HomeMy WebLinkAboutMINUTES - 06231998 - C147 TO: Board of Supervisors
CONTRA
FROM: Tony Enea, Senior Deputy County Administrator COSTA
DATE: June 23 1998 a�" x COUNTY
SUBJECT: Adjustment of medical account# 71317515
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RE!QOMMENDATIt7N(S):
Pursuant to Health and Safety Code section 1473, approve the attached settlement agreement and adjust
the outstanding account for hospital services of James W. Bones from $158,634.21 to $30,000.00 subject
to Mr. Bones' compliance with payment agreement . Authorize the Senior Deputy County Administrator
to execute on behalf of the County an agreement establishing payment schedule for the reduced amount
and providing that County may sue to recover entire original amount if Mr. Bones fails to make payments
as required under agreement.
BACKGRQUNDIREA QN(S) FOR RECOMMENDATIQN(S):
FINANCIAL. IMPACT
County will receive $30,000.
REASONS FOR RECOMMENDATION
To recover monies owed for hospital services.
B.AQKGROUND
The Office of Revenue Collection has determined that Mr. Bones lacks sufficient assets and ability to'pay
the entire amount of his outstanding medical debt and has no relatives who are legally responsible for
the debt. Mr. Bones will borrow money from relatives to settle the debt.
CONTINUED ON ATTACHMENT: -x—YES SIGNATURE: E�-r
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)'
ACTION OF BOARD ON JUN 2 3 1998 APPROVED AS RECOMMENDED N`OTHER
VOTE OF SUPERVISORS:
1 HEREBY CERTIFY THAT THIS IS A
� UNANIMOUS(ABSENT 1 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT:— ABSTAIN: ON THE MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTED: JUN 2 3 1995
PHIL BATCHELOR,CLERK OF
THE BOARD OF SUPERVISORS
Contact: AND COUNTY ADMINISTRATOR
cc: County Counsel
County Administrator
Office of Revenue Collection
Auditor
fs F _
f"
BY A i$ifl j, A, 4f ,DEPUTY
HAFBENTIMASTERSWORDER }
SETTLEMENT AGREEMENT AND RELEASE
WHEREAS,the County of Contra Costa,California,hereinafter"County", has made certain claims
against James W. Bones,hereinafter"Bones",for medical services furnished Bones by Contra Costa County
Merrithew Memorial Hospital and Clinics;
WHEREAS,the parties hereto desire to fully and completely resolve all matters involving or in any way
related to the medical billing claims by County against Bones;
NOW,THEREFORE, in consideration of the terms and representations contained herein the parties
agree as follows:
1. In consideration of County's representations as set forth hereinbelow,Bones agrees to pay to County
contemporaneously with the execution of this Agreement the sum of$15,000.00. Furthermore,Bones agrees to
pay to County the further sum of$15,000.00 on or before a date six months from the date hereof. If said further
payment of$15,000.00 is not made within said six month period,this settlement agreement shall be null and void
and County may take such action as it deems proper to obtain the full amount($158,634.21)of its claim against
Bones. Bones also hereby Nvaives any defense he may have to such claim by any statue of limitations.
2. Except as provided in paragraph 1, County,for itself,as well as for its employees,agents,predecessors,
successors, heirs and assigns,hereby forever releases,acquits,and discharges Bones and his employees,agents,
representatives,predecessors,successors,executors,administrators and assigns,from any and all claims,demands,
causes of action and liabilities of any kind,whether in law or in equity,or otherwise,whether known or unknown,
which the County has,ever had,or hereafter may have,by reason of any acts,omissions or occurrences,either
directly or indirectly connected with the subject matter of this Agreement,specifically,Bone's failure to pay the
County's for medical services previously furnished Bones at Contra Costa Merrithew Memorial Hospital and
Clinics prior to June 1, 1997.
3. County agrees that it has,has had,or may have claims against Bones,his officers,employees,agents,
representatives or assigns, relating to the subject medical services,of which at the time of the execution of this
Agreement it has no knowledge or suspicion. County agrees that this Agreement is specifically intended to and
does extend to any and all claims in any way based on or related to the subject medical services provided prior to
June 1, 1997,whether or not known,claimed or suspected by County. As further consideration for Bones entering
into this Agreement. as to medical services provided prior to June 1. 1997. County,on behalf of itself,its
employees,agents,predecessors,successors,executors,administrators, heirs or assigns expressly waives as against
Bones,his employees,agents,successors,assigns and subsidiaries the benefit of Section 1542 of the California
Civil Code which provides:
"A general release does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release,which if known by him must have materially effected
his settlement with the debtor."
4. Bones,for himself,as well as for his employees,agents,predecessors, successors, heirs,and assigns,
hereby forever releases,acquits,and discharges County and its employees,agents, representatives,predecessors,
successors,executors,administrators and assigns,from any and all claims,demands,causes of action and liabilities
of any kind,whether in law or in equity,or otherwise,whether known or unknown,which Bones has,ever had,or
hereinafter may have,by reason of any acts,omissions or occurrences,either directly or indirectly connected with
the subject medical services of this Agreement, specifically, medical services furnished Bones prior to June 1,
1998 at Contra Costa County Merrithew Memorial Hospital and Clinics.
5. Bones agrees that he has, has had,or may have claims against County, its officers,employees,agents,
representatives or assigns,relating to the subject medical services furnished prior to June 1, 1998,of which at the
time of the execution of this Agreement he has no knowledge or suspicion. Bones agrees that this Agreement is
specifically intended to and does extend to any and all claims in any way based or related to the subject medical
services furnished prior to June 1, 1998,whether or not known, claimed or suspected by Bones. As further
consideration for County entering into this Agreement,Bones on behalf of himself,. his employees,agents,
predecessors,successors,executors,administrators, heirs or assigns expressly waives as against County, its
employees,agents,successors,assigns and subsidiaries the benefit of Section 1542 of the California Civil Code
which provides:
"A general release does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release,which of known by him must have materially effected
his settlement with the debtor."
6. The parties hereto warrant that no other person or entity has claimed or now claims any interest in the
subject of this Agreement,and that they have the sole right and exclusive authority to execute this Agreement and
to tender and receive the aforesaid consideration.
7. The parties hereto agree that this Agreement is neither intended to nor shall it constitute an admission
by any party of any fault, liability or wrongdoing in connection with any matter contained herein.
8. This Agreement sets forth the entire agreement and understanding between the parties hereto related to
the subject medical services. All prior contemporaneous conversations, negotiations,possible or alleged
agreements and representations with respect to the subject matter hereof are waived,merged and superseded
hereby.
9. If any legal action is brought to enforce this Agreement,the prevailing party in such action shall be
entitled to recover its costs,expenses and attorneys'fees. The venue for any action shall be Contra Costa County,
California.
IN WITNESS WHEREOF,the Parties hereto do execute this Settlement Agreement and Release.
COUNTY OF CONTRA COSTA
By. - .._ Date:
Its
JAMES W. BONES
-�`_'._".`—„Date• . /
James W.Bones