HomeMy WebLinkAboutIL128 Interlocal Agreement AGREEMENT FOR MEDICAL SERVICES
PARTIES
The Parties to this Agreement are:
1. The CITYOF ANACORTES, WASHINGTON, a municipal corporation of the State of
Washington, hereinafter referred to as"the CITY"; and
2. SKAGIT PUBLIC HOSPITAL DISTRICT NO. 1, a public hospital district organized
under Chapter 70.44 RCW,hereinafter referred to as "the HOSPITAL".
WITNESSETH THAT:
WHEREAS, The CITY is in need for the provisions of medical services required and governed under
state law for inmates and certain detainees of the Anacortes Police Department; and
WHEREAS, The HOSPITAL represents that they are in all respects qualified to and capable of
performing said medical services,
WHEREAS, It is the intent of this Agreement that all inmates receive appropriate and cost-effective
emergency and necessary medical care.
NOW, THEREFORE,the Parties hereto do mutually agree as follows:
AGREEMENT
1. DEFINTIONS
The following definitions shall apply:
"HOSPITAL" shall mean Skagit Public Hospital District No.1, including but not limited to any
physician group, affiliate, subsidiary, annexed and off site medical provider, or any other medical
provider which is utilized or arranged to provide services under this Agreement.
"Inmate" shall mean any person effectively in custody when arrested and under the supervision
of law enforcement officers,whether or not a jail or other correctional facility has booked and
formally accepted custody.
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"Jail" shall mean any holding, detention, special detention, or correctional facility
2. CONTRACTUAL RELATIONSHIP.
A.It is agreed by and between the parties that this Agreement shall not constitute nor create an
employer-employee relationship, and since the HOSPITAL is an independent contractor, the
HOSPITAL shall be responsible for all obligations relating to federal income tax,self-employment FICA
taxes and contributions, and all other so called employer taxes and contributions, including, but not
limited to, industrial insurance (Workmen's Compensation), and that the HOSPITAL agrees to
indemnify, defend and hold the CITY harmless from any claims, valid or otherwise, made to the CITY,
because of these obligations.
B. Any and all employees of the HOSPITAL, while engaged in the performance of any work
under this Agreement, shall be considered employees of only the HOSPITAL and not employees of the
CITY. The HOSPITAL shall be solely liable for any and all claims that may or might arise under the
Worker's Compensation Act on behalf of said employees or the HOSPITAL, while so engaged and for
any and all claims made by a third party as a consequence of any negligent act or omission on the part of
the HOSPITAL's employees,while so engaged on any of the work
C. The HOSPITAL shall comply with all applicable provisions of the Fair Labor Standards Act,
the Federal Health Insurance Portability and Accountability Act (HIPAA), state medical privacy laws,
and other legislation affecting its employees, operations and services, and the rules and regulations issued
thereunder insofar as applicable to its employees and shall at all times save the CITY free, clear and
harmless from all actions, claims, demands and expenses arising out of said act, and rules and regulations
that are or may be promulgated in connection therewith.
D. The HOSPITAL assumes full responsibility for the payment of all payroll taxes, use, sales,
income, or other form of taxes (such as state and, City business and occupation taxes), fees, licenses,
excises or payments required by any city, federal or state legislation which are now or may during the
term of the Agreement be enacted as to all persons employed by the HOSPITAL and as to all duties,
activities and requirements by the HOSPITAL in performance of the Work and the HOSPITAL shall
assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or
regulations that are now or may be promulgated in connection therewith.
E. The HOSPITAL is not considered to be an employee of the CITY for any purpose, and neither
the HOSPITAL nor any employee of the HOSPITAL shall be entitled to any of the benefits the CITY
provides for the CITY'S employees, including but not limited to health insurance, sick or annual leave, or
worker's compensation. The HOSPITAL specifically represents and stipulates that it is engaged in the
profession and business of providing the services as set forth in this Agreement and that it has registered
to do business in the State of Washington and CITY OF ANACORTES and pays all necessary taxes and
assessments levied against such business. It is understood that the CITY does not agree to use the
HOSPITAL exclusively. It is further understood that the HOSPITAL is free to contract for similar
service to be performed for others while he/she is under contract with the CITY.
