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Home My WebLink About20142400.tiff RESOLUTION RE: APPROVE DIAGNOSTIC SERVICES AGREEMENT FOR SUSAN G. KOMEN FOUNDATION 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 Susan G. Komen Foundation 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 Susan G. Komen Foundation 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: datieLdiv �C c �);� Douglasademacher, Chair Weld County Clerk to the Board I � I / : • 4 -�. ,,,�� _ : •ara Kirkmeye Pro-Tern BY: ��... �. . �.� . •.. .� i:,i {� '_' -•� ty Clerk to the Boar USED ® S 'rnP. Co�nway APP A RM: � ,) orne7 y g BI/2_ WiHillis F. Garcia Date of signature: C C y'LCSr'Tc 9/8 2014-2400 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. t 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 2 DIAGNOSTIC SERVICES AGREEMENT (FOR SUSAN G. KOMEN FOUNDATION PROGRAM) (#0314-03-43838) THIS DIAGNOSTIC SERVICES AGREEMENT (FOR SUSAN G. KOMEN FOUNDATION 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 Patient(s)"); and WHEREAS, the health services program that is the subject of this Agreement is the Susan G. Komen Foundation 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 Medicare Rates and CPT Codes for Women's Wellness Connection, for the Susan G. Komen Foundation YAEICC\shslegaRlI/FAColorado Region Facility Canlrasts & MatlelsUJCMC\Ratliolcgy\Woid County Mcalm Oept.Susan 3. Komen Foundauc 2014-2400 Servlces.2014.ag 1.doc 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 Designated Patient(s)' services. Banner shall, upon request by a treating physician at WCDPHE, provide test results and AMIC's format 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(s)' 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 (1st) 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 Medicare Rates and CPT Codes for Women's Wellness Connection, for the Susan G. Komen Foundation Program, 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 2 V\BCC\shslegai WR\Colorado Raglan Facility Contracts&Maters\NCMC\Radiology\Weld Cavity Health Dept.Susan G.Kaman Foundasor Program.Diagnostic Sarbces.2C'4.agl.doc 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. 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. 3 Y:\BCC\snsiegal WR\Colorado Region Facility Contracts&Matters\NCMC\Radiology\We'd County iealtn Dep6susan C.Konen Foundation Program.Diagnostic Services.2014.591.doc This provision relating to the above retention and production of documents is included because of possible application of Section 1395x (v)(1)(l) 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 Patient(s) and the terms and conditions (including financial information) of agreements with or for the benefit of the Designated Patient(s) 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 all of 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. 4 V:1BCC\shslegal\'WR\Colorado Reg!on Facility contract.,&Matters\NCMC\Radioiogy\Weld Caurty Health DeotSusan G.Komen Foundation Program.fliagnostic Services.2014.ag l.doe 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 16th 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: By: r^� ,\OA'` 400.00k4& Name: Rick Sutton Name: Mark E. Wallace, MD, MPH Title: Chief Executive Officer Title: Executive Director Date: 71 � Date: July 30, 2014 f 5 YABCCIshslegal\WR\Colorado Region Facility Contracts&Mutters1NCMCIRedlolugy1Weld County Health Dept.Susan G.Komen Foundation Program.Dlagnoatic Servicoe.2014.ag 1.dac BOARD: Ge+,ld,/&f S ATTEST: Board of County Commissions Clerk to the Board 1,161113 Weld County, Colorado 111:46 k NdC By: rr-- By: ZDHP, .., Name: Douglas Rademacher Name: Donna Bechler Title: Chair Title: Deputy Clerk to the Board Date: JUL 3 0 2014 Date: JUL 3 0 2014 r 6 Y:BCC\shslegal\WR\Colorado Region Facility Contracts&Matters\NCMC\Radiology\Weld County Health Dept.Susan G.Koran Foundation Program.Diagnostic Servicea.2014.ag l.daa a©r'/- avoo "Schedule A" The Services (Medicare Rates and CPT Codes for Women's Wellness Connection Susan G. Komen Foundation Program) See attached. 7 Y;BCC\sdslega.\WR\Colorado Region Facility Contracts&Matters\NCMC\RadlologynWeld County Health Dept.Susan G. 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U - }op,. a g .4ve Pi 2 o a zi v a 9, P. v d F U < -, Fa y 2 2 .c g F `•q a E a c _'. 2 J i W N S i O g u T T N n e , e r m rn o SCHEDULE B SAMPLE VOUCHER DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT (it .�" 1555 N. 17"'Avenue Greeley, CO 80631 WEBSITE: www.co.weld.co.tl@ II'D ADMINISTRATION: (970)304-6410 FAX: (970) 304-6412 PUBLIC HEALTH EDUCATION 8 NURSING: (970)304-6420 es FAX: (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES: (970)304-8415 COLORADO FAX: (970)304-6411 Radiology Service Voucher This voucher is for those who are confined as eligible for. Este cupon es para mujeres que son calficadas y rnatriculadas en el: ❑Women's Wellness Connection Program • ❑ Komen Pink Ribbon Project ❑Bssrue HSG • O 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 llegar a su cita por favor presente este cup6n y otros documemos necesarios entregados a ustea(pars asegurar la facumacion apropiada. Su es programado en: DSummit View Medical Commons O North Colorado Medical Center 2001 70th Ave,Greeley,CO 80634 1801 16th Ave (970)3504082 (970)3524121 Appointment date/time Fecha de la cita Patient's name: Patient's date of birth: Fecha de nactmiento Please present this voucher to ensure proper billing of services is sent to: Par favor presente este cup6n pars asegurar que la facturacion 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)3046420. Si usted tiene alguna pregunta o tiene que canceler la cite.per favor flame (970)304-6420. 13 Hello