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h
COMMISSIONERS' COURT AGENDA REQUEST ~
PLEASE URN I SH ONE ORIGINAL AND F! VF rn p 1 F_S OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: w_c;_ S any
MEETING DATE: a,~g„~r l 2 _ 1991
OFFICE: c~t~nty .T~tagP
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) ".,,.r,."~' ~~ Mandated Provider Agreements
with Sid Peterson Memorial Hospital and Physicians required by the Indigent Health
Care and Treatment Act.
EXECUT i VE SESSION REQUESTED: YES ._.~ NO x
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION: s m~nt1tPG
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
o ntv Judge --
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
* Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M, previous Thursday
THIS REQUEST RECEIVED BY: 8/5/91 „
THIS REQUEST RECEIVED ON : ~ is ~ 11:20 am
All Agenda Requests will be screened by the County Judge's Otfice to determine 1f
adequate information has been prepared for the Court's format consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
AGjtBB~ISNT
(PHYSICIAN - SID PETERSON MEMORIAL HOSPITAL)
This Mandated Provider Agreement is entered into on the
lst day of September 1991, by and between all
Physicians (medical doctors) on staff at SID PETERSON
MEMORIAL HOSPITAL as of August 31, 1991, acting by and
through their duly authorized Chief of Staff, Larry H.
Adams, M.D. (hereinafter called "Physician, whether one or
more), and KERR COUNTY, TEXAS, acting by and through its
duly authorized COUNTY JUDGE, W. G. STACY, as authorized by
the Commissioners' Court of Kerr County, Texas (hereinafter
called "County").
WITNESSSTH
WHEREAS, County is required by the Indigent Health Care
and Treatment Act (hereinafter called "Act") to provide
certain physician services for its eligible residents;
WHEREAS, County desires to insure that County's
eligible residents receive those mandatory physician
services required by the Act;
WHEREAS, Physician agrees to provide, or to arrange the
provisions of, those mandatory physician services required
by the Act for County's eligible residents;
NOW, THEREFORE, in consideration of the mutual
covenants herein contained, County hereby designates and
Physician hereby agrees to be a Mandated Provider for
mandatory physician 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 in the Act and by the
TEXAS DEPARTMENT OF HUMAN SERVICES, thereinafter called
"Department") to the extent of the departments rights,
responsibilities and powers under the Act.
2. MANDATED PROVIDER
Physician shall be a mandated provider of the mandatory
physician services for County's eligible residents, as
defined by the Act. Physician represents that Physician is
duly licensed as a Medical Doctor under the laws of the
State of Texas and is certified for the Medicare program by
the Health Care Financing Administration. Unless otherwise
agreed upon, Physician shall deliver, or arrange to be
delivered, physician services that are considered mandatory
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
Page 1
public physician or physician district has a legal
obligation to serve. County shall require its eligible
residents to obtain mandatory physician services from
contracting physicians except in emergency situations, or
when medically inappropriate.
3. COUNTY'S FINANCIAL OBLIGATIONS
County shall reimburse Physician for physician services
provided to eligible residents. County will reimburse
Physician for all normal and reasonable charges for mandated
services 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. If Physician
transfers eligible residents of County to a noncontracting
physician for physician services which physician is unable
to provide, County is obligated to reimburse the receiving
physician at the receiving physicians payment rate, but not
to exceed the maximum payment of reimbursement allowed under
the Act or established by the Department. All transfers will
be made to contracting physicians if possible. Per patient
expenditure limits as established by the Act apply to such
services delivered by the receiving physician.
4. NOTICE
County shall have the duty and responsibility to give
all notices concerning the availability of mandatory
physician 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 non-
emergency services, Physician shall not provide such non-
emergency services until County has determined eligibility
of the patient, has notified Physician of the eligibility
decision and has approved in writing provision of the non-
emergency services. County must determine eligibility for
non-emergency services within fourteen (14) days from the
date County receives a completed application.
8ligibility 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. NOTIFICATION OF PROVISION OF S$RVICES
Physician may deliver emergency services to eligible
residents of County without obtaining County approval.
Physician must receive written approval from County before
providing non-emergency services.
Page 2
7. REIMBURSBMENT PROCSDURSS
Physician shall present charges for physician services
provided to eligible patients to County monthly. County
shall reimburse Physician 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 Hospital medical staff
member who did not attend the patient, Hospital's
administrator, one Hospital Board of Director member, County
Judge, and one County Commissioner.
In the case of emergency physician services rendered to a
patient who is determined in Section 5 not to be eligible
for financial assistance, Physician shall be financially
responsible for the services rendered to such patient.
Physician reserves the right to pursue any reasonable
collection effort against such patients. Physician 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 payment policies and rates
established by the Department.
8. THIRD PARTY PAYORS
Physician 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
payment of such eligible services as provided far herein.
Physician shall notify County of the amounts received from
third party payors and reimburse County for services and
amounts covered under this Agreement.
