HomeMy WebLinkAboutResolution - 2017-R0384 - MOA For Covenant Children's Hospital - 10/12/2017Resolution No.2017-R0384
Item No.6.26
October 12,2017
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, a Memorandum of Understanding in connection with
Section 340B of the Public Health Services Act, by and between the City of Lubbock and
Methodist Children's Hospital d/b/a Covenant Children's Hospital of Lubbock, Texas, and
related documents. Said Memorandum of Understanding is attached hereto and incorporated in
thisresolution as if fully set forthherein andshallbe includedinthe minutes ofthe CityCouncil.
Passed by the City Council on October 12.2017 .
DANIEL M.POPE,MAYOR
ATTEST:
Ma*.
Rebecca Garza,City Secretary
APPROVED AS TO CONTENT:
ttAtkinson,City/ManagerJarret
APPROVED AS TO FORM:
MTtchesIl-^ttterwhiteC'.Fffst A^sistarit CWy^Attorney
vw:ccdocs/RES.Memorandum of Understanding.Covenant Health System
10.02.2017
Resolution No. 2017-RO384
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made this 1?+1,day of October 2017
by and between the undersigned representatives of the City of Lubbock, Texas ("City"), located
at 1625 13d' Street, Lubbock, TX 79401 and Methodist Children's Hospital d/b/a Covenant
Children's Hospital, ("HOSPITAL"), a non-profit corporation organized and existing under the
laws of the State of Texas, located at 4015 22°d Place, Lubbock, TX 79410.
RECITALS:
WHEREAS, HOSPITAL is a community private, not -for -profit hospital that provides a
disproportionate share of healthcare services to the Medicare population in addition to supporting
many programs that benefit the indigent, uninsured or underinsured population in the State of
Texas;
WHEREAS, HOSPITAL desires to participate in the drug discount program established
under Section 340B of the Public Health Services Act (the "340B Program");
WHEREAS, in order to participate in the 340B Program HOSPITAL must enter into an
agreement with a unit of the Texas state or local government pursuant to which HOSPITAL
commits to provide health care services to low income individuals who are not entitled to
Medicare or Medicaid benefits at no reimbursement or considerably less than full reimbursement
from these patients;
WHEREAS, HOSPITAL desires to make such a formal commitment to CITY, and
WHEREAS, CITY agrees to accept such commitments on behalf of the citizens of the
State of Texas
NOW, THEREFORE, in consideration of the mutual agreements and covenants
contained therein and for other good and valuable consideration, the receipt and sufficiency of
which hereby are acknowledged, it is mutually agreed and covenanted, under seal, by and
between the parties to this Agreement, as follows:
1. Commitment of HOSPITAL to Provide Indigent Care.
During the term of this MOU, HOSPITAL agrees to continue its historical commitment
to the provision of health care to indigent, uninsured and underinsured residents of Lubbock and
surrounding communities. HOSPITAL will assure that all such patients will receive necessary
care, as required by law regardless of ability to pay.
2. Acceptance and Acknowledgements of CITY.
(a) CITY accepts the commitment of HOSPITAL set forth above;
(b) CITY hereby acknowledges that the healthcare services provided by HOSPITAL
hereunder are in the public interest.
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3. Representations of HOSPITAL. HOSPITAL represents that as of the date hereof:
(a) HOSPITAL constitutes a corporation duly organized and validly existing in good
standing under the laws of the State of Texas with the corporate power and authority to enter into
and perform its obligations under this MOU; and
(b) HOSPITAL is a tax-exempt corporation of under Section 501 (c)(3) of the
Internal Revenue Code of the United States, as amended and under applicable laws of the State
of Texas.
(c) HOSPITAL hereby certifies that healthcare services are being provided to
individuals who are not entitled to benefits under Title VIII or eligible for assistance under any
State plan pursuant to Title XIX of the Social Security Act; and
(d) HOSPITAL hereby certifies that the healthcare services provided hereunder are in
the public interest.
4. Term and Termination. The term of this MOU shall commence on the date first above
written and shall continue until terminated by either party upon not less than sixty (60) days prior
written notice to the other.
5. Notice. All notices required or permitted to be given under this MOU shall be deemed
given when delivered by hand or sent by registered or certified mail, return receipt requested,
addressed as follows:
Sent to:
Covenant Health System
Attention: Covenant VP of Finance
Mailing Address:
2107 Oxford
Lubbock, TX 79410
Sent to:
City of Lubbock, Administration
Attention: City Manager
Mailing Address:
P.O. Box 2000
Lubbock, TX 79457
6. Governing Law. This MOU shall be governed by and construed i n accordance with the
laws of the State of Texas (excepting any conflict of laws provisions which would serve to defeat
application of Texas substantive law).
[SIGNATURE PAGE FOLLOWS]
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58971702.1
IN WITNESS WHEREOF, HOSPITAL and the CITY have executed this Agreement as
of the day and year first written above by their duly authorized representative.
Methodist Children's Hospital d/b/a
Covenant Children's Hospital
WITNESS: HOSPITAL
Name: Amy Thompson, M.D.
Title: Chief Executive Officer
Lubbock, Texas
WITNESS: CITY
Name: ett Atkinson
Title: City Manager
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58971702.1