ORDER NO. 16915
APPROVAL OF MANDATED PROVIDER AGREEMENT BY AND BETWEEN
REVCO DISCOUNT DRUG CENTERS, INC. AND KERR COUNTY, TEXAS
On this the 23rd day of October 1986, upon motion made
by Commissioner Holland seconded by Commissioner
Guthrie , the Court unanimously approved a MANDATED
PROVIDER AGREEMENT by and between REVCO DISCOUNT DRUG
CENTERS, INC., acting by and through its duly authorized
officer, Jerry Wasserman, (hereinafter called "Pharmacy"),
and. KERR COUNTY, TEXAS, acting by an-~ through its duly
authorized COUNTY JUDGE, GORDON S. MORRISS, as authorized
by the Commissioners' Court of Kerr County, Texas (herein-
after called "County"), regarding Indigent Health Care
and Treatment Act, effective as of October 10th, 1986.
(Said Agreement approved contingent upon approval by County
Attorney Gary E. Kersey.)
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AGREEMENT
(PHARMACY)
This Mandated Provider Agreement is entered into on the
10 day of ---October--_____, 1986, by and between
Revco Discount Drub Centers, Inc_____, acting by and through its duly
authorized officer, Jerry Wasserman- - _ (hereinafter
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, Ph~irmacy agrees to provide, or to arrange the
provisions of, those inaticla~Uiy pharmacy services -rr:yuireu 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 for 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 defined 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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APHARM.000~GEK~DL~S-~6-86
certified for the M~~~e 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 OBLIGATION'S
County shall reimburse Pharmacy for mandatory pharmacy
services provided to eligible residents. County is
obligated to reimburse Pharmacy for al l normal and
reasonable charges of Pharmacy up to the maximum amount of
services and reimbursement allowed 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 obligation 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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APHARM.000~GEK~DL~8 _6-86
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
at least
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 1.o 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 Hospital 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 ~.ecurity for a
person's non--covered charges. Pharmacy shall have the 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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payment policies and rates established by the Department.
7. THIRD PARTY PAYORS
to the best of its ability,
Pharmacy wills notify County if any eligible residents have
access to any other sources of payment for tYie 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 hold all medical records in
strict confidence.
County shall obtain a signed authorized medical consent form
from the patient, authorizing the release ~f his/her medical
records and provide the same to the Pharmacy prior to
receiving any medical records.
9. TERM ANll RENEWAL TERMS
The term of this Agreement shall be from October 10< <
1986 through ~_~ Qctobgr ~~ 19~. 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-.. .,-86
neither of the parties sha 11 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 to 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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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:
Kerr County .judge Revco D S. , Inc. `_
Kerr County Courthouse 1925 Enterprise Parkwa ~~-___
Kerrville, Texas 78428 '~ainsbura, Ohio A4087
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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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
cpnstrued 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 laws, rules or regulations.
IN WITNESS WHEREOF, the Parties have caused this Agreement
to be executed	by	their	respective	duly	authorized
representatives as	of	the day	and year first	above	written.
Pvc~ D ~ scoun~Drua Centers . Inc.
BY : ~'Q~i~~Gi~
arm Jerry WassEnnan
Vice President
KERR COUNTY ~}~AS
~,~` ''/ /
BY : ~ ~ ~~----__
G' R ONES. MORRISS,
~~rt.Cbunty Judge
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