ORDER NO. 16982
APPROVAL OF MANDATED FROVIDER AGREEMENT BY AND BETWEEN
H. E. BUTT GROCERY COMPANY AND KERR COUNTY, TEXAS
On this the 18th day of December 1986, upon motion made
by Commissioner Holland seconded by Commissioner
Lich , the Court unanimously approved. a MANDATED
PROVIDER AGREEMENT, by and between H. E. BUTT GROCERY
COMPANY, acting by and through its duly authorized officez
H. E. B. PHARMACY No. 089, 300 Main Street, Ker~uille,
Tx 78028, (hereinafter called "Pharmacy"), and KERR COUNTY,
TEXAS, acting by and through its duly authorized COUNTY
JUDGE, CORDON S. MORRISS, as authorized by the Commissioners'
Court of Kerr County, Texas (hereinafter called "County"),
regarding Indigent Health Care and Treatment Act, effective
as of September 1st, 1986.
. .. A!'1i11RM. CCC/VL:K/UL/~-26-86
AGREEMENT
(PHARMACY)
This Mandated Provider Agreement is entered into on ttie
1st September
day of _, 1986, by and between
fl. 1i. Butt Grocery (:~uil~,uly , acting by and t}-rougli its duly
ll. E.I3. Pharmacy No. 08J
authorized officer, 300 Alain Street _ (hereinafter
Kerrville, TX 78028
called "Pharmacy"}, and KERR COUNTY, TEXAS, acting by and through
its duly authorized COUNTY JUDGE, GORDON S. MORRISS, as
authorized by the Commissioners Court of Kerr County, Texas
(hereinafter called "County").
WITNESSETH
WHEREAS, County is required by the Indigent Health Care and
Treatment Act (herein "Act") to provide certain mandatory
pharmacy services for its eligible residents;
WHEREAS, County desires to insure that County's eligible
residents receive those mandatory pharmacy services required by
the Act;
WHEREAS, Pharmacy agrees to provide, or to arrange the
provisions of, those mandatory pharmacy services required by the
Act for County's eligible residents;
NOW, THEREFORE, in consideration of the mutual covenants
herein contained County hereby designates and Pharmacy hereby
agrees to be a Mandated Provider far mandatory pharmacy services
required by the Act or the Act's regulations to be provided to
County's eligible residents and the parties agree as follows:
1. DEFINITIONS
All terms shall be as defindd by the Act and by the TEXAS
DEPARTMENT OF HUMAN SERVICES, (herein "Department") to the
extent of the departments rights, responsibilities and
powers under the Act.
2. MANDATED PROVIDER
Pharmacy shall be a mandated provider of the mandatory
pharmacy services for County's eligible residents, as
defined by the Act. Pharmacy represents it is duly licensed
as a pharmacy under the laws of the State of Texas and is
/~
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~AFHARM.000/GEK/DL/8-26-86
certified for the Medicare program by the Health Care
Financing Administration. Unless otherwise agreed upon,
Pharmacy shall deliver, or arrange to be delivered,
mandatory Pharmacy services pursuant to the Act or as
defined by the Department. Such services shall be provided
to eligible residents of County who do not reside within an
area that a public pharmacy or pharmacy district has a legal
obligation to~serve. County shall require its eligible
residents to obtain mandatory pharmacy services from a
contracting Pharmacy except in emergency situations, or when
medically inappropriate.
3. COUNTY'S FINANCIAL OBLIGATIONS
County shall reimburse Pharmacy
services provided to eligible
obligated to reimburse Pharma~
reasonable charges of Pharmacy up
services and reimbursement allowed
for mandatory pharmacy
residents. County is
~y for all normal and
to the maximum amount of
under the Act. County is
not liable for reimbursement of services which exceed the
maximum per patient limits established by the Act. Pharmacy
has no obi-gation under this agreement to provide the
services covered under this Agreement to eligible residents
of County when and after such expenditure level is reached.
