HomeMy WebLinkAboutMINUTES - 02231993 - 1.92-t4) 2-
TO:
TO: BOARD OF SUPERVISORS
FROM: Mark Finucane, Health Services Director
Contra
By: Elizabeth A. Spooner, Contracts AdministratorOi) Costa
DATE: February 11, 1993 County
SUBJECT: Approval of Contract #26-202-3 with Children's Hospital
Medical Center of Northern California
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Health Services Director or his designee
(Frank Puglisi) to execute on behalf of the County, Contract .#26-202-3
with Children's Hospital Medical Center of Northern California, with
a payment limit not to exceed $60, 320, for the period January 15, 1993
through January 14, 1994, for provision of neonatology services for
County's Merrithew Memorial Hospital and Clinics.
II. FINANCIAL IMPACT:
This contract is funded by Enterprise I in the Department's Fiscal
Year 1992-93 Budget and will be included in the Department's Fiscal
Year 1993-94 Budget.
III. REASONS FOR RECOMMENDATIONSZBACRGROUND:
On January 21, 1992 , the Board of Supervisors approved Contract #26-
202-2 with Children's Hospital Medical Center of Northern California
(CHMC) for the period from January 15, 1992 through January 14, 1993.
Under the terms of the agreement, CHMC provides neonatology adminis-
trative and teaching services for staff of County's Merrithew Memorial
Hospital and Clinics. In addition, CHMC is on call twenty-four hours
a day to provide neonatology services and to arrange transportation
for high risk infants to their facility. CHMC bills Medi-Cal and/or
other third party payors for the costs of patient care.
The number of deliveries at Merrithew Memorial Hospital continues to
increase, as does the percentage of high risk mothers. This service
provides additional support to staff involved in the care of newborns
and is consistent with the Department's efforts to reduce risk to the
County.
Approval of Contract #26-202-3 will continue the Contractor's services
for another twelve months.
CONTINUED ON ATTACHMENT: YES SIGNATURE a Q �
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMM ND ION OF BOARD C MMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON 3 APPROVED AS RECOMMENDED - OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Frank Puglisi, Jr. (370-5100)
CC: Health Services (Contracts) ATTESTED
Risk Management Phil Batehehor,Ck of the Board of
Auditor-Controller Supervisors and County Administrator
Contractor
M382/7-83 BY DEPUTY
Children's Hospital 9 2
O A K L A N D
NEONATOLOGY ADMINISTRATIVE & TEACHING AGREEMENT
BETWEEN
CHILDREN'S HOSPITAL MEDICAL CENTER OF NORTHERN CALIFORNIA
AND
CONTRA COSTA COUNTY
This Agreement is entered into between CHILDREN'S HOSPITAL MEDICAL CENTER
OF NORTHERN CALIFORNIA ("CHMC"), a California nonprofit corporation, and
CONTRA COSTA COUNTY ("the County") for MERRITHEW MEMORIAL HOSPITAL
("MMH"), a California political subdivision.
SECTION 1. RECITALS
(a) MMH is an acute care hospital providing care to patients in the San Francisco Bay
area including obstetric and newborn care.
(b) CHMC is an acute care hospital providing care to children in northern California
and operates a Department of Neonatology and an Intensive Care Newborn
Nursery.
(c) MMH desires to secure, and CHMC agrees to furnish, neonatologists who can
provide administrative and teaching services to the MMH nursery and clinical
services to MMH patients.
SECTION 2. PROVISION OF SERVICES
CHMC, through its Department of Neonatology, shall provide the following services to
MMH physicians, nurses, and support personnel involved in the care of newborns:
(a) Administrative,CTeaching Services
CHMC will provide the services of a licensed neonatologist for administrative and
teaching duties eight (8) hours per week, including 2 hours of travel time, not to
exceed 416 hours per year. The schedule for the provision of these services shall
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CHILDREN'S HOSPITAL MEDICAL CENTER OF NORTHERN CALIFORNIA
747 Fifty Second Street a Oakland,CA 94609 a (510)428-3000
NEONATOLOGY ADMINISTRATIVE & TEACHING AGREEMENT
CONTRA COSTA COUNTY for MERRITHEW MEMORIAL HOSPITAL
Page 2
be mutually agreed upon by MMH and the Director of the CHMC Department of
Neonatology. The neonatologists to be provided shall be subject to the approval
of the Department of Pediatrics at MMH, which approval shall not unreasonably be
withheld. During the prescribed hours he/she is present at MMH, the designated
neonatologist shall have the following administrative responsibilities:
(1) Performing review of the status of Nursery patients;
(2) Developing policies, procedures and standards for neonatal care;
(3) Providing continuing education for pediatricians and nursing staff members;
(4) Performing quality assurance, chart review, and peer review as desired by the
Director of the Nursery;
(5) Providing liaison with CHMC;
(6) Conducting interdepartmental conferences with obstetric and pediatric staff to
.promote the quality of perinatal services.
