HomeMy WebLinkAboutResolution - 2016-R0014 - TTUHSC For Medical Director - 01/14/2016No. 2016-R0014
No. 6.18
try 14, 2016
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Medical Director Agreement between
the City of Lubbock and Texas Tech University Health Sciences Center to provide the
professional services of a qualified physician to act as Medical Director for the City of
Lubbock Health Department. Said Professional Services Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this January 14, 2016.
ATTEST:
eb eca Garza, City Secret4z'—)
APPROVED AS TO CONTENT:
Ifl—A (A �
Katherine Wells, City of Lubbock Health Director
Medical Director.2016.doc
Resolution No. 2016-R0014 City of Lubbock
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MEDICAL DIRECTOR AGREEMENT
(City of Lubbock Health Department Medical Director)
This is a Medical Director Agreement between the City of Lubbock, acting by and
through its Health Department (hereafter referred to as COLHD), and THE TEXAS
TECH UNIVERSITY HEALTH SCIENCES CENTER, on behalf of its School of
Medicine, Department of Family & Community Medicine, Lubbock Campus, (hereafter
referred to as TTUHSC). Funding for this Agreement will be provided by the City of
Lubbock general funding.
SERVICES TO BE PROVIDED
TTUHSC hereby agrees to provide the City of Lubbock Health Department with the
professional services of RONALD L. COOK, D.O. (hereafter referred to as "Dr. Cook",
a TTUHSC employed physician) to act as MEDICAL DIRECTOR for the COLHD,
subject to approval by the City Council of the City of Lubbock.
In the event that Dr. Cook is unable to fulfill his obligations for the term of this contract,
TTUHSC agrees to provide a suitable member of its faculty to perform the services of
Medical Director for the COLHD as set forth in this Agreement.
TTUHSC agrees its employed physician, Dr. Cook, as Medical Director for the COLHD,
shall perform the following duties under the administrative supervision of the City of
Lubbock Health Department Manager:
Approve clinic procedures, protocols, and standing orders for clinical services
provided by COLHD professional and paraprofessional nursing and clerical staff,
including:
a. Supervision of procedures and protocols based on federal and state regulations,
and on generally accepted standards of care.
b. Approving COLHD manuals at least annually, after review and revision by
COLHD clinic staff.
c. Supervision of procedures and protocols for clinical services currently provided at
the Lubbock Health Department, including immunizations and diagnosis and
treatment of Sexually Transmitted Diseases.
2. Provide COLHD with the physician provider number for submission of Medicare
claims for influenza vaccine administration. The parties agree that duties provided as
Medical Director under this Agreement do not include providing direct patient care.
The parties agree and acknowledge that:
1. Nothing in this Agreement is intended nor shall be construed to create an
employer/employee relationship between the contracting parties nor to grant power to
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City of Lubbock
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bind the other party in any legal contract or in any other way without prior written
consent of the other party.
2. Medical Director is providing Medical Director Services as part of COLHD'S
workforce, as the term is defined under HIPAA, and is subject to confidentiality
obligations applicable to COLHD'S employees and other persons under its control
Each party represents and warrants on behalf of itself, that all decisions regarding the
medical care of patients shall be based solely upon the professional medical judgment of
a patient's attending physician(s) and shall be made in the best interests of patients, that
the aggregate benefit given or received under this Agreement, whether in cash or in kind,
has been determined in advance through a process of arms -length negotiations that were
intended to achieve an exchange of goods and/or services consistent with fair market
value in the circumstances, and that any benefits given or received under this Agreement
is not intended to induce, does not require, and is not contingent upon, the admission,
recommendation or referral of any patient, directly or indirectly, to the other party.
The City of Lubbock will pay TTUHSC NINE HUNDRED AND N0/100 DOLLARS
($900.00) per month for approximately four hours of service per month, using the
established procedures of the City of Lubbock. Both parties agree that Medical Director
shall maintain a log of time spent with a description of the activities for each time period.
TTUHSC and COLHD represent and warrant that neither Party has been excluded from
any federal healthcare program, that no basis for such exclusion exists, to the best of the
parties' knowledge, and that neither Party has been subject to any final adverse action as
defined under the Health Care Fraud and Abuse Data Collection Program. Both parties
agree to notify the other immediately if either is subject to an inquiry, investigation, or
final adverse action by a government agency, third -party payor, or intermediary as to the
provision of services under this Agreement.
COLHD shall indemnify and hold TTUHSC and Physician harmless from and against
any and all claims, demands, actions, liabilities, and expenses (including reasonable
attorney's fees) arising out of the actions or omissions of COLHD, its employees and
agents, in connection with this Agreement. This provision shall survive any termination
or expiration of this Agreement.
Pursuant to 42 U.S.C. Section 1395x(v) (1)(I) and 42 C.F.R. Part 420, Subpart D Section
420.300 et seg., TTUHSC and COLHD shall, until the expiration of four (4) years after
the furnishing of Medicare reimbursable services pursuant to this Agreement, upon
proper written request, allow the Comptroller General of the United States, the Secretary
of Health and Human Services, and their duly authorized representatives access to this
Agreement and to the parties books, documents and records necessary to certify the
nature and extent of costs of Medicare reimbursable services provided by Physician under
this Agreement are carried out by means of a subcontract with an organization related to
TTUHSC/Physician, and such related organization provides the services at a value or cost
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of $10,000.00 or more over a twelve-month period, then the subcontract between
TTUHSC/Physician and the related organization shall contain a clause comparable to the
clause specified in the preceding sentence.
This agreement made this 9th day of December , 2015, effective January
1, 2015, and may be continued by mutual agreement by both parties from year to year for
a maximum of four additional one-year terms. Terms may be (1) renegotiated, or (2)
terminated, by either Party upon thirty (30) days written notice to the other Party.
CITY OF LUBBOCK:
I►:ul .o. tn-F
TITLE: MAYOR
(Mayor for contracts over $25,000)
DATE: January 14.2016
ATTEST:
(C y Secretary Por contract v r $25,000)
APPROVED AS TO CONTENT:
��L
ity of Lubbock Health Director
TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER:
BY:
A., W. Win,
Elme 6aai41 (Da6 4, 2015)
Elmo M. Cavin
Executive Vice President
DATE: Dec 9, 2015
Although not a Party to this
Agreement, I hereby acknowledge
that I have read this Agreement and
understand the obligations
hereunder:
R� 4 Cwk, UD
Ronald L. Cook, DO (Dec 9, 2015)
Ronald L. Cook, D.O. Date
umment 2015 (final.2).doc
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