HomeMy WebLinkAbout20142401.tiff RESOLUTION
RE: APPROVE DIAGNOSTIC SERVICES AGREEMENT FOR TUBERCULOSIS CONTROL
PROGRAM AND AUTHORIZE CHAIR TO SIGN - BANNER HEALTH, DBA 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 Weld County Department of
Public Health and Environment, and Banner Health, dba North Colorado Medical Center,
commencing upon execution of signature, and continuing until the first anniversary of the effective
date, 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 Weld County Department of Public Health and
Environment, and Banner Health, dba 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 above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: it4v
g a ademach r, hair
Weld County Clerk to the Board
1ELL.s41rbara Kirkmey r, Pro-Te
BY:
D- •f ty Clerk t• the Bo. I F .-`„'ti�� A USED
n P. Conway
AP ORM: -
�`�\��j ike Fre
ou ty Attorney
Date of signature:
Wil am . Garcia
2014-2401
CC; H'!-(ST/TG)9/g HL0044
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/WORK SESSION REQUEST
RE: Banner Imaging Contracts for Diagnostic Imaging/Radiology
DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: July 22, 2014
PERSON REQUESTING: Mark E. Wallace, MD, MPH, Executive Director
Brief description of the problem/issue:
Enclosed for the Board's review and approval are four contracts between Banner Health (Banner)
and 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).
With the approval of the Board, the Weld County Department of Public Health & Environment will
enter into four separate contracts with Banner to provide the technical component of diagnostic
imaging/radiology services (the taking of x-rays)to designated eligible patients referred to Banner by
the Health Department. Banner prefers one separate contract for each of our four programs that will
utilize these services. These include the Tuberculosis Control, Family Planning, Women's Wellness
Connection and Susan G. Komen Foundation programs. Specific services will include mammograms,
ultrasounds, hysterosalpingograms, and two-view chest x-rays. WCDPHE will reimburse Banner for
the technical services at the current Medicare rate in effect at the time the services are performed.
Each one-year contract has an effective date of July 21, 2014, and upon mutual written agreement
may be extended for additional one year terms.
Weld County Assistant County Attorney, Brad Yatabe, has reviewed these contracts and has
determined that the terms are acceptable.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
Declining these contracts will increase the costs for these services to "fee for service" rates which
would be cost prohibitive and add to the net county cost of providing these services to eligible
patients.
Approving the contract will allow WCDPHE to pay for the technical component of diagnostic
imaging/radiology at current year Medicare rates.
Recommendation: I recommend approval of these four contracts with Banner Health.
Approve Schedule
Recommendation Work Session Other/Comments:
Douglas Rademacher,Chair
Barb Kirkmeyer, Pro-Tern
Sean P. Conway
Mike Freeman
William F. Garcia
Esther Gesick
From: Barbara Kirkmeyer
Sent: Monday, July 28, 2014 9:17 AM
To: Commissioners
Cc: Mark Wallace; Bruce Barker; Don Warden; Barb Connolly; Esther Gesick
Subject: Fwd: Radiology Imaging Services Contracts
Attachments: image001.jpg; ATT00001.htm; 2014-07-22 Banner Imaging PassAround.docx;
ATT00002.htm; 2014-07-23 Advanced Medical Imaging PassAround.docx; ATT00003.htm
Guys
Given the urgency of these contracts they need to be on the agenda for Wednesday.
If you have any questions please let Mark know so he can get them answered.
Thanks
Barb
Have a great day
Begin forwarded message:
From: Mark Wallace<mwallace@co.weld.co.us>
Date:July 28, 2014 at 8:39:43 AM MDT
To: Barbara Kirkmeyer<bkirkmeyer@co.weld.co.us>
Cc:Jennifer Fuller<jfuller@co.weld.co.us>,Tanya Geiser<tgeiser@co.weld.co.us>
Subject: Radiology Imaging Services Contracts
Good morning Commissioner:
I'm forwarding two pass-around memos to you for your urgent consideration.The pass-around memos
are for the two components of imaging services: the first is with Banner Health for the technical
components of the services—four different programs (the actually taking of the x-ray) and the second is
with Advanced Medical Imaging Consultants (AMIC)for the professional component of the services—
the same four programs (the reading or professional interpretation of the result of the x-ray). AMIC is
the new radiology group with which Banner has contracted.
The reason I'm asking for your urgent consideration and approval to place on this Wednesday's agenda
is because Banner has begun to refuse to see patients (including Weld County employees seen at the
Medical Clinic) for these services. Banner gave us less than a 3 week notice of the need to renew the
agreements and change the professional contracts from their previous radiology provider to AMIC. We
did not expect patients to be turned away as the county attorney reviewed these agreements.
