Item 1.~ Consideration of Peterson Regional Physical Hospital Dr•ganization Agreement with Ker^r Co+_+nty "F'HO" and authority for the County Judge to sign same. (Treasurer^) ORDER N0. ":,030 RF'F'ROVRL OF PETERSON REGIONRL F'HYSICIRN HOSF'ITRL ORGANIZATION AGREEMENT WITH KERR COUNTY "GHO" AND RUTHORIZATION OF THE COUNTY JUDGE TO SIGN SRME On this the 9th day of November- 1995, upon motion made by Commissioner Holekamp, seconded by Commissioner Oehler^, the Court unani^ously approved by a vote of 4-0-0, to authorize the County Judge to sign the F'eter•son Regional Ghysician '~ Hospital Or^ganization Agreement with Ker^r^ County "F'HO" as presented to the Court and authorize retirees rate to 6e set at ffi105.0+Z+ per month. PETERSON REGIONRL PHYSICIRN HOSPITAL ORGANIZATION RGREEMEN7 WITH KERR CDUNTY 1.0 PRRTIES TO THE AGREEMENT This agr^eement is made and entered into effective as of the 1st day of Dece~6er, 1995 by and between Peterson Regional Physician Hospital Organization, a Texas non-profit corporation ("F'RF'HD") and Kerr County, ("COUNTY"). 2.0 RECITALS WHERERS, F'RF'HO is engaged in the business of contr•acting for• the provision of medical and health car^e services and is prepared to provide such services to County employees pursuant to the terms and conditions of this Agreement; WHERERS, COUNTY has established a self-funded employee health and welfar^e benefit plan for- certain of its employees and their dependents and has entered into a Rdministr•ation Agreement with EBF', a Third F'ar•ty Administrator-, to provide administration ser'vices for^ the plan. The Rdministr•ation Rgr•eement is made a part her-eof by reference hereto as Rttachment C. WHERERS, COUNTY has and/or• desir^es to enter into contractual ar•r•angements with physicians, health car^e professionals, hospitals, third par^ty administrators, cons+.+ltants and other parties to arrange for^ and facilitate services for^ the Co+.+ntyr s health and welfar^e benefit plan; THEREFORE, in consider^ation of the premises and the mutual promises herein stated, the parties agr-ee as follows: 3.0 DEFINITIONS 3. i Bills mean the bills of the F'ar•ticipating P'rovider' on forms UP-92 or^ HCFR 1500, as applicable (or their- successor' forms), for- the Cover^ed Services provided by s+_~ch Participating P'rovider's. 3.2 This section has been omitted. 3.3 Cooayment means a payment which may be collected directly "' by a Participating Provider fr^om a Flan Member- in accordance with the terms of the F'ayor's Plan. F'AGE 233 3.4 Covered Services means those medical and hospital services which Flan Member^s ar•e entitled to pursuant to the ... Plan provided by or administered by the Gayor. For^ purposes of this definition, "medical and hospital services" shall include only those ser^vices, facilities and equipment customarily provided by Physicians and Hospital as of the Effective Date and which Physician and Hospital deem appropr^iate to pr^ovide during the ter^m of this Agreement. 3.v Hospital means Sid F'eter^son Memorial Hospital which is a Participating F'r•ovider^ and any other- facility that has contracted with the F'RF'HO to pr^ovide certain hospital services to Flan Members. 3.E Mon-covered Services means ser^vices for- which F'ayor• is not required to provide to Members p~_~r^suant to the Flan including but not limited to ser^vices which ar•e not author^ized by Payor as part of the utilisation control progr^am. 3.7 F'ar•ticipatino F'r•ovider^ (s> means a primar^y care physician, specialist physician, hospital or• other' health car^e provider who has contr'acted with F'RF'HO to pr^ovide or arrange for- the provision of health car^e ser^vices to Plan member-s. A directory of Participating F'r•ovider•s including the Ancillar^y Service F'r^ovider•s are listed in Attachment D. 3.8 Favor, means the specific employer-, insurance carr^ier^, ,_„ and/or other entity that sponsor's and/or• administers (as applicable) health plans, on behalf of one or more of such plans (collectively, a Flan) to enable its Flan Member^s to have access to health care provider^s. Kerr- Coi_inty is the Gayor in this agreement 3.9 F'hysician means a pr^imary car^e physician or^ specialist physician who is a F'ar^ticipating F'r•ovider- and who has contr'acted with GRF'HO to provide cer^tain medical services to Members. 