SECTION 3. STATUS OF CHMC NEONATOLOGISTS
(a) At no time shall CHMC or its neonatologist providing services pursuant to. this
Agreement be considered employees or agents of MMH for any purpose. With
respect to MMH, CHMC and all neonatologists providing services to MMH are
independent contractors. The sole interest and responsibility of MMH is to assure
itself that services covered by this Agreement shall be performed and rendered in
a competent, efficient and satisfactory manner.
(b) The neonatologists providing services pursuant to this Agreement shall be
responsible to the Medical Director of CHMC.
(c) CHMC neonatologists assigned to MMH under this Agreement shall be members
in good standing of the MMH medical staff with appropriate clinical privileges.
(d) CHMC neonatologist(s) shall maintain, throughout the term of this agreement, all
necessary insurance for services to be provided by CHMC neonatologist(s)
hereunder, including but not limited to professional malpractice liability insurance
coverage. Malpractice liability insurance shall be in an amount no less than
$1,000,000 per claim/$3,000,000 annual aggregate and shall be from a reputable
insurance company acceptable to the County.
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NEONATOLOGY ADMINISTRATIVE & TEACHING AGREEMENT
CONTRA COSTA COUNTY for MERRITHEW MEMORIAL HOSPITAL
Page 3
SECTION 4. CONFORMANCE TO APPLICABLE STANDARDS
All applicable provisions of law and other rules and regulations of any and all
governmental authorities relating to licensure and regulation of physicians and hospitals
as pertinent to this Agreement shall be fully complied with by the parties hereto. In
addition, CHMC and its neonatologists shall provide the services covered by this
Agreement in accordance with the standards and recommendation of the Joint
Commission of Accreditation of Hospitals, and the Bylaws, Rules and Regulations of the
Medical Staff of MMH.
SECTION 5. FEES
MMH will pay CHMC for the administrative and teaching services rendered by its
neonatologists at the rate of One Hundred Forty-Five Dollars ($145.00) per hour, not to
exceed Sixty Thousand Three Hundred Twenty Dollars ($60,320.00). CHMC shall submit
written demands for payment monthly. MMH shall pay all such bills within thirty (30) days
of receipt of invoice.
SECTION 6. TERM OF AGREEMENT AND TERMINATION
The term of this Agreement shall commence on January 15, 1993, and be in effect for
twelve months. The parties shall meet approximately ninety (90) days prior to the
termination date of the Agreement to discuss renewal. The Agreement may be terminated
at any time without cause by either party upon ninety (90) days prior written notice. In
the event of material breach by one parry, the parry desiring to terminate thereupon shall
give to the breaching party such notice of breach. Such notice shall identify, in specific
terms, the actual acts or omissions which constituted said breach, and the breaching
party shall be given thirty (30) days within which to cure the breach. If the breach is
cured, Agreement shall remain in effect. If breach is not cured, Agreement may be
terminated by the non-breaching party with five (5) days written notice.
SECTION 7. ASSIGNMENT
The rights, duties and obligations of the parties may not be assigned or transferred
without the express prior written consent of the other party.
