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1988-060-RES WHEREAS, the City Council requested to participate in between the Paris-Lamar County Lamar, Texas; RESOLUTION NO. 88-060 WHEREAS, the City Council requested to participate in between the Paris-Lamar County Lamar, Texas; and of the City of Paris has been an Indigent Care Agreement Health Unit and the County of WHEREAS, the form of agreement to provide such service is attached hereto as Exhibit A; NOW, THEREFORE, BE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Indigent Care Agreement upon the terms and conditions stated in the agreement attached hereto as Exhibit A, between Paris-Lamar County Health Unit and the County of Lamar is hereby approved and that the Mayor of the City of Paris, Eric Clifford, be, and he is hereby authorized and directed to execute on behalf of the City of Paris the Indigent Care Agreement between Paris-Lamar County Health Unit and the County of Lamar, Texas, in the form of Exhibit A attached hereto. Passed and adopted this 13th day of June, 1988. ~> Er~c ~ 0 , ayor ATTEST: ~~~)~~~~ Mattie unning am, City C er ~-:::::-:> ttorney Approved by the Commissioners Court of Lamar County, Texas, by ption of the above Resolution on the It day of , 1988, as r ted in Book :111 Page t e Minutes of said mmis ers Court. ---- , County Judge Tpx.q~ INDIGENT CARE AGREEMENT THIS AGREEMENT is entered into on the 25th day 1988, by and between Paris-Lamar County Health Unit Unit") and Lamar County, a political subdivision of the Texas (County). of' May, ("Health State of RECITALS 1. The City of Paris (City)/County of Lamar (County) owns and operates a health facility known as Paris-Lamar County Health Unit ("The Health Unit"). 2. County desires to assure the availability to Eligible Residents of Health Care. The Health Unit is willing to provide at the Health Unit, Health Care to Eligible Residents upon the terms and subject to the conditions set forth herein. It is the intent of the County to provide by this contract for some of the health care services that it is required to provide to Eligible Residents under the provisions of the Indigent Health Care and Treatment Act, article 4438f, Tex. Rev. Civ. Stat. Ann. (1985), (the "Act"). Therefore, the parties hereto agree as follows: Section 1 Definitions. 1.01 Health Care. The Term "Health Care" means any type of services or products rendered or provided by a health facility to a person on an outpatient basis, including, but not limited to, drugs, supplies, laboratory, physician services and other ancillary services. Eligible Resident. The term "Eligible Resident" means any person who (i) is classified by Lamar County as an indigent, and (ii) is a Resident of Lamar County and does not reside within an area that a public hospital or hospital district has a legal obligation to serve. This definition is adopted solely for purpose of providing Indigent Care under this Agreement to persons eligible for such services under the Act and does not constitute a definition of "Eligible Resident" or "Pauper" for any other purpose. Persons eligible for Health Care under the Medicaid, Medicare, or any other gove~nmental program are not Eligible Residents for the purposes of this Agreement. Indigent Care. The term "Indigent Care" means Health Care which under state law is the Responsibility of Lamar County and is provided to Eligible Residents who (i) are classified by Lamar County as indigent, and (ii) are Residents of the County. 1.02 1.03 EXHIBIT A 1.04 Emergency Services. The term "Emergency Services" means those health services which must be provided immediately to sustain a person's life, to prevent serious permanent disfigurement or loss or impairment of the function of a bodily member or organ, or to provide for the care of a woman in active labor. 1.05 Resident. The term "Resident" shall have the same meaning as is set out at section 1.03 of the Act. 1.06 Working Days. The term "Working Days" means normal working business days, i.e., Monday through Friday of each calendar week, exclusive of county holidays. 1.07 Mandated Provider. The term "Mandated Provider" means a provider of Health Care selected by the County that agrees to provide Indigent Care to Eligible Residents. 1.08 AFDC. The term "AFDC" means the Aid to Families with Dependent Children program administered by the Texas Department of Human Services under Chapter 31, Human Resources Code. 1.09 General Revenue Levy. The term "General Revenue Levy" means the property taxes imposed by a county that are not dedicated to the construction and maintenance of farm-to-market roads or to flood control under Article VIII Section I-a, of the Texas Constitution, or dedicated to the further maintenance of the public roads under Article VIII Section 9, of the Texas Constitution. 1.10 County Auditor. The term "County Auditor" means the Lamar County Auditor, the person performing the duties of the County Auditor as provided in article 1645, et seq, Tex. Rev. Civ. Stat. Ann. 1.11 SSI. The term "SSI" means the Supplemental Security Income program for the aged, blind and disabled, administered by the Department of Health and Human Services under 42 U.S.C.A. 1381 - 1383c (West 1983 and Supp. 1985). 1.12 Eliijibility Document. The term "Eligibility Document shall mean the identification card, certificate, or other document issued -by the County to an Eligible Resident as evidence of that person's eligibility for Indigent care. -2- Section 2 Terms of Agreement. 