646038 Medicare Number: 64603 State Tax ID Number: 98-03551 Colorado Dept. of Health Certification Number: - (Provide copy of Certificate) Regulatory Agency Certification Name and Number DO YOU PLAN TO USE A BILLING COMPANY ? YES NO X MAKE CHECKS PAYABLE TO: Name: Weld County Ambulance Service Address: 1121 M Street City, State, ZIP: Greeley, CO 80631 SUBMIT THE FOLLOWING ADDITIONAL APPLICABLE INFORMATION WITH THIS CONTRACT: • General'Liability Insurance Carrier, Declaration of Insurance page detailing coverage type, limits of coverage and insured name. • Professional Liability Insurance Carrier, Declaration of Insurance page detailing coverage type, limits of coverage and insured name. • Copies of other facility licenses and/or certifications as appropriate • • org 4 95 amb-agr rev 1.96 Hello