9. RECORDS
Physician will provide County access to all financial
records necessary to document the Fhysician's provision of
services. Such access shall be during normal business hours
of the Physician and shall be preceded by notice from
County. Such notice shall be received by Physician twenty
four (24) hours in advance of such examination. County shall
hold all medical records in strict confidence so as not to
violate the physician/patient relationship.
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 Physician prior to
receiving any medical records.
10. TERM AND RENEWAL T$RMS
The term of this Agreement shall be from September 1, 1991
through August 31, 1992. 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
Page 3
the original or any renewal term. County shall reimburse
Physician according to the provisions of this Agreement for
eligible patient who continues to receive eligible physician
services past the expiration of this Agreement.
11. 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, neither of the parties shall have any further
duty or obligation to the other except far indebtedness due
at the time of termination and indemnification of the other
party.
12. 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. Physician shall retain sole authority and
responsibility for the services rendered to eligible
patients of County.
13. ASSIGNMBNT
Neither party shall assign this Agreement except with
the prior written consent of the other party, except as
provided in Section 5 hereof.
lA. HEADINGS
Section headings are for convenience of reference only
and shall not be used to construe the meaning of any
provision to this Agreement.
15. 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.
16. 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.
17. SXCLUSIVS 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.
Page 4
18. SEVBRANCE '
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.
19. LAW
This Agreement shall be construed in accordance with
the laws of the State of Texas.
20. AMENDMENT
This Agreement may not be modified except in writing
executed by both parties to this Agreement.
21. NOTICE
Any notices, dem
permitted or desired to
effectively given when
prepaid certified mail.
as follows:
Kerr County Judge
Kerr County Courthouse
700 Main
Kerrville, Texas 78028
ands or communications required,
be given hereunder shall be deemed
personally delivered or mailed by
return receipt requested, addressed
Chief of Staf f
Sid Peterson Memorial Hospital
710 Water Street
Kerrville, Texas 78028
or such other address and to the attention of such other
person(s) or officer(s) as either party may designate by
written notice.
22. FORCE MAJEURE
Neither Party shall be liable
default for any delay or failure of
Agreement or other interruption from
military authority, acts of public
fires, explosions, earthquakes,
transportation, strikes, or other
either Party's employees or agents
dissimilar cause beyond the reasons
Party. Either party in such even
Agreement.
nor deemed to be in
performance under this
Acts of God, civil or
enemy, war, accidents,
floods, failure of
work interruptions by
, or any similar or
ble control of either
t may terminate this
23. RELATIONSHIP OF PARTIES
None of the provisions of this Agreement are intended
to create nor shall be deemed construed to create any
relationship between County and Physician other than that of
independent entities contracting with each other hereunder
solely far 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.
24. ENTIRE AGREEMENT
Page 5
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.
SID PETERSON MEMORIAL HOSPITAL RERR COUNTY, TEXAS
BY:
Larry H. Adams, M.D. W. G. Stacy
Chief of Staff Rerr County Judge
Page 6
SID PETERSOI~I MEMORII~L
~~~~
CARING MAKES THE DIFFERENCE
August 5, 1991
Ms. Thea Sovil
W. G. Stacy, County Judge
Kerr County Courthouse
700 Main Street
Kerrville, TX 78028
Dear Ms. Sovil:
Enclosed you will find new Mandated Provider Agreements
prepared as we discussed. Section 10 of the Agreement provides
for renewal of the Agreement by written agreement between
the parties, and for your information I am also enclosing
a copy of the August, 1988 letter of renewal.
When we receive either the properly executed Agreements, or
a letter of renewal for both the Hospital and the Physicians,
the Mandated Provider Agreements will be renewed for another
one (1) year period. We will return a copy of the executed
Agreement to you for your files.
If you have any questions, please contact me at 257-0366.
Sincerely,
~,J?c~- ~~s~~
Lola Barr
Administrative Assistant to
F. W. Hall, Jr.
Administrator
enclosures
HOSPITI~L
710 Water Street . (512) 896-4200 . Kerrville, Texas 78028-5398
ak
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u
}
DANNY R.. EDWARDS
COUNTY JUDGE, KERB COUNTY
KERRVILLE, TEXAS 78026
EX-OFFICIO COUNTY SCHOOL SUPERINTENDENT
August 29, 1988
Mr. F. W. Hall, Jr.
Administrator
Sid Peterson Memorial Hospital
710 Water Street
Kerrville, Texas 78028
Dear Mr. Hall:
PHONE: 512-257-6711
Please be advised that the Mandated Provider Contract between Sid Peterson
Hospital and Kerr County is hereby renewed. This contract will be for the period
of October 1, 1988 to September 30, 1988 to correspond with our fiscal year.
Should you have any questions, please advise.
Very truly yours,
DANNY . EDWARS
County Judge
DRE/ ib
6~Q~
Enclosure: Order No. 18077
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