4. NOTICE
County shall have the duty and responsibility to give all
notices concerning the availability of mandatory pharmacy
services from Hospital.
5. DETERMINATION OF ELIGIBILITY
County shall be responsible for determining whether an
applicant is eligible for financial assistance defined by
the Act and shall provide eligible residents with documents
and/or cards which identify persons as eligible residents.
In the_case of a patient who may be eligible seeking
nonemergency services, Pharmacy shall not provide such
nonemergency services until County has determined
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' A1~HARM. CCC/GEK/DL/Fi fi-86
eligibility of the patient, has notified Pharmacy of the
eligibility decision and has approved in writing provision
of the nonemergency services. County must determine
eligibility for nonemergency services within fourteen days
from the date County receives a completed application.
Eligibility requirements and this contract may be modified
at any time by County to reflect any statutory changes in
County's indigent care obligations. Residency disputes
shall be resolved by the Department.
6. REIMBURSEMENT PROCEDURES
Pharmacy shall present charges for mandatory pharmacy
services provided to eligible patients to County monthly.
County shall reimburse Pharmacy within thirty (30) days of
presentation of the charges at the payment rate determined
by the Department. All payment disputes are to be submitted
for binding resolution to a panel consisting of a Pharmaciat
from a contracting Pharmacy which did not provide the
disputed services to the patient. Sid Peterson Hospital's
administrator, one E~ospital Medical staff member, County
Judge, and one County Commissioner.
In the case of emergency pharmacy services rendered to a
patient who is determined in Section 5 not to be eligible
for financial assistance, Pharmacy shall be financially
responsible for the services rendered to such patient.
Pharmacy reserves the right to pursue any reasonable
collection effort against such patients.
Pharmacy shall waive all deposit requirements for eligible
patients, except to the extent such deposits are required by
usual and customary Pharmacy policies as security for a
person's non-covered charges. Pharmacy shall have tYie right
to bill eligible patients for non-covered charges whether
the charges are for excluded services or because the charges
are not payable by County due to provisions of the Act or
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n~~~ in~tM . CCL/Gt,t</ DL/f3-26-t3 t,
payment policies and rates established by the Department.
7. THIRD PARTY PAYORS
Pharmacy will notify County if any eligible residents have
access to any other sources of payment for the eligible
services provided, but County shall be responsible for the
full payment of such eligible services. Pharmacy shall
notify County of the amounts received from third party
payors and reimburse County for services and amounts covered
under this Agreement.
8. RECORDS
Pharmacy will provide County access to all financial records
necessary to document the Pharmacy's provision of services.
Such access shall be during normal business hours of the
Pharmacy and shall be preceded by notice from County. Such
notice shall be received by Pharmacy 24 hours in advance of
such examination. County shall held all medical records in
strict confidence.
County shall obtain a signed authorized medical consent form
from the patient, authorizing the release of his/her medical
records and provide the same to the Pharmacy prior to
receiving any medical records.
9. TERM AND RENEWAL TERMS
The term of this Agreement shall be from September 1 ,
1986 through __ 11u~ust,31__r__^___~, 19 K7 This Agreement
may be renewed for additional one (1) year terms by written
agreement of the parties at least thirty (30) days prior to
the expiration of the original or any renewal term.
10. TERMINATION AND RIGHT TO CURE
Either party may terminate this Agreement upon breach of
this Agreement with thirty (30) days prior written notice,
provided the breaching party has been notified thirty (30}
days prior to the termination notice and efforts to resolve
the matter to the terminating party's satisfaction are
unsuccessful. Upon termination as provided for herein,
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•APHARM.000/GEK/DL/8-moo-86
neither of the parties shall have any further duty or
obligation to the other except for indebtedness due at the
time of termination and indemnification of the other party.
11. HOLD HARMLESS
Each party agrees to indemnify and hold harmless the other
party and its employees against and from all claims and
actions brought by third parties against the other party on
account of willful, intentional, negligent or illegal
conduct, omissions or bad faith of the party, its agents or
employees. Pharmacy and its staff shall retain sole
authority and responsibility for the services rendered to
eligible patients of County.
