HomeMy WebLinkAbout20250020.tiffResolution
Approve Diagnostic Services Agreement for Tuberculosis Control Program and
authorize Chair to sign — Banner Health, dba Banner North Colorado Medical Center
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 a Diagnostic Services Agreement for the
Tuberculosis Control Program between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department
of Public Health and Environment, and Banner Health, dba Banner North Colorado
Medical Center, commencing January 1, 2025, and ending December 31, 2027, 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 Diagnostic Services Agreement for the Tuberculosis Control Program
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Health and
Environment, and Banner Health, dba Banner North Colorado Medical Center, 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 Board of County Commissioners of Weld County, Colorado, adopted the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 6th day of January, A.D., 2025, nunc pro turn January 1, 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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O1 /2°1 /25
2025-0020
HL0058
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: TUBERCULOSIS CONTROL PROGRAM DIAGNOSTIC SERVICES AGREEMENTS
DEPARTMENT: PUBLIC HEALTH AND ENVRIONMENT DATE: DECEMBER 12, 2024
PERSON REQUESTING: JASON CHESSHER, EXECTUIVE DIRECTOR
SHAUN MAY, PHS DIVISION DIRECTOR
Brief description of the problem/issue:
This pass -around includes two agreements to provide diagnostic imaging services for the Tuberculosis (TB)
Control Program:
1. Banner North Colorado Medical Center in Greeley, CO, will provide the technical component, which
includes conducting the chest X-ray procedures using qualified personnel, equipment, and materials.
2. Banner Imaging Services Colorado, LLC at two locations in Loveland, CO (Skyline and McKee Clinics),
will provide both the technical component (performing the imaging) and the professional component,
which involves interpretation and reporting of the X-ray results by a licensed radiologist.
These agreements ensure timely and comprehensive imaging services to support early detection, accurate
diagnosis, and effective management of TB for designated patients.
What options exist for the Board?
1. Approve the agreements to ensure timely and comprehensive diagnostic imaging services for the
Tuberculosis Control Program.
2. Request modifications to one or both agreements before approval.
3. Decline to approve the agreements.
Consequences:
1. If Approved: Designated patients will have access to essential chest X-ray services to support TB
diagnosis and management. Timely access to these services will enhance program effectiveness
and ensure compliance with grant deliverables.
2. If Not Approved: Delayed access to imaging services could hinder program effectiveness, result in
poorer health outcomes, and jeopardize current and future grant funding for the TB Control
Program.
Impacts:
These -agreements improve access to -essential diagnostic services for individuals with-limited--or-no
access to healthcare, ensuring timely TB diagnosis and effective disease management.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Annual costs will align with program utilization rates and approved budget allocations. Activities will be
conducted by current staff; no additional FTE is being requested.
Recommendation: I recommend approval to place these agreements with Banner North Colorado Medical
Center and Banner Imaging Services Colorado, LLC on a future BOCC agenda for formal consideration.
Please note that there are multiple imaging agreements for similar services being brought forward to the
Board. This is because each provider required a separate agreement rather than a single umbrella agreement
which has been used in years past.
2025-0020
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro -Tern
Mike Freeman
Scott K. James
Kevin D. Ross , Chair
Lori Saine
Docusign Envelope ID: 173BF815-5O1O-46Fo-915E-8553917E4EDC
DIAGNOSTIC SERVICES AGREEMENT
FOR TUBERCULOSIS CONTROL PROGRAM
(0314-03-219021)
This Diagnostic Technical Services Agreement for Tuberculosis Control Program (the
"Agreement") is entered into as of the signature dates set forth below, to be effective as of January 1, 2025
("Effective Date"), by and between the County of Weld, State of Colorado, by and through the Board of
Commissioners of Weld County, on behalf of the Weld County Department of Public Health and
Environment ("WCDPHE") and Banner Health d/b/a Banner North Colorado Medical Center, an Arizona
nonprofit corporation ("Banner") (individually, the "party" and collectively, the "parties").