3.10 Flan means a written pr^ogr^am adopted by the County which specifies the health care ser^vices which F'ayor shall provide as a benefit to Members and the teems and conditions applicable to the pr^ovision of such services. 3.11 Flan Member means any individual eligible to receive benefits under a Flan. The phrase "its Flan member^s", or^ a phrase of similar impor^t as ~_~sed with r^espect to County, refers to the Flan Members of Flans for' the County. 3.12 Third F'arty Administrator^s (TPA) means the individual or company that contracts with employees who want to self-insure the health of their employees. This company usually handles claims processing and other administrative fi_inctions associated with the managed care contract. The TF'A for this agreement is E8F' HealthPlans, Inc. 4.0 TERM, TERMINATION RND RIGHTS UPON TERMINATION OF THIS AGREEMENT F'AGE 234 4.1 Term. The teem of this agreement shall begin as of '^ Decewber i, 1995 and end on midnight of Navewber 30, 1996 subject, however, to earlier termination by County or• F'RF'HO as her•eafter• provided. The teem of this Rgreement shall automatica]ly renew for• an additional one (1) year teem, unless terminated as provided herein. 4.2 Termination This Agreement may be terminated for cause at any time d~.iring the Rgreement teem upon (30> days' prior written notice by either- party, unless it is mutually agreed to 6y the parties that the grounds for• termination with cause have been remedied during the notice period. This agreement may be terminated by either- party with or• without ca~.ise effective at the conclusion of the then current term upon written notice to the other- party at least ninety (9Zr) days pr•ior• to the concl~_~sion of such teem. 4.3 This Aor•eement may be terminated without cause at any time during the Rgreement upon ninety (9Q~) days prior- written notice by either- party. 4.4 Ri~r_hts Upon Termination. Upon termination of this Rgreement, pursuant to Section 4. 2, F'ar•ticipating Providers shall continue to provide Covered Services to Plan Members then inpatients of the Hospital and entitled to services p~.rr•s~_iant to the Flan until s~_ich Flan Piembers ar•e discharged ~- transferred consistent with sound medical practice. F'ayor• shall pay F'ar•ticipating F'r•ovider•s in accordance with Rttachments A and E to this Rgreement for• services r•ender•ed F'ar•ticipating F'r•oviders to such Members. Payment shall continue to be made within the time Frame established in v.l Method of Payment. F'ayor• and Participating F'r•ovider•s shall continue to fulfill their obligations under^ this Rgreement with respect to: (i) payments due F'ar•ticipating Pr•ovider•s, (ii) records maintenance requirements and (iii> insurance r•eq~_iirements. if F'ar•ticipating Provider^s arse req~_rested to provide Covered Services to Flan Members after- the effective date of termination of this Rgreement, F'ayor• will pay Participating F'r•ovider•s according to F'ar•ticipating F'r•ovider•s billed charges 5.0 OBLIGATIONS OF THE PARTIES o r• by v.1 The F'RF'HO has the authority to bind its F'ar•ticipating F'rovider•s, listed in ATTACHMENT D, to the Agreement with the Co~.rnty and is acting on behalf of its Participating F'r•oviders in entering into this Agreement. F'RF'HO r•epr^esents and warrants that it has entered into individ~_ral agreements with each Participating Provider listed in Rttachment U. S.~ F'lan Member- Incentives. County will use its best efforts to incor•por•ate financial incentives into the Flan for Flan ^ Member utilization of the services of F'RF'HO. These financial incentives shall take the form of, but are not limited to, reduced copayments, red~_rced deductibles, and reduced out-of-pocitet limits. F'RGE 23~ 5.3 Services and Rates._ PRPHO agrees to contract with "" participating F'r-oviders far the per•for-mance of Covered Services, which have been authorized by Payor- and ordered by a Physician, at the rates contained in the Physician Compensation Schedule annexed her•etn as Attachment E, and made a part hereof. Such Covered Services may be provided by F'<'ar•ticipating Pr•ovider-s or• any appr•opr•iately licensed affiliate of F'RF'HO. v.4 Eligibilit~for• Service. (a> F'RF'HO represents and war•r•ants that its Participating Provider cnntr-acts will state that the Par^ticipating Provider will be responsible for- verifying