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Home My WebLink AboutResolution - 5069 - Interlocal Agreement- TTUHSC, OB/GYN Surgery Center & FMC- Accept Referals BCCCP - 01/11/1996Resolution No. 5069 .January 11, 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 Health Department and Texas Tech University Health Sciences Center OB/GYN, Surgery, and Family Medicine Clinics to accept referrals which have been intially screened for breast and cervical cancer through the BCCCP Program, 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: ._.-.�_ 1496. Betty Johns , City Secretary APPROVED AS TO CONTENT: t� 1 Doug G an, Managing Director of Health an ommunity Services APPR VED AS TO FORM: 1 C e-nce WWaer,Assistant City Attorney CF W:js1A-BCCCPZ.RFS ccdocslDecemher 13, 1995 STATE OF TEXAS Resolution No. 5069 January 11, 1996 Item #14 ALMW96173 INTERLOCAL AGREEMENT 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 121.431 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, attached and fully incorporated herein as Exhibit "A", the Texas Tech University Health Sciences Center through its OB/GYN, Surgery, and Family Medicine Clinics now wishes to accept referrals which have been initially screened through the BCCCP Program. WITNESSETH: This interlocal governmental agreement is entered into this 11th day of January , 1996, by and between the CITY OF LUBBOCK, hereinafter called "the Receiving Agency" and the TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER OB/GYN, SURGERY, AND FAMILY MEDICINE CLINICS, 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 accept referrals from the City of Lubbock Health Department which have been initially screened through 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: Evaluation of all breast anomalies which may include breast biopsy and/or fine needle aspiration. 2. Evaluation of abnormal pap smears which may include colposcopy and/or colposcopy with biopsy. 3. Evaluation and treatment of women requiring hormone replacement therapy. 4. Evaluation and treatment of cervical anomalies which may or may not include an abnormal pap smear. 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, Lubbock, Texas 79408. Notice to the Performing Agency shall be mailed to 3601 4th Street, Lubbock, Texas 79430. 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, and by the Texas Cancer Council (see Addendum A). The Receiving Agency will make any payments for the performance of these services from current revenues available to the City. F. 11R114111OILT/I ASSIGNMENT Neither party shall have the right to assign or transfer their rights to any third parties under this Agreement. INTERLOCAL AGREEMENT CLINICAL SERVICES AGREEMENT/TTUHSC ---- PAGE 2 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. 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. /_11:4 Y [e1110a 1 AMENDMENTS Except as otherwise provided herein, this contract cannot be modified or amended except by written agreement of the parties hereto. INTERLOCAL AGREEMENT CLINICAL SERVICES AGREEMENTI TUIISC ---- PAGE 3 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. 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, EXECUTED this 11th day of January , x16, at Lubbock, 1996 ATTEST: &t— & ry'r Betty N1. o nson, ty Secretary APPROVED AS TO CONTENT: Doug Goo n, anaging Director of Health and Ummunity Services APPROVED AS TO FORM: qn�4 E. "- Clarence Walker, Assistant City Attorney CW js/A-BCCCP2.DOC D7-Conts,Agmts/December 13, 1995 TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER: BY: Cann ELMO CAVIN, VICE PRESIDENT FOR FISCAL AFFAIRS Date: APPROVED AS TO FORM: ssociate General Cohnsel Date: I L 11171/115— INTERLOCAL 171 IS INTERLOCAL AGREEMENT CLINICAL SERVICES AGREEMENT/TTUHSC ---- PAGE 4 APPENDIX A Average, Minimum, and Maximum 1995 Medicare Based Reimbursement Rates state Wide Rates Procedure CPT CODE Reimbursement Rate Average Minimum Maximum Anesthesia (per point) 00400 $14.33 $14.33 $14.33 Screening Mammogram (Ali, expect Region 4) 76092 $60.88 $60.88 $60.88 Screening Mammogram (Region 4) 76092 $60.51 $60.51 $60.51 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 1 $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