However, patients being screened for Tuberculosis and women undergoing breast cancer screening
were turned away last week and were told it was because the County had not signed the new
agreements. We received a call from Rose in the Medical Clinic indicating Banner had also turned away
employees who are apparently served under these imaging agreements.
AMIC has been easy to work with on getting the professional agreements ready for the Board. We were
originally told last week that if we made changes to the technical contracts it would take 4-6 weeks to
get those proposed changes to Banner attorneys and that patients would continue to be turned away
until the contracts were completely executed. Fortunately,we've found someone inside Banner Imaging
who has become an advocate for our patients and is working to get these agreements to Banner legal
today.
1
The delays in obtaining imaging services created by not having these signed agreements is not
acceptable and could adversely affect patient outcomes. I'd like these agreements to be placed on this
Wednesday's agenda if acceptable to you.
I've only forwarded my e-mail request to you for approval. However,the request could be forwarded to
the rest of the Board upon your approval.
Thanks for considering this urgent request. Please call me on my cell phone if I can answer any questions
for you.
Mark
Mark E. Wallace, MD, MPH
Executive Director, Department of Public Health & Environment
1555 N. 17th Avenue-Greeley, Colorado-80631
Tele:970.304.6410-Fax:970.304.6412
Web: http://www.weldhealth.org
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DIAGNOSTIC SERVICES AGREEMENT
(FOR TUBERCULOSIS CONTROL PROGRAM)
(#0314-03-43836)
THIS DIAGNOSTIC SERVICES AGREEMENT (FOR TUBERCULOSIS CONTROL PROGRAM)
(this "Agreement") is made and entered into as of the signature dates set forth below, to be
effective as of the 21" day of July, 2014 (the "Effective Date"), by and between Banner Health, an
Arizona nonprofit corporation ("Banner") and 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").
RECITALS:
WHEREAS, WCDPHE provides certain community health services and as part of such
services requires certain medical services, including diagnostic/imaging radiology services to be
provided to patients who qualify for certain health services programs offered by WCDPHE (the
"Designated Patientlsl"); and
WHEREAS, the health services program that is the subject of this Agreement is the
Tuberculosis Control Program (the "Program"); and
WHEREAS, Banner operates North Colorado Medical Center, an acute care hospital facility
located in Greeley, Colorado (the "Hospital"); and
WHEREAS, Banner provides the technical component of diagnostic imaging/radiology
services (the "Technical Services") at the Hospital; and
WHEREAS, WCDPHE has a separate agreement with Advanced Medical Imaging Consultants
("AMIC") to provide the professional component of diagnostic imaging/radiology services for the
Designated Patient(s) at the Hospital; and
WHEREAS, payments for the professional component of any services provided by AMIC to
the Designated Patient(s) is addressed via WCDPHE's agreement with AMIC; and
WHEREAS, 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 contained herein, the receipt
and sufficiency are hereby acknowledged, it is understood and agreed to by the parties as follows:
AGREEMENT:
1. Banner's Responsibilities.
1.1 Provision of 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
Y:\BCC\eheiegaiWF\Colorado Region Facility Contracts & Matters\YCMCWadiology\weld County Health Dept Tchercu.oars Cont 2014-2401
Set v cot 2014.ag 1,doc
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 Designated Patient(s)' services.
Banner shall, upon request by a treating physician at WCDPHE, provide test
results and AMIC's formal recommendations to WCDPHE within seven (7) days
after test completion. Otherwise, Banner shall provide WCDPHE with that
amount of information concerning the Designated Patient(s) as is necessary for
WCDPHE to make payment for the Technical Services provided.
2. WCDPHE Responsibilities.
2.1 Eligibility. WCDPHE will determine the Designated Patient(sl' eligibility for the
Program and will provide appropriate Designated Patient information to Banner in
order for Banner to provide the Technical Services, including without limitation,
an order for such services from a licensed physician.
3. Term and Termination.
3.1 Term. The term of this Agreement shall be for one (1) year, commencing as of
the Effective Date and continuing until the first (11 anniversary of the Effective
Date. The term of this agreement may be extended for additional one (1) year
periods upon mutual written agreement of the parties. Either party may terminate
this Agreement, with or without cause, upon at least thirty (30) days' prior written
notice to the other party.
4. Financial Arrangements.
4.1 Compensation. WCDPHE agrees to compensate Banner for the Technical Services
at the rate of one hundred percent (100%) of the allowable payment for each type
of diagnostic/imaging radiology service provided to a Designated Patient, based
upon Schedule A for Two (2) View Chest X-Rays, in effect at the time the
Technical Services are performed.
4.2 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. Insurance. Both Banner and WCDPHE shall obtain and maintain in force during the term of
this Agreement insurance coverages of reasonably appropriate types and amounts. Each
party agrees to produce, upon request of the other party, certificates of insurance evidencing
such coverage(s).