the eligibility status of a Peneficiary with the F'ayor• or• its representative. The F'ayor• or• its representative agrees to maintain cur•r•ent lists o1' covered Flan Members. (b) If Flan Member is unable to provide sufficient information for Rrovider• to verify appr•opr•iate coverage, Provider may r•equir•e Flan Member- to personally guarantee payment for- Covered Services r-ender•ed to Flan Member-. S.5 Emergencv Services Emergency Services shall be pr^ovided without prior verification of eligibility or• authorization in case of medical emergencies where delay in treatment would ,~ result in treat to life or• impair-ment of bodily f~.inctions as reasonably deter-mined by the Participating Hospital Emergency Department's Staff. In the event a Flan Member- enters a F'RF'HO Hospital through the Emergency Room, b~_it subsequently is admitted as an inpatient, then the Emer^gency Room rate in Attachment A is to be paid to Hospital, in addition to the applicable inpatient per- diem (or X off of charges) rate. Further, if the patient enters Hospital thr^ough the Emergency Room, but subsequently undergoes outpatient surgery, or• receives other outpatient services, the Hospital and/or Participating F'rovider•s shall be reimbursed for- both the Emergency Room visit, and the applicable rate agreed ~_~pon for the additional outpatient services. v.6 Observation Services. In the event an observation patient is subsequently admitted as an in patient to Hospital, the agreed ~_~pon observation r•eimbur•sement rate will be paid to Hospital and/or F'ar•ticipating Providers in addition to the applicable inpatient per- diem (or- '/. off of charges) r-ate. Further, if an observation patient subsequently undergoes o~_itpatient sur•ger•y, or• receives other- "non-obser•vat ion" outpatient services, then the observation rate shall be paid to Hospital, in addition to the applicable outpatient rate agreed to herein. Observation rates can not be replaced with ~-- per- diem r•ate:>. v.7 Laboratory and Radiology Operational Protocols. R~_~les and Regulations and Bylaws of the Hospital Medical Staff shall be followed for- all inpatient and surgical outpatient F'RGE X36 procedures far labor-ator-y ad r•adioingy protocol and for reimbursement purposes. 5.6 Transfer^s. In the event a patient at Hospital is transferred to a non-PRF'HO health care facility, the receiving facility shall be responsible far• making r•eimbur•sement arrangements with County. In the case of a transfer from Hospital, Hospital shall r^eceive no reimbur^sement for those hospital expenses incur-'-ed in a non-F'RF'HO facility. Hospital shall be r•eimb~ar•sed in accordance with Attachment A only for the days in which the patient was in a F'RF'HO facility. In addition, when a patient is tr^ansferred from Hospital, F'RF'HO shall not pay for any transpor^tation costs or• any health care services f~_v-nished by a non--F'RPHO health care facility. 5.9 This section was pi_irposely omitted from the Agreement. 5. 1~ Billing of Flan-Members F'ar•ticipating providers shall look only to F'ayor for payment of Covered Services r^endered to Flan Members in accordance with the terms and conditions of this Rgr•eement. Notwithstanding this limitation, Flan Members are primarily responsible and may be billed directly by F'ar•ticipating F'r•oviders for' Copayments, deductibles and Non-Covered Services. pRF'HO physician can negotiate with the patient regarding the patient's payment for^ services in the event that the F'RGHO ,,_., physician and the F'ayor or• its r^epr^esentative have a disagreement over^ the medical necessity of proposed services, provided that the F'RF'HO physician has informed the patient abo~_i1: this dispute and the fact that the patient will be personally responsible for• payment. Nothing within the provisions of this agr^eement prohibits the F'RF'HO provider^s fr^om pursuing the patient for collections of fees for ser-vices determined to be medically necessary in the event the F'ayor• or its representative fails to pay the claim for• such services in accordance with section 5.11 Method of Payment, or^ in the event of any bankruptcy, r•eceiver~ship or insolvency of the Co~_inty. 5.11 Method of F'ayment. The contract between the F'RF'HO and F'ar^ticipating F't•oviders shall provide that F'ar^ticipating F'r•ovider^s shall