12. ASSIGNMENT
Neither party shall assign this Agreement except with the
prior written consent of the other party, except as provided
in section 5 hereof.
13. HEADINGS
Section headings are for convenience of reference only and
shall not be used to construe the meaning of any provision
to this Agreement.
14. COUNTERPARTS
This Agreement may be executed in any number of
counterparts, each of which shall be an original, and all of
which shall together constitute one agreement.
15. OBLIGATIONS AS CONDITION
All obligations of each party.ko this Agreement are
conditions to further performance of the other party's
continued performance of its obligations under the
Agreement.
16. EXCLUSIVE RIGHTS
Only the parties to this Agreement have the exclusive right
to bring suit to enforce this Agreement and no other parties
may bring suits as a third party beneficiary, or otherwise,
to enforce the Agreement.
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API~ARM.000/GEK/UL/ 26-86
17. SEVERANCE
Should any part of this Agreement be invalid or
unenforceable, such invalidity or unenforceability shall not
affect the validity and enforceability of the remaining
portions.
18. LAW
This Agreement shall be construed in accordance with the
laws of the State of Texas.
19. AMENDMENT ,
This Agreement may not be modified except in writing
executed by both parties to this Agreement.
20. NOTICE
Any notices, demands or communications required, permitted
or desired to be given hereunder shall be deemed effectively
given when personally delivered or mailed by prepaid
certified mail, return receipt requested, addressed as
follows: Steve Martinez, R.Ph.
Kerr County Judge Director of Pharmacy 1~1arketing
Kerr County Courthouse II.F.13utt grocery Company ~.
Kerrville, Texas 78028 ~I'. n. _Rox 9~~9 _ _
San Antonio. '1'X 7~2n4-n~~9
or such other address and to the attention of such other
person(s) or officer(s) as either party may designate by
written notice.
21. FORCE MAJEURE
Neither Party shall be liable nor deemed to be in default
for any delay or failure of performance under this Agreement
or other interruption from Acts of 'God, civil or military
authority, acts of public enemy, war, accidents, fires,
explosions, earthquakes, floods, failure of transportation,
strikes, or other work interruptions by either Party's
employees or agents, or any similar or dissimilar cause
beyond the reasonable control of either Party. Either party
in such event may terminate this Agreement.
22. RELATIONSHIP OF PARTIES
None of the provisions of this Agreement are intended to
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APHAKM. CCC/GEK/DL,~° -26-86
create nor shall be deemed construed to .create any
relationship between County and Pharmacy other than that of
independent entities contracting with each other hereunder
solely for the purpose of effecting the provisions of this
Agreement. Neither the parties hereto, or any of their
respective officers, directors or employees shall be
construed to be the agent, employee or representative of the
other party.
23. ENTIRE AGREEMENT
This Agreement supersedes all prior agreements between the
parties with respect to the subject matter hereof. This
Agreement is subject to all areas controlled by the Indigent
Health Care and Treatment Act, as it may be amended, and by
the Texas Department of Human Services and other applicable
local, state and federal la,as, rules or regulations.
IN WITNESS WHEREOF, the Parties have caused this Agreement
to be executed by th~ir_ respective duly authorized
representatives as of thy. day and year first above written.
H.E.B Pharmacy No. 089
_ 300 Alain Street
Ker i11e TX 78028 ~~
BY : ~v"~1l '~ ~y1
Pharmacy
Clark Lemond, Pharmacy P.~anager
State of Texas
County of ?:err
Subscribed and sworn to before methis 9th day of December(,, 1986.
~~• Notary Public
e.... ,~ ~~'.' r'BARA SHAVER LA FCIiR
~i•° \~ /` ~~-" NOTARY PUU! iC lP! ,~I~iu F„~R !.?-;•.~. _- ~/
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