6. Mutual Indemnification. 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
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Services.2014.ag t.doc
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.
7. Compliance with HIPAA. Under the Health Insurance Portability and Accountability Act of
1996 ("HIPAA"), Banner is required to comply with the Standards for Privacy and Security of
Individually Identifiable Health Information contained in 45 CFR Parts 160 -164 (the "HIPAA
Privacy and Security Standards"). If this Agreement must be amended to secure compliance
with the HIPAA Privacy and Security Standards, as currently in effect or as may be amended
or modified from time to time, the parties shall meet in good faith to agree upon such
amendments. If the parties cannot agree upon such amendments, then either party may
terminate this Agreement upon thirty (30) days' prior written notice to the other party.
8. Conflict of Interest Disclosure. WCDPHE represents and warrants that neither WCDPHE, any
affiliate of WCDPHE, or any officers, directors, employees, partners, members, owners or
shareholders of WCDPHE or any affiliate of WCDPHE, is related to, affiliated in any way
with, or employs (or otherwise has a compensation interest with) any officer, director or
employee of Banner.
9. No Federal Exclusion. WCDPHE hereby represents and warrants that WCDPHE is not, and at
no time has been, excluded from participation in any federally funded health care program,
including Medicare and Medicaid and that no such action is pending. WCDPHE hereby
agrees to immediately notify Banner of any threatened, proposed, or actual sanction or
exclusion from any federally funded health care program, including Medicare and Medicaid.
Such notice shall contain reasonably sufficient information to allow Banner to determine the
nature of any sanction. In the event that WCDPHE is excluded from participation in any
federally funded health care program during the term of this Agreement, or if, at any time
after the Effective Date, it is determined that WCDPHE is in breach of this Section 9, Banner
shall terminate this Agreement, which termination shall be effective immediately upon notice
to WCDPHE of such termination.
10. Independent Contractor Status. Banner shall at all times be deemed to be an independent
contractor of WCDPHE. Banner's employees shall not be regarded as employees or agents
of WCDPHE for the payment of any employer taxes such as FICA, unemployment, and
workers' compensation, and WCDPHE shall not be responsible for those taxes or any fringe
benefits for Banner's employees. Further, the employees of Banner shall not be regarded as
employees of WCDPHE with respect to any intentional or negligent activity in which they
may be involved or for any other purpose.
11. Governmental Access to Books and Records. The parties agree that each party shall retain
and make available upon request for a period of four (4) years after the furnishing of such
Technical Services as described in this Agreement, the Agreement, books, documents and
records which are necessary to certify the nature and extent of the cost thereof when
requested by the Secretary of Health and Human Services or the Comptroller General, or any
of their duly authorized representatives.
If either party carries out any duties of this Agreement through a subcontract with a related
organization, valued at $10,000 or more over a 12-month period, the subcontract shall also
provide that the Secretary of Health and Human Services or the Comptroller General may
have access to the subcontract and the subcontractor's books, documents and records
necessary to verify the costs of the subcontract for a period of four (4) years after the
Technical Services have been furnished.
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Services.2014.acr doc
This provision relating to the above retention and production of documents is included
because of possible application of Section 1395x (v)(1)(I) of the Social Security Act to this
Agreement; if this Section should be found to be inapplicable, then this clause shall be
deemed to be inoperative and without force and effect.
12. Quality Management. Banner will maintain any applicable federal and state standards and
requirements for the Technical Services.
13. Confidentiality. Each party and its employees shall keep all knowledge, information and
documents entrusted to its care by the other party confidential. Neither party nor its
employees shall disclose any knowledge, information or documents entrusted to it by the
other party to any person, firm or corporation other than the person, firm or corporation
designated by the other party. Knowledge, information and documents entrusted by one
party to the other may include, but are not limited to, the names of vendors and the terms
and conditions (including financial information) with vendors, the names of the Designated
PatientIs) and the terms and conditions (including financial information) of agreements with
or for the benefit of the Designated PatientIs) and all medical records and information.
Breach of this confidentiality requirement is cause for immediate termination of the
Agreement by the non-breaching party.
14. 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 successors and assigns of the parties to this Agreement. Notwithstanding
any provision of this Agreement to the contrary, Banner shall have the right to assign or
otherwise transfer its interest under this Agreement to any "related entity." For the
purposes of this Section 14, a related entity shall be deemed to include a parent or
subsidiary of Banner, any entity that acquires all or substantially allof q Banner's assets or
operations relating to this Agreement, and the surviving entity of any merger or consolidation
involving Banner. Any assignment to a related entity shall not require the consent or
approval of WCDPHE in order to be effective.