bill F'ayor• at standard r°ates and payment will be based upon the rates agr^eed to in Rttachments A and E for all Covered Services. payments made by F'ayor• for the provision of medical services to a Flan Member must be received by F'r•ovider•s within thirty (~0) days of F'ayor's receipt of an accurate, legible, and complete claim. In the event that payment for^ medical services is not r^eceived by Providers within 30 days of F'ayar's receipt, the F'ayor- shall reimburse F'r•nvider•s with the total charges for the claim, excluding any discounts. Review of claims by F'ayor•, or any or° any other delay on the part of F'ayor•, or• any other designated representatives, shall not offset the above r•eq~airement to pay claims within 3¢~ days of F'ayor•~ s receipt. P'rovide'- agr^ees to waive the 30 day payment deadline for F'AGE ~.~7 claims which ar•e subject to coar•dinatiorr of benefits, claims which need investigation due to medical necessity, and claims "' incurred by Plan Members wfrose effective date on any Flan is less than one year. These claims must be paid in 9S+ days of receipt of the claim in order to receive the negotiated disco+_~nt. The hospital will bill the County for the full, undiscounted amount for• the hospital services provided for- which the mem6er• is liable. The County will apply the discount and note it on the explanation of benefits. All clean bills will be paid by the County within 3~ days, or• the discount will be waived. The County agr^ees to process Hospital bills for covered services rendered to eligible covered Plan Members and if appr'opr'iate remit the F'lan' s co--ins+_ir•ance amount in accordance with Hospital's standard rate schedule, less the discount agreed to in Attachment A. Hospital agr^ees to allow audits of their billings at times mutually agreed upon between Hospital and the County. 5.12 Rates. Participating Provider rates as listed or• described in Attachments A R E may be renegotiated upon ninety (90) days' prior- written notice of request by F'RF'HO to County. 5. 13 Access to Recar•ds The contract between the F'RF'HO and Participating Providers shall provide that medical records ,,,,, shall be, and remain the pr-oper•ty of P'ar'ticipating Providers and shall not be accessed, removed or- tr-ansfer^red from Participating F'r•ovider•s except in accordance with applicable state and federal law and regulations and Hospital rules and r•eg~_+lations. To the extent permitted by law Hospital r•~.iles and r°egulations, Hospital shall permit the F'ayor to inspect and make copies of said medical r'ecor'ds providing that F'ayor• has obtained prior written consent from Member a+athor•izing Hospital to release such information to F'ayor•. For• purposes of this Section, medical recor^ds shall include hose records that are, or• will become part of the medical record of the patient. Payor• shall reimb~ar•se Participating F'r^ovider^s at the rate of 8.25 per page for• copying r•elated to the provision of Participating Provider's medical records. 5.14 Confidential Information. Tire contract between PRF'H~ and P'ar'ticipating F'r•ovider•s shall provide that d+.ir•ing the term of this Agreement and thereafter, Payor• and P'ar'ticipating Providers shall ensure that Payor• and Gar•ticipating P'r'oviders, and their dir'ector's, officer's, employees, contr'actor's and agents hold Confidential Infor-mat ion in the strictest confidence and in accordance with state and federal law. "Gorrfidential Information" shall include without limitation all information and r'ecor'ds whether oral or written or disclosed pr'ior' to or s+_ibseq+aent to the execution of this Rgreement r'egar'ding the following: patients, ~_itilization ~^ review, q~_+ality assurance, finances, vol+.ime of b+.+siness, contracts and prices. Payor r^epr•esentative shall r'etur'n or destroy all confidential information received from the Participating L='rovider•s within thirty (.~) days following termination of this Rgreement for any reason. l'he parties PACE 238 agree that discloser°e of a party's Confidential Information other than in accordance with this section shall cause '~ ir•r•eparable inj~.iry to s~_rch party, and that the in.jur^ed party may seek injunctive relief to prevent the other party's breach of this Section. 5. 