RECITALS:
A. WCDPHE provides certain community health services and as part of such services requires
certain medical services, including diagnosticAmaging radiology services to be provided to
patients who qualify for certain health services programs offered by WCDPHE (the
"Designated Patient(s)" under the Tuberculosis Control Program (the "Program");
B. Banner operates North Colorado Medical Center, an acute care hospital facility located in
Greeley, Colorado with a hospital outpatient department Imaging Services -North Colorado
Medical Center located at 2001 70th Ave., Ste 102, Greeley, CO 80634 (together the
"Hospital");
C. Banner provides the technical component of diagnostic imaging/radiology services (the
"Technical Services") at the Hospital;
D. WCDPHE has a separate agreement with Radiology Imaging Associates, P.C. ("RIA") to
provide the professional component of those certain imaging/radiology mammography services
(the "Professional Services") for the Designated Patients at the Hospital;
E. Payments for the Professional Services provided by RIA to the Designated Patients is addressed
via WCDPHE's separate agreement with RIA; and
F. WCDPHE desires to engage Banner to provide the technical component of the diagnostic
imaging/radiology services for the Designated Patient(s) of the Program and Banner desires to
be so engaged, in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the
parties hereby agree as follows:
AGREEMENT:
1. Banner's Responsibilities.
1.1 Provision of Technical Services. Upon presentation of a voucher as set forth on (Schedule B)
attached hereto and incorporated herein by this reference, and if required, an order of an
appropriately licensed physician (employed or otherwise contracted to provide services to
WCDPHE), Banner shall provide the technical component of such diagnostic
imaging/radiology services (the "Technical Services") to the Designated Patient(s) as set forth
on ("Schedule A"), for Two (2) View Chest X- Rays, for the Tuberculosis Control Program,
attached hereto and incorporated herein by this reference. Banner shall supply all qualified
personnel, materials, and equipment necessary to provide the Technical Services.
1.2 Results. Banner shall prepare or cause to be prepared written or electronic reports in medical
terminology with respect to all Technical Services. Banner shall, upon request by a treating
physician at WCDPHE, provide test results and formal recommendations to WCDPHE within
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Docusign Envelope ID: 173BF815-5D1D-46FQ915E-8553917E4EDC
seven (7) days after test completion. Otherwise, Banner shall provide WCDPHE with that
amount of information concerning the program participant as is necessary for WCDPHE to
make payment for the Technical Services provided.
2. WCDPHE's Responsibilities. WCDPHE shall determine the eligibility of the Designated Patients and
shall provide appropriate information to Banner in order for Banner to provide the Technical Services
to the Designated Patients. Further, WCDPHE shall provide information for the Designated Patients
to schedule the Technical Services through Banner's Central Scheduling Department by calling 970-
810-2007.
3. Compensation. WCDPHE agrees to compensate Banner for the Technical Services at the rate of one
hundred percent (t00%) of the allowable payment for each type of diagnostic/imaging radiology
service provided to a Designated Patients, based upon Schedule A for Two (2) View Chest X -Rays,
in effect at the time the Technical Services are performed.
3.1 Funds Availability. Financial obligations of WCDPHE payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Execution of this Agreement by WCDPHE does not create an obligation on the part
of WCDPHE to expend funds not otherwise appropriated in each succeeding year.
4. Billing. Banner shall submit invoices monthly to WCDPHE for Technical Services provided to
Designated Patient(s). WCDPHE shall pay such invoices within thirty (30) days following the month
in which the Technical Services were rendered. Banner agrees that Banner shall not, under any
circumstances, bill any Designated Patient(s) or third -party payer for the Technical Services provided
pursuant to this Agreement.
5. Term and Termination. The term of this Agreement shall begin on the Effective Date and shall
continue through December 31, 2027. The term may be extended upon mutual written agreement of
the parties. This Agreement may be terminated by either party at any time without cause and without
penalty by giving the other party at least ten days' prior written notice.
6. Insurance. During the term of this Agreement, each party agrees to secure and maintain in force,
liability insurance with coverages of reasonably appropriate types and amounts. Each party agrees to
produce upon request of the other party certificates of insurance evidencing such coverage.
7. Mutual indemnification. As permitted under Colorado law, each party shall indemnify and save
harmless the other party for, from and against all actions, liabilities, losses, damages, claims and
demands whatsoever, including costs, expenses and attorneys' fees, resulting, or claimed to have
resulted solely from any intentional or negligent acts or omissions of the indemnifying party or its
employees, subcontractors or agents engaged in the work under this Agreement at the time of the event
or occurrence upon which such actions, claims or demands are based.
