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HomeMy WebLinkAboutResolution - 5110 - Interlocal Agreement - UMC - Screening And/Or Diagnostic Services - 02/22/1996Resolution No.5110 February 22, 1996 Item #14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement between the City of Lubbock and University Medical Center to perform screening and/or diagnostic services, attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST Betty N4.7ohnsonVCity Secretary APPROVED AS TO CONTENT: Doug Good Managing Director of Health & Co unity Services APPROVED AS TO FORM: Clarence E. Walker, Assistant City Attorney CEW jsAA-UMC.RES ccdocs/January 26, 1996 Resolution No. 5110 February 22, 1996 Item #14 INTERLOCAL AGREEMENT STATE OF TEXAS CLINICAL SERVICES AGREEMENT COUNTY OF LUBBOCK § WHEREAS, the City of Lubbock, a home rule municipal corporation, has created and operates a local health department in accordance with Section 121.031 of the Texas Health and Safety Code; and WHEREAS, the City Of Lubbock Health Department and the Texas Tech University Health Sciences Center School of Nursing have entered into an interlocal agreement to perform breast and cervical cancer screening to the community through its Breast and Cervical Cancer Control Program, hereinafter called "BCCCP Program"; and WHEREAS, pursuant to the above-mentioned agreement, University Medical Center, through its Dimensions The Center For Women's Health, now wishes to enter into agreement with the City of Lubbock Health Department to perform screening and/or diagnostic mammograms; NOW THEREFORE: WITNESSETH: This interlocal governmental agreement is entered into this 22nd day of February , 1996, by and between the CITY OF LUBBOCK, hereinafter called "the Receiving Agency" and UNIVERSITY MEDICAL CENTER, hereinafter called "the Performing Agency", for the mutual covenants hereinafter set forth and both parties hereby agree as follows: ARTICLE I PURPOSE AND OBJECTIVES The Performing Agency will conduct screening and/or diagnostic mammograms as part of the Breast and Cervical Cancer Control Program. ARTICLE II SERVICES TO BE PROVIDED The following services will be provided as part of the contractual relationship: Screening mammograms. 2. Diagnostic mammograms. ARTICLE III DURATION AND TERMINATION OF AGREEMENT This agreement is to become effective the day it is approved by City Council and will continue until June 30, 1996. Either party may terminate this agreement by giving the other party thirty (30) days written notice to terminate. ARTICLE IV NOTICE AND APPLICABLE LAW Notice to the Receiving Agency shall be mailed to City of Lubbock Health Department, P. Q. Box 2000, Lubbock, Texas 79457. Notice to the Performing Agency shall be mailed to 602 Indiana Ave, Lubbock, Texas 79415. This contract is an interlocal agreement executed under the laws of the State of Texas and its interpretation is governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall lie exclusively in Lubbock County, Texas. ARTICLE V AGREEMENT AMOUNT The Receiving Agency will pay the Performing Agency for the screening at the rates determined by the Texas Department of Health Breast and Cervical Cancer Control Program (See Attachment "A"). The Receiving Party will make any payments for the performance of these services from current revenues available to the City. ARTICLE VI ASSIGNMENT Neither party shall have the right to assign or transfer their rights to any third parties under this Agreement. ARTICLE VII INDEMNIFICATION Each party shall indemnify and hold harmless the other with respect to all claims, costs, and expenses (including attorney's fees) arising from the negligence or misconduct of the indemnifying party or its employees or agents with respect to the provision of services pursuant to the agreement, insofar as allowed by the laws and the