3. SCOPE OF SERVICE.
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The HOSPITAL shall do, perform, and carry out in satisfactory and proper manner the services
set forth in this Agreement. The HOSPITAL agrees to perform such medical services set forth
in this Agreement in accordance with generally accepted standards and shall use that degree of
care and skill to comply with all applicable federal, state, and local laws,regulations, rules and
ordinances now in force of that may hereinafter be enacted or promulgated. None of the work or
services covered by this Agreement shall be subcontracted at different rates than what is set forth
in Section 5 of this Agreement without prior written approval of the CITY.
4. SERVICES TO BE PROVIDED BY HOSPITAL.
The HOSPITAL shall perform or arrange for emergency or necessary health care and related
medical services ("Services")needed for inmates in a manner consistent with accepted practices
for other similar medical services. Such services shall include:
A. Inpatient, outpatient, preventive, diagnostic, laboratory, mental, and rehabilitative
services provided by licensed health care professionals and/or facilities when necessary; such
care to include providing prescription drugs when necessary;
B. Necessary screening and testing for fitness of inmates yet to be placed into the Skagit County
jail or other jail facilities; and
C. Maintaining patient records as required by law; and
D. HOSPITAL shall employ reasonable efforts to, as part of the screening process, obtain general
information concerning the inmate's ability to pay for medical care, including all pertinent
health care coverage information such as any private, primary, or secondary health plans, state
or federal coverage or eligibility, or other medical benefits or resources to which an inmate is
entitled. Reasonable efforts shall not include efforts which carry a risk of reasonably
foreseeable disruption to HOSPITAL operations or reasonably foreseeable harm to the safety of
patient or HOSPITAL staff; and
E. Reimbursement billing procedures that first seek reimbursement from all other health care
coverage or medical benefits or resources the inmate may have, including federal or state
coverage if applicable, prior to billing the CITY under the negotiated rates set forth in Section
5.
• 5. PAYMENT AND BILLING PROCEDURES:
A. In the event an inmate is ineligible for medical benefits as set forth in Subsection 4 E above,the
CITY will pay for Services provided at fifty five percent(55%) of standard billed charges as
full compensation for services rendered; provided however, all outpatient prescription drug
services shall be provided at the rate as agreed between the County and Skagit Regional Clinics
(formerly Skagit Valley Medical Center) set forth in the contract award letter dated March 16,
2001 attached hereto and incorporated herein by this reference so long as such agreement
remains in effect. In the event another agreement for prescription services is reached between
Skagit County and/or the City and HOSPITAL that agreement shall control; otherwise all other
outpatient retail prescription drug services shall be billed at cost plus fifteen dollars ($15.00).
Direct billing shall occur pursuant to billing procedures set forth in Subsection B below. Direct
billing payment pursuant to billing procedures set forth in Subsection B below shall be in thirty
days after receipt of proper invoice.
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B. The HOSPITAL shall bill the CITY directly for any services provided under this Agreement arranged
and provided while an inmate is effectively in custody and under the supervision of CITY law
enforcement officers prior to booking and formal acceptance into Skagit County jail or other correctional
facility. Services provided while a CITY inmate is incarcerated in the Skagit County Jail or other
correctional facility shall be billed,pursuant to RCW 70.48.130,to the governing unit responsible for the
operation, supervision, and maintenance of the facility as defined by RCW 70.48.020 at the rate set forth
in Subsection A above subject to further agreement by governing unit and the HOSPITAL. The
governing unit shall,in turn, seek reimbursement with the CITY.