15 Solvency of Flan. F'aypr• shall secure and maintain appropriate r•egistr•ation/certification as may become necessar^y to operate as a direct provider/employer health care plan under the laws of the State of Texas. In the event that state r•egulator•y agencies r•equir•e F`ayor• to file an Rnn~.~al Report, Employer shall provide F'RF'HO with a copy of the report, and shall provide F'RF'HO with copies of each new Rnnual Repar^t prior to the date of each renewal of the teems of this Rgr^eement. Employer^ agr^ees to notify F'RF'HD immediately in the event registration/certification is denied or• becomes restricted in any way or terminated. 5.1E Stop-loss Insurance. F'ayor• agr^ees that any stop-loss insurance agreements which protects the Employer's risk for F'ar-ticipating pr•ovider• care costs shall be with a solvent company that is authorized to do business in Texas. F'ayor^ shall give F'RF'HO not less than thirty (30> days' pr•ior• written notice of any cancellation, non-renewal or• mater^ial alteration of such stop-loss insurance coverage. The F'ayor shall provide a copy of si_rch policy to the F'RF'HO annually and/or whenever changes ar•e made to cover^age. 5.17 Rdver^tisements. Neither party shall use any advertisement that includes the other's name or• that describes or• refers to the other's products, unless such advertisement has been approved in writing by the other party in advance of its ~_rse or• distribution. F'RF'HO agrees to allow the publication of its participating provider's names, addresses, and phone numbers in Rttachment D in ttre County's Directory of Healthcare F'r•ovider•s for• the F'ayors in Rttachment C. The County ayr^ees to identify the F'RFHO as a cpntr•acted entity. 5.18 F'r-ofessional Relationships. Each party agrees that no provision of this Rgr•eement shall have the effect of infringing ~.~pon Participating providers' professional relationships with Flan Members. 6.0 ACCESS Each par^ty agrees with the other as follows: 6.1 F'RFHO agrees to allow County's Flan Members access to the F`articipating Providers listed in RTTRCHMENT D, County shall notify F'RF'HO when its Flan members are to begin such access. 6.2 F'RF'HO shall calculate the rates herein agreed to against thre actual charges (her^einafter•, r^eferr•ed to as "reprice" or ~" "repricing") in the Bills attri6~atable to eligible Flan Members. 6.3 Co~.rnty shall refer to F'RF'HO in a timely manner^ any complaint, contr•over•sy or• contr^act problem arising out of F'RGE X39 delivery of ser^v ices or- benefits by the Participating Providers. F'RF'HO shall use reasonable effor^ts to resolve in a timely manner any controversy referred to by County. 6.4 The parties acknowledge that patients' medical r-ecor-ds are confidential and shall not be disclosed to third parties without the consent of the patients, unless otherwise permitted or required under- applicable law. 7.0 CONFIDENTIAL INFORMRTIONq INTELLECTUAL PROPERTY 7.1 The parties reser-ve the ownership af, and the r^ight to the control and use of, their names and all copyrights, symbols, tr-ademarks, service mar^k s, or other intellectual property rights, pr^esently existing or• later- established. Neither party shall ~_~se the name or any such intellectual pr-aper•ty rights of the other- party in advertising or^ promotional materials or otherwise without the pr-ior written consent of s~_~ch other- par^t y. Any per-m itt-ecf use by a par-ty of the name or any such intellect~.~al property eights of the other party shall cease immediately upon the termination of this Agreement, ~_inless other°wise agreed to by the other party. Notwithstanding the foregoing, each party hereby grants the other party the right to use its name, address, and telephone n~_imber in connection with the perfor^mance by the other party of its obligations here~.mder-. ,,,, 7.2 C~uarterly Report: Co~_inty agr-ees to provide quar-ter•ly reports to F'RF'HO which identify specific utilization data by hospital service and by Participating Provider, including but not limited to, the num6er• of Members, admissions and patient days at Hospital. 8.0 GENERAL PROVISIONS 8.1 Provisions Separable. The provisions of this Agreement are independent of and separable from each other, and no pr^ovision, shall be affected or• r-ender-ed invalid or• unenforceable by virtue of the fact that for any r-eason any other- or- others of them may be invalid or unenforceable in whole or in par^t. 8.'