constitution of the State of Texas. INTERLOCAL AGREEMENT UNIVERSITY MEDICAL CENTER ---- PAGE 2 ARTICLE VIII INDEPENDENT CONTRACTOR STATUS Nothing in this agreement is intended nor shall be construed to create between the Receiving Agency and the Performing Agency an employer/employee relationship. Any employee of the Performing Agency shall not be an employee of the Receiving Agency and shall have no power to bind the Receiving Agency in any legal contract or in any other way without prior written consent of the Receiving Agency. ARTICLE IX FORCE MAJEURE To the extent that either party to this contract shall be wholly or partially prevented from the performance of the term specified or of any obligation or duty placed on such party by reason of or through strikes, stoppages of labor, not, fire, flood, acts of war, insurrection, court judgment, act of God or other specific cause reasonably beyond the party's control and not attributable to its malfeasance, neglect, or nonfeasance. In such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. ARTICLE X SEVERABILITY Both parties agree that should any term or provision of this contract be determined to be invalid or unenforceable for any reason, such determination shall not affect any other term of this contract, which shall continue in full force and effect. ARTICLE XI AMENDMENTS Except as otherwise provided herein, this contract cannot be modified or amended except by written agreement of the parties hereto. ARTICLE XII NONDISCRIMINATION Under the terms of this contract, services will be provided without regard to race, color, creed, national origin, gender, age, or physical/mental handicap. INTERLOCAL AGREEMENT UNIVERSITY MEDICAL CENTER ---- PAGE 3 ARTICLE XIII ENTIRE AGREEMENT This contract constitutes the complete agreement between the parties hereto and superseded any or all oral and written agreements between the parties relating to matters contained herein. this 22nd ubbock qty, Texas 'ITS' FAL B9OCK-. '10M =011%;'i , ATTEST: Betty MY. J hnson, ity Secretary APPROVED AS TO CONTENT: Doug Goodm aging Dircctor of Health and Coni4qAnity Services day of Februa APPROVED AS TO FORM: au , f, e. Clarence E. Walker, Assistant City Attorney CEw: OA-UMCDOC W-ContsAgmts/January 25, 1996 1996, at Lubbock, UNIVE TY MEDICAL CENTER: r BY: DAVID ALLISON,--SE-910R-VICE PRESIDENT & CHIEF OPERATING OFFICER] Date;_ ?„" �3 APPROVED AS TO FORM: IV/A Associate General Counsel Date: INTERLOCAL. AGREEMENT UNIVERSITY MEDICAL CENTER ---- PAGE 4 Average, Minimum, and Maximum 1995 MedW�are Based Reimbursement Ra}as State Wide Rates 01/27/95 Page 2 Reimbursement Rate Procedure CPT CODE Average Minimum Maximum Anesthesia (per point) 00400 $14.33 $14.33 $14.33 Screening Mammogram (All, expect Region 4) Screening Mammogram (Region 4) 76092 76092 $60.88 $60.51 $60,88 $60.51 $60.88 $60.51 1 01/27/95 Page 2 1995 Medicare Based Reimbursement Rates for Area 21 Counties Lubbock Procedure CPT Code Reimbursement Rate Needle Core Breast Biopsy 19100 $72.11 Breast Biopsy (excisional) 19120 $299.90 Breast Biopsy (excisional with rad mrkr) 19125 $325.24 B. Biop. (exc. w/ rad mrkr/add'1 lesion) 19126 $213.54 Colposcopy 57452 $59.07 Colposcopy with Biopsy 57454 $94.50 Diagnostic Mammography (unilateral) 76090 $46.11 Diagnostic Mammography (bilateral) 76091 $62.05 Stereotactic Localization for B. Biopsy 76095 $296.62 Preop placement of loc. wire (B. Biopsy) 76096 $67.33 Breast Ultrasound (echography) 76645 $61.50 Fine Needle Aspiration 88170 $49.93 Surgical Pathology (breast & cervical) 88305 $63.64 Office Visit (new pt. or annual screen) 99203 $56.69 Office Visit (established pt. - 10 min.) 99212 $22.69 Office Visit (established pt. - 15 min.) 99213 $31.68 Office Visit (established pt. - 25 min.) 99214 $49.14 Office Consultation (breast only) 99244 $112.64 01/27/95 Page 19