2.01 Term. The term of this Agreement '. shall commence on the 25th day of May, 1988, and shall continue in full force and effect through September 30, 1988. This Agreement may be renewed for a one (1) year term by County giving written notice at least 90 days prior to the end of the original term to City and Health Unit and no objection being delivered to County on or before 60 days prior to the end of the original term by City or Health Unit. 2.02 Termination. Either Agreement by giving sixty the other party. party may terminate this (60) days written notice to Section 3 Mandated Provider. The Health Unit agrees that it will be a Mandated Provider of the County for the purposes of providing Eligible Residents Indigent Care, that it will provide such services in accordance with this Agreement, and that it will comply with all requirements for such provider set out in the Act and in this Agreement. A copy of the Act as it currently exists is attached as Exhibit A and is incorp- orated by reference herein solely for the convenience of the parties and is not intended to supersede any subseq~ent amendment to the Act. If an irreconcilable conflict ar~ses between the Agreement and the Act, then this Agreement shall control. Section 4 Order. Care to be Provided Pursuant to a Physician's The Health Unit agrees that any services billed to County under this Agreement will have been medically neces- sary and provided by, or pursuant to the orders of a physi- cian licensed by the State of Texas who has stated that the services were medically necessary. Compliance with this section will be certified in writing to the County with each bill for services. Section 5 Notice Requirements. The Health Unit agrees to post at the Health Unit all public notices provided by the County concerning the avail- ability of mandatory services as required under Section 2.04 of the Act. Provided, however, that if Section 2.04 of the ct is amended to require additional or different notice, The Health Unit will post such additional notices as furnished by County. The Health Unit further agrees to make reason- able efforts to communicate the contents of the posted and written individual notices to persons the Health Unit has reason to believe cannot read the notice. -3- Section 6 -- Services to be Provided. 6.01 Provision of Indigent Care. The HeaLTH Unit agrees that as a Mandated Provider it shall provide Indigent Care (Health Care) to all Eligible Residents subject to the terms and conditions of this Agreement and subject to the exclusions from and the limitations on health care services listed in the rules promulgated by the Texas Department of Human Services (40 Tex. Admin. Code 14.201 and 14.202) as they currently exist or may hereafter be amended. 6.02 When Services Requested Are Not Covered by this Agreement. If a prospective patient requests health care services that are not covered by this Agreement and claims to be unable to pay for the services requested, the Health Unit shall refer the person to the proper MaNDATED Provider, or the appropriate provider designated by the County, unless it is medically inappropriate to do so; any of which shall be at County expense. Section 7 -- Procedure for Providing Services. 7.01 Non-Emergency Service. The County will make a determination of the eligibility of prospective patients to receive Indigent Care under this Agreement in the case of all requests for non-emergency transfers to Health Unit. The Health Unit shall not provide non- emergency Indigent Care to Eligible Residents without prior approval in writing from the County. Before providing non-emergency Indigent Care under this Agreement, the Health Unit shall require the prospec- tive patient to present a valid Eligibility Document issued to the prospective patient by the County. The Health Unit shall not provide non-emergency Indigent Care under this Agreement unless the prospective patient presents a valid Eligibility Document and shall use its best efforts, such as by requesting an addi- tional source of identification, to verify that the person present an Eligibility Document or for whom an Eligibility Document is ~~sented is the person listed on the document. (a) Persons With Eli ibilit Documents and Count PErova . t e prospect~ve pat~ent presents a valid Eligibility Document and the County has approved in writing the provision of non-emergency care to the prospective patient, then the Health Unit shall provide Indigent Care in accordance with the provisions of this Agreement and may bill the County for such services. -4- (b) Persons Without Eligibility Documents and County Approval. If a prospective patient who has not been approved for services and does not possess an Eligibility Document requests non-emergency services but claims to be unable to pay, the Health Unit shall provide that person with an application form (which the County will provide to the Health Unit), shall refer that person to the County for processing of the application for assistance, and shall not provide any services under this Agreement. 7.02 Emergency Services. (a) Persons with Eligibility Documents. If the Health Unit provides emergency services to a patient who possesses an Eligibility Document, the Health Unit shall use its best efforts, such as by requesting an additional source of identification, to verify that the person presenting an Eligibil- ity Document or for whom an Eligibility Document is presented is the person listed on the document. The Health Unit may bill the County for the emergency services provided in accordance with the provisions of this Agreement. Section 8 -- Billing. 