6. TERMINATION OF CONTRACT.
The HOSPITAL or the CITY may terminate this Agreement without cause at any time by giving
written notice to the other of such termination and specifying the effective date thereof at least
ninety(90) days before the effective date of such termination.
In the event of a breach of this Agreement by either party,the non-breaching party may terminate
this Agreement by giving thirty(30)days notice to the breaching party. Notice shall specify in
detail the nature of the alleged breach. If the breach is not cured within a thirty(30) day period,
then the date of termination shall be the date set forth in the notice of termination.
7. ASSIGNABILITY.
The HOSPITAL shall not assign any interest in this contract and shall not transfer any interest in
the same (whether by assignment or novation)without the prior written consent of the CITY
thereto: however, claims for money due, or to become due, to the HOSPITAL from the CITY
under this contract may be assigned to a third party engaged in such medical billing practices
without approval. Notice of any such assignment or transfer shall be furnished promptly to the
CITY.
8. TRANSPORTATION
The CITY shall provide or arrange for transportation of an inmate to and from HOSPITAL
facilities to receive necessary medical services.
9. PROFESSIONAL LIABILITY.
The CITY will defend, indemnify, and save harmless,the HOSPITAL, its elected and appointed
officers, deputies and employees from and against any damage,cost,claim,or liability arising out
of this Agreement, attributable to the negligent acts or omissions of the CITY its officers,
employees, or agents.
The HOSPITAL will defend, indemnify and save harmless, the CITY, its elected and appointed
officials and officers, employees and insurers from and against any damage, cost, claim, or
liability arising out of this Agreement attributable to the acts or omissions of the HOSPITAL, its
employees or agents.
The HOSPITAL shall provide and maintain professional liability policy or other similar
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coverage to cover medical services rendered.
10. NOTICE
All notices and payments hereunder shall be delivered or mailed. If mailed,they shall be sent to the
following respective addresses:
To City of Anacortes To Skagit Hospital District No. 1
PO Box 547 P.O. Box 1376
Anacortes, WA 98221 Mount Vernon, WA 98273-1376
Attn: Steve Hoglund, Finance Director Attn: Tamara Cesena, Finance
or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing.All notices and payments mailed by regular post(including first class) shall be
deemed to have been given on the second business day following the date of mailing, if properly
mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to
have been given on the day next following the date of mailing, if properly mailed and addressed.
For all types of mail,the postmark affixed by the United States Postal Service shall be conclusive
evidence of the date of mailing.
11. MISCELLANEOUS PROVISIONS
A. Waiver. Any waiver by the HOSPITAL or the CITY or the breach of any provision of this
Agreement by the other party will not operate, or be construed, as a waiver of any subsequent
breach by either party or prevent either party from thereafter enforcing any such provisions.
B. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be Skagit
County.
C. Severability. If any term in this Agreement shall be found invalid,the remainder of this
Agreement shall not be affected thereby, and each remaining term shall be valid and shall be
enforced to the fullest extent permitted by law.
D. Counterparts. The parties may execute this Agreement in counterparts, each of
which is deemed an original and all of which shall constitute one original.
E. Captions/Headings. The captions or headings in this Agreement are made for
convenience and general reference only and should not be construed to describe or limit
the scope or the intent of the provisions of this Agreement.
F. Authorship/Interpretation. This Agreement has been drafted by counsel as a
convenience to the parties only and shall not, by reason of such action, be construed
against the party represented by the drafting counsel.
G. Unless otherwise specifically provided herein, no separate legal entity is created
hereby, as each of the parties is contracting in its capacity a municipal corporation or
special purpose district duly organized under the laws of the State of Washington.
H. This is the entire Agreement between the parties, and by signing each party indicates having
read and understood it.
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The CITY OF ANACORTES Skagit Public Hospital District No. I
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Dean Maxwell, Mayor Date Date
Approved as to form:
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Carol Yates, Ie,gal Secretary Date
Countersigned:
Steve Hoglund, Finance Director Date
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