. Diso~xtes. In the event that GRGHO and County are unable to resolve any matter in dispute between them to the mutual satisfaction of both parties, pRF'HO and County may agree to have dispute mediated by a mediator or an ar-bitrator mutually acceptable to the F'RF'HO and the C:o~anty from the National Health Lawyers Association Disp~_ite Resolution Service. If mediation fails to resolve the dispute any such dispute would be s~_ibmitted to binding arbitration. Each party shall pay its own expanses in connection with any mediation proceeding. In the event any .j~_tdicial proceeding is necessary to enforce or interpret the terms of this Ryreement, the prevailing party ~"' shall be entitled to reasonable attor^ney's fees, costs and expenses, in addition to any other- r-elief to which such party is entitled. F'AGE 240 8.3 Waiver of Br-each. The failure of County or^ F'RF'NO to "`~ object to or to take affirmative action with respect to any conduct of the other which is a breach of this Rgr-eement shall not be construed as a waiver of that breach or of any prior or• fut~_ire br^eaches of this Rgr•eement. 8.4 Entire Rgr•eement. This Agreement, together with Rttachments A, C, 17, and E, which are attached hereto and made a part hereof, constit~_tte the entire ~ander•standing of the parties to this Agreement, and supersede al pr^ior proposals, r-epr•esentations, communications, negotiations, and agreements between the parties whether oral or• written. 8.5 Choice of Law. This Agreement shall be inter•pr•eted in accordance with and governed by the laws of the State of Texas. 8.6 Assignment This Rgr•eement or any of its pr^ovisions shall not be assigned, delegated or• transferred by either party witho~_tt the pr•ior• wr^itten consent of the other party. 8.7 Rinding Effect. This Rgreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their- s~_tccessor:> and permitted assignees. 8.8 Independent Contractors and Rights of Member^s. F'RPHO and -- Co~_~nty ar^e independent contractors, and this Agreement shall not constit~_ite the formation of a par•tner•ship, .joint ventur^e, employment or master-/servant relationship. The par-ties shall not exec^cise control over the performance of the other hereunder. 8.4 Rmendment. This Agr^eement may not be amended ar- changed in any of its provisions except by a subsequent wr^itten agreements, signed by duly authorized r•epr•esentatives of County and F'RF'HO. 8. i0 State Rppr•ova1. If the laws of the state in which this Agreement is to be performed require appr-oval of this Agreement by any t•egulatory agency of such state, then this Agreement shall only become effective upon the giving of s~.tch appt•oval by the state agency. 8. ii Exclusivity. By entering into this Agreement, the F'RF'HO and the County are not and will not be limiting their ability to enter other disco~_tnt arrangements with other parties. In an effor^t to build a mutually respectful business partnership, at all times, r-epr^esentatives of the F'RPHO and the County agree to support the other- par^ty and to promote the positive aspects of the other- party to the business community. 8.1~ Insurance and Indemnification. Hospital and F'RF'HO, at their sole cost and expense, shall maintain si_ich policies of general liability, professional liability, or• self-insi_ir^ance as shall be necessar^y to insure them and their employees against any claim or• claims for- damages arising by reason of F'AGE X41 personal in,ji_rr•ies or• death occasioned, directly or' indirectly, in connection with the performance of any medical service "' provided her•eunder•, the use of any property, facilities or eq~_ripment provided by Hospital or• F'RF'HO and activities performed 6y Hospital or F'RF'HO in connection with this Rgreement. Memorandum copies of the above insurance policies shall be provided to the Co~_rnty ~_rpon the County's request. The County, at its sole cost and expense, shall pr^ocure and maintain such policies of general liability and other insurance as shall be necessary to insure the County and its employees against any claims or- claims for- damages arising by reason of personal in,jur^ies or death occasioned, directly or• indirectly, in connection with the performance of any service by the County, the use of any property, facilities or equipment provided by the County and the activities per-for^med by the Co~_rnty in connection with this Rgreement. Memorandum copies of the above ins~_rrance policies shall 6e provided to F'RF'HO upon F'RF'HO' s request. Each party shall be responsible for• its awn acts or omissions under this agreement. 