8. Confidentiality and Nondisclosure. WCDPHE acknowledges that WCDPHE may have access to
confidential and proprietary information of Banner (the "Proprietary Material") through Banner's
performance of the Technical Services for WCDPHE. WCDPHE will keep confidential all Proprietary
Material by exercisine the same deeree of care toward such material as WCDPHE does with respect
to its own confidential and proprietary information of like importance, but, in any case, using no less
than a reasonable degree of care. WCDPHE will not disclose, distribute, publish, transmit, transfer or
disassemble the Proprietary Material or use the Proprietary Material for its own or any other party's
benefit, except in furtherance of its obligations under this Agreement. WCDPHE will limit access to
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Docusign Envelope ID: 173BF815-5D1D-46Fo-915E-8553917E4EDC
Banner's Proprietary Material to only those individuals who need to know such information for
carrying out WCDPHE's obligations hereunder. WCDPHE will ensure that its personnel, agents,
consultants and representatives who are given access to the Proprietary Material will be bound by and
comply with the terms of this Agreement. The nondisclosure provisions of this Agreement will be in
effect during the term of this Agreement and will survive termination, and WCDPHE's duty to hold
the Proprietary Material in confidence will remain in effect until the Proprietary Material no longer
qualifies as confidential information or a trade secret under applicable law. For purposes hereof, the
Proprietary Material includes, but is not limited to, documents, records, reports, data, patient health
information, demographic information, plans, concepts, ideas, processes, procedures, policies,
designs, discoveries, inventions, marketing plans, methodologies, specifications, and other business
information relating to Banner's business, assets, operations or contracts, regardless of whether such
information has been expressly designated as confidential or proprietary. The Proprietary Material
may be provided in written, oral, electronic or other fore. The Proprietary Information will not include
any information that (a) is now or becomes generally known or available to the public through no fault
of WCDPHE; (b) was known by WCDPHE before receipt from Banner without any obligation of
confidentiality; (c) is rightfully obtained by WCDPHE from a third party without breach of any
obligation to the disclosing party; or (d) is independently developed by WCDPHE without use of or
reference to any of the Proprietary Material.
9. Independent Contractor Status. Nothing in this Agreement creates an employer -employee
relationship, partnership, franchise, joint venture or agency relationship between the parties, and
WCDPHE will not represent to any third party that any such relationship exists. Banner has and will
retain the right to exercise full control and supervision of the Technical Services, and full control over
the employment, direction, compensation and discharge of all personnel assisting Banner in the
performance of the Technical Services. Banner will be solely responsible for the payment of all social
security, self-employment, federal, state and local income taxes, disability insurance, workers'
compensation insurance, fees, licenses and any other statutory benefits provided to its personnel.
10. Retention and Inspection of Records. All records related to this arrangement will be kept on file by
WCDPHE for a period of four years from the date the record is made or such longer period of time as
may be required by applicable law. Upon reasonable prior notice, WCDPHE will give Banner, or its
authorized representative, and any relevant regulatory agency the ability to inspect, examine, and
audit, during normal business hours, such of WCDPHE's business records as are relevant to this
Agreement. The cost of any Banner inspection, examination, and audit will be at the sole expense of
Banner.
11. Assignment. This Agreement may not be assigned by either party without the prior written consent
of the other party. If consent to an assignment is obtained, this Agreement is binding on the assigns
of the parties to this Agreement. Notwithstanding anything to the contrary in this Agreement, Banner
may assign or otherwise transfer its interest under this Agreement to any "related entity" without the
consent of the other party. For the purposes of this Section, a related entity will be deemed to include
a parent, subsidiary, any entity that acquires all or substantially all of Banner's assets or operations
relating to this Agreement, and the surviving entity of any merger or consolidation involving Banner.
12. Corporate Authority. Each party represents and warrants that the individual executing this Agreement
on behalf of such party is duly authorized to execute and deliver this Agreement on behalf of such
corporation, person, firm, partnership or other entity and that this Agreement is binding upon such
entity in accordance with its terms.
13. Force Maieure. Neither party will be liable for any delay in performance or any failure in performance
caused in whole or in part by reason of force majeure, which will be deemed to include the occurrence
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Docusign Envelope ID: 173BF815-5D1D-46F0-915E-8553917E4EDC
of any event beyond the control of the parties, including, without limitation, war (whether an actual
declaration thereof is made or not), sabotage, insurrection, riot and other acts of civil disobedience,
action of a public enemy, laws, regulations or acts of any national, state or local government (or any
agency, subdivision or instrumentality thereof), judicial action, accident, fire, explosion, flood, storm
or act of God.
14. Counterparts. This Agreement may be executed in one or more copies or counterparts, each of which
when signed will be an original, but all of which together will constitute one instrument. Signatures
submitted via telecopy or electronic signature will have the same force and effect as original signatures
and, as such, will be valid and binding upon the parties hereto.
15. Governing Law. This Agreement will be governed by the internal substantive law of the State of
Colorado, without regard for the conflict of law principles thereof.
