ORDER N0, ^c7180 RpPROVRL OF CONTRRCT FOR INDIGENT HERLTH CRRE COORDINRTOR On this the 13th day of Rugust EG01, capon motion made by Commissioner Lets, seconded by Commissioner Griffin, the Court unanimously approved by a vote of 4-0-0, of contr-act for hospital-based Kerr County indigent Health Care Coordinator as amended. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred He D OFFICE: MEETING DATE: Au 13 2001 SUBJECT: (PLEASE BE SPECIFIC) County Judge TIME PREFERRED: Consider and discuss approval of contract for Indigent Health Care Coordinator. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. County Jude Contract For Hospital Based Kerr County Indigent Health Care Coordinator Sid Peterson Memorial Hospital 710 Water Street Kerrville, TX 78028 Kerr County 700 Main Kerrville, TX 78028 The purpose of the Indigent Health Care and Treatment Act and House Bi117 of the 72nd Legislature is to ensure that needy Texas residents, who do not qualify for other state or federal medical assistance programs, receive medical care. Since Kerr County, hereinafter referred to as the County, is not served by a Public Hospital or a Hospital District, the County shall provide health care assistance as prescribed under Subchapter B, section 61.022. The county is the payer of last resort. Sid Peterson Memorial Hospital, hereinafter referred to as the Hospital, desires to participate in a hospital-based cooperative program to establish an office for the Kerr County Indigent Health Care Coordinator, hereinafter referred to as the Coordinator, at Sid Peterson Memorial Hospital. Therefore, the County and the Hospital mutually agree to the terms and conditions set forth below: The Hospital agrees: A. That the primary duties of the Coordinator will be to screen or initiate applications for Kerr County Indigent Health Care Services. An example of a job description of the Coordinator is attached to this agreement. (Refer to Attachment #1.) The hospital understands that applications for public assistance must be voluntary. The Hospital cannot force an individual to apply and the process by which individuals are screened for services cannot insist that they apply for public assistance. B. To retain administrative supervision of the Coordinator. The part-time Coordinator will be an employee of the Hospital, and will comply with all requirements and responsibilities of a Hospital employee. C. To provide needed services without discrimination on the basis of race, color, national origin, age, sex, or handicap. D. To keep financial and supporting documents, statistical records, and any other records pertinent to the services provided to recipients. The records and documents will be kept for a minimum of three years after the termination of the contract 2 period, or for three years after the end of the county fiscal year in which services were provided if this contract has no specific termination date. If any litigation, claim or audit involving these records begins before the three-year period expires, the Hospital will keep the records and documents for not less than three years and until all litigation, claims or audit findings are resolved. The case is considered resolved when there is a final order issued in litigation, or a written agreement is entered into between the County and the Hospital. Contract period means the beginning date through the ending date specified in the original agreement/contract; extensions are considered to be separate contract periods. E. To provide office space for the Coordinator, along with a telephone, a desk, a desk chair, two side chairs, an adding machine if necessary, filing cabinets and clerical supplies necessary for the Coordinator to discharge his/her responsibilities. F. That in the absence of the Coordinator, Social Services staff will provide applications and set up appointments for individuals as needed. G. That Social Services Director will hire and train a person to fill the position of County Indigent Health Care (CIHC) Coordinator. It is agreed and understood that the employee/employer relationship exists between the Hospital and the Coordinator and all benefits, rights and employee-employer responsibilities will rest with the Hospital. Such individual would be assigned to the Public Health Region 8 Resource Coordinator for technical training and CIHC supervision. H. To bill the County for hours worked on a monthly basis and allow a maximum 30 days for forwarding of payment. I. To manage/maintain the service in accordance with all laws, ordinances, regulations, and rules of federal, state and local authority and within the requirements of the Joint Commission on Accreditation of Health Care Organizations. J. To hold and save Kerr County free from any liability ensuing from the hospital's and coordinator's employee/employer relationship. The County agrees: A. To provide the Coordinator with support services of the County auditor in resolving reimbursement issues with providers. B. To provide the Coordinator with support services of County Judge and County Attorney in addressing concerns of applicants who disagree with the guidelines of the program. C. To reimburse the Hospital 50% of the actual cost of the Coordinator. This will include base salary plus FICA at 7.65% and Benefits at 14.35 %. D. To contract with a billing service who will process reimbursement to providers. The Hospital and the County mutually agree: A. To preserve the confidentiality of and to not disclose any information that is sensitive, confidential and proprietary in nature to any third party without the express written consent of the other party or pursuant to lawful process. 3 B. Tha[ should either party breach this contract, the non-breaching party may, at their option, terminate this contract immediately without prior notice. C. That this contract may be cancelled at any time by mutual agreement, or if not by such agreement, either party may cancel this contract at any time by giving sixty (60) days written notice in advance to the other party. D. The terms of the contract shall be one year cotnmencing on the effective date. ~~ y. Provided that funds are currently available from the county, the contract shall be automatically renewed and extended for additional one-year periods on any anniversary thereof unless amended or cancelled by written notice given by either party as stated in (B or C) above. E. That the terms and provisions of the agreement shall be interpreted and governed by the laws of the State of Texas. In the event that federal or state laws or other requirements should be amended or judicially interpreted so as to render continued fulfillment of this contract, on the part of either party, substantially unreasonable or impossible, or if the parties should be unable to agree upon modifying amendments which should be needed to enable the substantial continuation of the services contemplated herein because of such amendments or judicial interpretations, the parties shall be discharged from any further obligations created under the terms of this contract, except for the equitable settlement of the respective accrued interests or obligations incurred up to the date of termination. F. That jurisdiction for any dispute under [his agreement will be with the appropriate courts of Kerr County, Texas. n / The effective date of this contract is ~g ~~ ~ Sid Peterson Memorial Hospital Kerr County -~ Patrick Murray, CEO Fred L. Henn ke, County Judge