8.13 Notice. Rny notices or other communications required or contemplated under the provisions of this Rgreement shall be in writing and delivered in person, evidenced by a signed receipt, or' mailed by certified mail, return receipt ,_ requested, postage pr-e paid, to the addresses indicated below or to such other persons or addresses as County or F'RF'HO may provide by notice to the other. 'The date of the notice shall be the date of delivery of the notice to the other. The date of the notice shall be the date of delivery if the notice is personally delivered or the second day following the date of mailing if the notice is mailed by certified mail. RDDRESS DF PARTIES: PRPHO: COUNTY: Peterson Regional F'HO Kerr County Employee Health Care Flan 710 Water St. 700 Main St. Kerrville, Tx 78028 Kerrville, Tx 78029 8.14 Unforeseen Circumstances. In the event that Hospital does not have pr^o per facilities to treat Flan Members or• in the event of circumstances beyond its r•easona6le control such as major- disaster-, epidemic, war, complete or• partial destruction of facilities, disability of a significant number of personnel or- significant labor disputes, Hospital shall provide health services to Flan Members to the extent possible according to its best .judgement or• limitations of such facilities and personnel as are then available, but Hospital shall have no liability or• obligation for delay or '"' fail~_rre to provide or arrange for such services due to lack of available facilities or personnel in such disaster, epidemic, etc., or labor dispute, or other cause beyond the control of Hospital. F'AGE 242 IN WITNESS WHEREOF, the par^ties have executed this Rgr•eement, effective the date first set forth above. Organizations: Peter^son Regional F'HO By:/s/ Robert H. Walther Title: F'r^esident Date: 11/c9/95 Kerr County /s/ Robert R. Denson County Judge il/~9/95 ATTACHMENTS RTTRCHMEN'T R HOSF'ITRL RRTES ATTACHMENT B Omitted ATTACHMENT C Rdministr•ation Rgr•eement ATTACHMENT D F'HYSICIRN PROVIDER DIRECTORY RTTACHMENI' E F'HYSICIRN RRTES ATTACHMENT A Hospital Rates Sid F'eter•son Memorial Hospital Charges are: Billed Inpatient Charges less five percent Sr( Pilled Outpatient Charges less five percent 5~( RTTACHMENT C Administration Rgr•eement TF'R Effective Date EBF' HealthF'lans, Inc. 3109 West 41st Street, Suite 103 Sioux Falls, SD 5715"/CB~ ATTACHMENT E Physician Rates Physician rates for the F'RF'HO, excluding Rnesthesia, will be meas~_ired against the 80th percentile of Medical Data Research (MDR) database for all Radiology codes (70000 series), 75th percentile of MDR for• F_valuation and Management Procedures (99000 series) and the 70th percentile for^ all others and reduced as needed. For• Rnesthesia the claims will be paid at 90~ of the submitted fees, reflecting a 10:( discount from Rnesthesiars standard rates. Physicians providing services through our ancillary service pr•ovider•s will deliver services at rates shown in Rttachment F, if applicable. This attachment will also become a permanent attachment to the Par•ticipal;ing Pr•ovider^ Agreement - Rppendix R, Agreement 01 F'AGE '43 Item 1.i Consider and discuss ar-chitectur•al plans for the remodel of the Courthouse. (County Judge) The Rrchitect stated the work would have to be done in three phases. There are no decisions on what will be done first and the brae prints that are done now are pr-eliminar-y plans. The heating and air conditioning has been inspected and we intend to ease the same system to cut down on the cost and we feel the basement can be used for storage. COMMISSIONERS' COURT RDJOURNED RT 12:00 P. M. The foregoing minutes fr^om Voli_rme U, page 197 thru 244 were found to be correct and ar^e hereby appr^oved this the 11th day of December^ i99~. (SERE) /1 t pRTRICIR DYE, COUNTY ERK i~ - ' +_----- R EH RN, C~[~SSIONER F'REC # 1 ~f e ., ~_ H~LRCN Y, , COMMISSIONER F'REC #.L` R. t7EYV80N, COUNyY JUDGE FrLE1gN K. HOLEKRMF', COMMISSIONER F'REC # 3 E RR CE OEHLER,~ COMMISSIONER F~REC # 4 F'RGE 244