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NEONATOLOGY ADMINISTRATIVE & TEACHING AGREEMENT
CONTRA COSTA COUNTY for MERRITHEW MEMORIAL HOSPITAL
Page 4
SECTION 8. COMPTROLLER GENERAL
CHMC hereby grants to the Comptroller General of the United States, Secretary of Health
and Human Services, and their duly authorized representatives access to CHMC's books,
documents and records to the extent required by Section 952 of the Omnibus Budget
Reconciliation Act of 1980 and Section 420.300 and following of Title 42 of the Code of
Federal Regulations, or such regulations as may be adopted in the future pursuant to
such statute. If CHMC provides for any of its duties under this Agreement to be carried
out through one or more subcontractors (to the extent permitted by this Agreement),
CHMC shall obtain the written undertaking of each subcontractor to make its contract,
books, documents and records available in accordance with the requirements of such
statute and regulations issued thereunder.
SECTION 9. INDEMNIFICATION
(a) CHMC shall defend, save harmless and indemnify the County and its officers,
agents and employees from all liabilities and claims for damages for death,
sickness, or injury to persons or property, including without limitation, all
consequential damages, from any cause whatsoever arising from or connected
with the operations or the services of CHMC hereunder, resulting from the
conduct, negligent or otherwise, of CHMC, its agents or employees.
(b) The County shall defend, save harmless and indemnify CHMC and its officers,
agents and employees from all liabilities claims for damages, for death, sickness
or injury to persons or property, including without limitation all consequential
damages, from any cause whatsoever arising from or connected with the
operations or the services of the County hereunder, resulting from the conduct,
negligent or otherwise, of the County or its employees.
(c) CHMC, at its sole cost and expense, shall maintain such policies of general liability
and professional liability insurance and other insurance as shall be necessary to
insure it and its employees against any claim or claims for damages arising by
reason of personal injuries or death occasioned directly or indirectly in connection
with the performance of any service provided hereunder, the use of any property
and facilities provided by CHMC, and activities performed by CHMC in connection
with this Agreement. Memoranda of the above insurance policies shall be provided
to MMH upon MMH's request.
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NEONATOLOGY ADMINISTRATIVE & TEACHING AGREEMENT
CONTRA COSTA COUNTY for MERRITHEW MEMORIAL HOSPITAL
Page 5
(d) MMH, at its sole cost and expense, shall procure and maintain such policies of
general liability and other insurance, or shall self-insure, as shall be necessary to
insure it against any claim or claims for damages arising by reason of personal
injuries or death occasioned directly or indirectly in connection with the
performance of any service by CHMC, the use of any property and facilities or
equipment provided by CHMC, and the activities performed by CHMC in
connection with this Agreement. Memoranda of the above insurance policies shall
be provided to CHMC upon CHMC's request.
SECTION 10. PATIENT BILLING
The parties acknowledge that the compensation paid to CHMC by MMH for the on-call
availability of a neonatologist does not include any compensation for any patient care
services rendered by CHMC neonatologists to MMH patients and that the CHMC
neonatologists shall bill MMH patients directly for any professional services rendered to
them pursuant to this Agreement.
SECTION 11. NO THIRD PARTY BENEFICIARIES
It is not the intention of either party that any person or entity be a third party beneficiary
of this Agreement.
SECTION 12. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding of the parties hereto with respect to
the matters discussed herein and supersedes any and all written or oral agreements,
representations or understandings whether made by the parties or others purportedly on
behalf of one of the parties. No changes, amendments, or alterations of this Agreement
shall be effective unless made in writing and signed by both parties.
SECTION 13. NOTICES
Any notice required or permitted by this Agreement shall be effective and shall be deemed
delivered upon placing it in the mail, by certified mail, return receipt requested, postage
prepaid, or upon personal delivery as follows:
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NEONATOLOGY ADMINISTRATIVE & TEACHING AGREEMENT
CONTRA COSTA COUNTY for MERRITHEW MEMORIAL HOSPITAL
Page 6
To: Administrator
Merrithew Memorial Hospital
2500 Alhambra Avenue
Martinez, CA 94553
To: Chief Executive Officer
Children's Hospital Medical Center
747 - 52nd Street
Oakland, CA 94609
"CHILDREN'S HOSPITAL MEDICAL "CONTRA COSTA COUNTY for
CENTER OF NORTHERN CALIFORNIA" MERRITHEW MEMORIAL HOSPITAL"
Harold H. Williams Frank Puglisi
Vice President & Chief Executive Officer
Chief Operating Officer
Date: Date:
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