16. Notice. Any notice required to be given under this Agreement will be in writing, and will be deemed
delivered to the party to whom the notice is sent (a) when personally delivered, (b) one business day
after the same is sent by overnight delivery service, or (c) three days after the same is sent by certified
mail, postage prepaid, addressed to such party at the address that follows or to such other address as
such party may hereinafter designate in writing:
Intended to Banner: Banner Imaging Technical Services Colorado, LLC
2901 N. Central Ave., Suite 160
Phoenix, AZ 85012
Attn: VP, Ambulatory Technical Services
With a copy to: Banner Health
2901 N. Central Avenue, Suite 160
Phoenix, AZ 85012
Attn: General Counsel
Intended to WCDPHE: WCDPHE
1555 N. 17. Ave.
Greeley, CO 80631
Attn: TB Control Coordinator
17. Governmental Immunity: No term or condition of this contract shalt be construed or m a waiver,
express or implied, of any the immunities, benefits, protections or other provisions, of the Colorado
Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
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Docusign Envelope ID: 173BF815-5D1D-46F0-915E-8553917E4EDC
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the
Effective Date.
Banner Health d/b/a Banner North Colorado Medical Center
By: iLst.c. &ells
Alan Qualls
Chief Executive Officer
Signature Date: December 13, 2024 I 1:55 PM MST
ATTEST: W.,ided ..dto; ti
Weld County lerk to the Board
BY:
puty Clerk to the Boa
s
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
erry L. B • , Chair JAN 0 6 2025
2025-0020
Docusipn Envelope ID: 1730F815-501D-46F0-915E-8553917E4EDC
SCHEDULE A
SERVICES
Listed below are the procedures that are included under this Agreement:
Two view Chest X-ray
CPT 71046
Rates for Hospital to be CPT Code 71046 Chest X-ray (TC) = $118.40.
6
Docusign Envelope ID: 1738F815 -5D1 D-46F0-915E-8553917E4EDC
SCHEDULE B
SAMPLE VOUCHER
7
Docusign Envelope ID: 173BF815-5D1D-46F0-915E-8553917E4EDC
WELD COUNTY DEPARIMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue. Greeley, CO 80631 www.weidhealih.org
Radiology Service Voucher
This voucher is fnr the following patient who has been confirmed as eligible for:
Women', Wellness Connection Program ri fR Program
Patient: Please present thic voucher, as well as any other paperwork given to you, as you arrive fnr your
radiology appointment to ensure proper billing. Your appointment is scheduled at,
Al tiegor a su cl+u pnr/urnr pre.senre es[e rupdn y oMos dnrumvnlur race+mint enlrepudas �+ usied r.+ra nsvturnr fa
❑ Summit View Medical Commons
200170" Avenue, Greeley, CO 80634
(970) 810.6070
Appointment date time;
!echo de !a eifn
Patient's name:
Nnmhrr def paclrnre
o North Colorado Medical Center
1801 16m Street, Greeley, CO 80631
0970)810-4121
Patient's Date of Binh:
Covered service for this visit:
Se,. emblem rwro efte the
•A11 other services will require prior autboriurlluo.
rodex own sestet re',leen suluriractdn prevla.
NOTE: This voucher ezp/re.s 60 days after date of Igoe.
kill! date: Authorized Signature:
hwT•isf Provider: ulethc bill N'eid County rs an insurance for the above listed service only •
Weld County Dcparimem of Public Ilealth
Ater Contract Billing
1555 North 17th Avenue, Greeley, CO 8.31
IfI f you hour set} quatuN+N or rretJ to reghedulu, please call (9761 04 •aJ2U.
tuvrdr/enfntkr :1,7rrrnrnarn•rrrrruo 1,11 : rinrra. purjnurlhuwe.O7013o4642o
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8
tvtllettsn>r
Revised I I/2016
ontract For
Entity Information
Entity Name*
BANNER HEALTH
Entity ID*
@00013111
❑ New Entity?
Contract Name* Contract ID
TUBERCULOSIS CONTROL PROGRAM DIAGNOSTIC 8969
SERVICES AGREEMENTS NCMC
Contract Status
CTB REVIEW
Contract Lead*
NSTRIGHT
Contract Lead Email
nstright@weld.gov
Contract Description*
TUBERCULOSIS CONTROL PROGRAM DIAGNOSTIC SERVICES AGREEMENTS
Contract Description 2
Contract Type* Department
AGREEMENT HEALTH
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department Email
CM-Health@weld.gov
Department Head Email
CM-Health-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
01/06/2025
Parent Contract ID
Requires Board Approval
NO
Department Project #
Due Date
01/02/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
11/01/2025
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2025
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JASON CHESSHER CHERYL PATTELLI BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/18/2024 12/18/2024 12/18/2024
Final Approval
BOCC Approved Tyler Ref #
AG 010625
BOCC Signed Date Originator
NSTRIGHT
BOCC Agenda Date
01/06/2025
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