8.01 Presentation of Bill. By the tenth working day after the end of each month during the term of this Agreement, the Health Unit shall submit to the County Treasurer of Lamar County, a bill (the "Bill") for Indigent Care provided to Eligible Residents during that month. The County shall not be responsible for payment of Bills presented more than ninety (90) days after the date of service. The Bill shall be itemized to identify the Eligibility Document number of each patient to whom services were provided, the type of service provided, the date or dates when service was provided, the Medicaid code number and rate for such service, and such other information as the County may from time to time request. Along with each Bill submitted, the Health Unit shall submit a monthly activity report reflecEtng services provided by category on a form provided by the County. -5- 8.02 Approval of Bill. After review, the County Judge shall submit his recommendations to the County Auditor for audit, approval and presentation to the Lamar County Commissioners Court. The Bill will be presented at the next regularly scheduled meeting- of the Commissioners Court after the submission of the Bill by the County Auditor. Bills submitted shall be approved by the County Auditor and the Commissioners Court prior to payment. In the event that any Bills submitted by the Health Unit to the County should contain charges which the County believes may not be eligible for reimbursement, the County shall pay the portion of the Bill which is not disputed. Payment of the approved portion of the Bill shall be made within 30 working days of the Commissioners Court meeting at which payment is approved. 8.03 Disputed Bills. If the County determines, in good faith, that a patient for whom the Health Unit has billed County was not an Eligible Resident pursuant to this Agreement or that services billed are not covered by this Agreement, the County Judge shall notify the Health Unit of this determination within thirty (30) days of presentation of the Bill. - Within twenty (20) days after the end of each calendar quarter, the City Manager of the City of Paris, the Administrator of the Health Unit and the County Judge shall meet to negoti- ate the amounts in dispute. Amounts agreed upon shall be presented and paid as provided for in this Section. Amounts still in dispute thirty (30) days after the first meeting between the City Manager, Administrator of the Health Unit and the County Judge shall be submitted to a vote of the Health Units Board which decision shall accepted by County and final. 8.04 Disallowance of Bills. Except as provided in Sections 7, 10 and 11 and except in cases of fraud, misrepresentation or clerical error, the County shall have the right to disallow payments to the Health Unit only if the patient for whom the Health Unit submits a bill to County is not an Eligible Resident as that term is defined in this Agreement or if the services provided are not covered by this Agreement. Section 9 -- Compensation. '. 9.01 pa~ent Standard for Indi~ent Care. The County is lia le for paying for Indigent Care Services provided under this Agreement at 100 percent of the rates referenced below established by the Department of Human Services as the payment standard for mandatory services as set forth in the regulations adopted under the Act, 40 T.A.C. 14.203: -6- (a) The standard of outpatient health care is 100 percent of the Health Unit's interim rate for allowable services as established by the Depart- ment of Human Services, multiplied by the. amount billed by the Health Unit for allowable services. (b) The payment standard for those laboratory and x-ray services identified by the Department of Human Services as the most commonly performed procedures in the Medicaid Program is 100 percent of the average Medicaid payment for the procedure. If a procedure allowed as a mandatory service under the Act and the regulations promulgated thereunder is performed that the Department of Human Services has not so identified, County will pay 100 percent of the amount billed, if the provider certifies in writing that the billed amount is consistent with the amount the provider charges all other patients for the procedures. (c) County will reimburse for prescription drugs at an amount equal to 100 percent of the Redbook whole- sale price minus 12%, plus the basic dispensing fee of $2.75 established by the Department of Human Services. Provided, however, if the regulations promulgated by the Department of Human Services for payment of manda- tory services are changed subsequently to require additional or different payment standards, such addi- tional or different standards shall, at the County's option, be used as the payment standard under this Agreement. 9.02 County as Payor of Last Resort. the payor of last resort. 9.03 Third-Party Payors. The Health Unit shall attempt to ascertain whether a person seeking Indigent Care at the Health Unit is eligible for participation in the Medicaid, Medicare. or any other governmental program or for coverage by any other third-party payors. The County is (a) If it is determined--by the Health Unit that a patient may reasonable be eligible for such coverage, then the Health Unit shall direct that patient to the appropriate agency or to the County for assistance in preparing and presenting his application for coverage. -7- (b) If a patient is later determined to be eligible for Medicare, Medicaid, or any other governmental program, amounts received by the Health Unit from Medicare, Medicaid, or any other governmental program for treatment of that patient since the date of determination shall be returned to the County to the extent that payments were made from the County to the Health Unit. 9.04 Limitations on County's Liability for Payment. (a) The County's liability for payment for Indigent Care provided by the Health Unit is subject to the limitations set forth in section 14.204 of the rules promulgated under the Act, as they now exist or may hereafter be amended, which include but are not limited to the provision that County liability for services is limited to (1) payment for a total of 30 days cumulative) in the County fiscal year for Health Unit and/or skilled nursing facility care, or a com- bination