15. Severability. If any provision of this Agreement, or any application thereof to any person,
shall be invalid or unenforceable to any extent, the remainder of this Agreement, and the
application thereof to other persons or circumstances, shall not be impaired, and shall be
enforced to the fullest extent permitted by law.
16. Counterparts. This Agreement may be executed in one or more copies or counterparts, each
of which when signed shall be an original, but all of which together shall constitute one
instrument.
17. Governing Law. This Agreement shall be governed by the internal substantive law of the
State of Colorado, without regard for conflicts of laws.
18. Integration and Amendment. This Agreement, including any attachments and documents
specifically incorporated herein by reference, contains the entire agreement between the
parties. All prior negotiations between the parties are merged in this Agreement, and there
are no understandings or agreements other than those incorporated herein. This Agreement
may not be modified except by written instrument signed by both parties.
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19. Notice. Any notice required to be given under this Agreement shall be in writing, and shall
be deemed delivered when personally delivered or three (3) days after the same is sent by
certified mail, postage prepaid as follows:
If to WCDPHE: Weld County Department of Public Health and
Environment
1555 N. 17th Avenue
Greeley, Colorado 80631
Attn: Administrator
If to Banner: Banner Health
1801 16"' Street
Greeley, Colorado 80631
Attn: Chief Executive Officer
North Colorado Medical Center
With a copy to: Banner Health
1801 16th Street
Greeley, Colorado 80631
Attn: Legal Department
20. No Physician Ownership. WCDPHE hereby expressly represents and warrants to Banner that
no physician, no physician organization and no member of a physician's immediate family
owns or holds an ownership or financial interest in WCDPHE, including any affiliated or
related entity or person, that is not the subject of an exception or "safe harbor" under
applicable law, such as the exception for publicly-traded securities under 42 CFR
411.356(a).
IN WITNESS WHEREOF, the parties have executed this Agreement individually or by
signature of their duly authorized representative as of the signature dates set forth below, to be
effective as of the Effective Date,
BANNER: WCDPHE:
Banner Health Weld County Department of Public Health
and Environment
By: ,C By: lmaJitj
11)01044_
Name: Rick Sutton Name: Mark E. Wallace, MD, MPH
Title: Chief Executive Officer Title: Executive Director
Date: �� i Date: July 30, 2014
ly
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BOARD: ATTEST: Sagami W �;A' /� '
J
Board of County Commissions Clerk to the Board '1/42
Weld County, Colorado t161
tdi
By: ��1(� 1x^
4Oct ¢x�a (UM'S�
T By:
Name: Douglas Rademacher Name: Donna Bechler
Title: Chair Title: Deputy Clerk to the Board
Date: Jill 3 0 2014 Date: JUL 3 0 2014
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"Schedule A"
The Services
(Two (2) View Chest X-Rays for
Tuberculosis Control Program)
See attached.
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ServEces.204 4.agl.doc
Schedule A
The Services
Listed below are the procedures that are included under this Agreement:
Procedure
Two (2)View Chest X-ray
CPT 71020
FEE
One hundred percent (100%)of the allowable Medicare payment at the time the service is
performed.
SCHEDULE B
SAMPLE VOUCHER
4 DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
WEBSITE: www.co.wetd.co.us
ADMINISTRATION: (870) 304-6410
FAX: (970) 304-6412
PUBLIC HEALTH EDUCATION & NURSING: (970) 3046420
FAX: (970)304-6416
ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415
COLORADO FAX: (970) 3046411
Radiology Service Voucher
This voucher is for those who are confirmed as eligible for:
Este cupon a para muferes que son cal(ficadas y matriculadas en el:
❑Women's Wellness Connection Program
❑ Komen Pink Ribbon Project
❑Essure HSG
❑TB program
Please present this,as well as any other paperwork given to you,as you arrive for your radiology
appointment to ensure proper billing. Your appointment is scheduled at
Al Heger a sa cita por favor presente este cupdn y otros documemos necesarios eniregados a usted,pars
asegurar la facturacidn apropiada. Su es program ado en:
OSummit View Medical Commons ❑North Colorado Medical Center
2001 70th Ave,Creaky,CO 80634 1801 16th Ave
(970)350-6082 (970)352-4121
Appointment date/time
Fecha de la cita
Patient's name: Patient's date of birth:
Fecha de nacimiento
Please present this voucher to ensure proper billing of services is sent to:
Par favor presente este cupdn pars asegurar que la facturacidn apropiada es enviada:
Please bill Weld County as an insurance:
Weld County Department of Public Health
1555 N. 17th Ave.
Greeley,CO 80631
If you have any questions or need to reschedule,please call(970)304-6420.
Si usted tiene alguna pregunta o tiene que canceler la cita,por favor Name (970)304-6420.
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