of both, or a maximum payment of $30,000 for all mandatory services provided by all providers to an eligible county- -resident, whichever comes first; (2) a maximum liability for all services and payments to all providers in anyone state fiscal year equal to ten percent (10%) of the County's General Revenue Levy; and (3) payment for nonphysician services to providers who certify in writing that the services provided were ordered by a physician licensed by the State of Texas. (b) In computing the amounts the Health Unit will bill County for Indigent Care, the Health Unit may not include the following: (1) any who not amount for services provided is not an Eligible Resident covered by this Agreement; to for a person services (3) any amount for services with respect to which the procedures - set forth in Sections 7-10 were not followed by the Health Unit; any amounts for services provided by Health Unit in a period during which person's Eligibility Document indicates the person is ineligible for Indigent and the the that Care; (2) -8- (4) any amount for services provided to a person after the County has notified the Health Unit in writing that such person's Eligibility Document is no longer valid. If a prospec- tive patient presents an Eligibility Document which the Health Unit has been notified by the County is invalid, the Health Unit shall request the holder of the Eligibility Docu- ment to surrender it and shall send any such surrendered documents to the County. Section 10 -- Insurance. The parties agree that the Health Unit shall be an independent contractor as to this contract and that the Health Unit shall purchase and maintain such professional liability insurance as will protect it from any' claims arising out of an incident to the services provided by or on behalf of the Health Unit. Section 11 -- Health Care Policy. 11.01 The Health Unit shall, at the County's option, request an Eligible Resident receiving- Indigent Care under this Agreement to contribute a nominal amount, as defined by the County, toward the cost of Health Care. However, the Health Unit may not deny or limit assistance if the Eligible Resident is unable, or refuses, to make a contribution. Any amount received from an Eligible Resident shall be remitted to the County along with the next monthly bill for services submitted to the County. 11.02 The Health Unit agrees to make available Health Unit services to all persons without discrimination on the grounds of race, color, national origin, or creed. Section 12 -- Transfer. 12.01 an to When Health Care is necessary for the treatment of Eligible Resident, Health Unit may refer the patient an appropriate Health Care facility. 12.02 Transtortation. Transportation of the patient to the Hea th Unit shall be-a~ranged by the patient. Section 13 -- Legal Action. This Agreement shall not restrict in any way the Health Unit's right to pursue any recourse it may have, including, but not limited to, legal action, against any persons who are not Eligible Residents for amounts owed to the Health Unit as a result of Health Care provided. -9- Section 14 -- Amendment. This Agreement shall not be amended or modified other than in a written agreement signed by all parties hereto. . Section 15 -- Controlling Law. This Agreement shall governed by and construed the State of Texas. be deemed to be in accordance with, made under, the laws of Section 16 -- Notices. All communications provided for hereunder shall be in writing and shall be deemed to be given when delivered in person or deposited in the United States Mail, first class, registered or certified, return receipt requested, with proper postage prepaid and addressed as follows: (a) if to the Health Unit, addressed to: Anthony Bethel, Administrator Paris - Lamar County Health Unit 740 S.W. 6th Street Paris, Texas 75460 (b) if to County, addressed to: Mrs. Latricia A. Miller County Treasurer Second Floor Lamar County Courthouse Paris, Texas 75460 or to such person time be specified Section 20. at such other address as may from time to in a notice given as provided in this Section 17 -- Captions. The headings to the various sections of this Agreement have been inserted for convenient reference only and shall not modify, define, limit, or expand the express provisions of this Agreement. Section 18 -- Counterparts. This Agreen:ent may be executed in counterparts, each of which, when taken separately, shall be deemed an original. Section 19 -- Assignability. Neither this Agreement nor any duties or obligations hereunder shall be assignable by the Health Unit without the prior written consent of the County. -10- Section 20 -- Obligations as Condition, All obligations of each party under this Agreement are conditions to further performance of the other 'party' s continued performance of its obligation under the Agreement. Section 21 -- Exclusive Right to Enforce this Agreement. The County and the Health Unit have the exclusive right to bring suit to enforce this agreement, and no other party may bring suit, as a third-party beneficiary or otherwise, to enforce this Agreement. Section 22 -- Compliance with Act and Regulations. The Health Unit agrees to comply with all requirements of the Act and to cooperate with the County in order to facilitate the County's compliance with such requirements. Section 23 -- Review of Indigent Health Care Fund Expenditure. The Paris-Lamar County Health Board agrees to provide review of Indigent Health Care Funds. IN WITNESS w~REOF, the parties hereto have executed this Agreement as of the day and year first above written. PARIS-LAMAR COUNTY HEALTH UNIT By Ann Norment, Chairman ATTEST: Dr. Bert Strom, Secretary CITY OF PARIS By Eric Clifford, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: T. K. Haynes City of Paris, Attorney -11-