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Home My WebLink About2008-137 ACH Ambulance Agrmt June 3, 2008 CITY OF ASHLAND Mr. Mark Marchetti, Administrator Ashland Community Hospital 280 Maple St Ashland, OR 97520 Dear Mark: The City of Ashland assumed responsibility for the provision of ambulance services for the south Jackson County area in January 1996. Ashland Community Hospital (ACH) was an important partner which enabled the City in its efforts to purchase the private ambulance provider. The hospital served as the key broker in negotiating with Ashland Life Support Services on behalf of the City of Ashland. In consideration of their assistance in this effort, the City entered into an agreement with the hospital to provide transfer services for ACH-admitted patients to Medford hospitals at a 600/0 discount of published rates. This discount is included in a written agreement between the City and the Hospital, signed in July 2004. I've enclosed a copy with this letter. For a variety of reasons, the City needs to phase out this discounted rate, and I am writing to notify you of the City's intention to terminate the Agreement for Provision of Inter-Facility Ambulance Transfers. Although the Agreement allows either party to terminate the agreement with 90 days notice, the City will consider the agreement terminated at the end of this calendar year, which I hope provides ACH sufficient time to plan for the higher rates. After termination, the City will charge for ambulance transfer services in accordance with the established rate schedule for these services as approved by Jackson County. We will begin charging the full rate on January 1,2009.. City staff have reviewed the impact of this change. We calculate that ACH is currently paying, on average, approximately $6,000 per year for transfers. Without the discount, we expect that your costs will be closer to $15,000 per year. We continue to value our relationship with Ashland Community Hospital. Please let me know if you have questions. c. Ashland City Council Barbara Christensen, City Recorder Lee Tuneberg, Administrative Services Director Keith Woodley, Fire Chief ADMINISTRATION 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-6002 Fax: 541-488-5311 TTY: 800-735-2900 e'~' PRINTED ON RECYCLED PAPER Agreement for Provision of Inter-Facility Ambulance Transfer Services This Agreement is entered into on the last day written below by and between Ashland Community Healthcare Services, Inc., an Oregon non-profit corporation ("ACHIt) and the City of Ashland, an Oregon. Municipal Corporation ("City"). Recitals A. ACH is an independent, tax exempt, non-profit corporation erosely affiliated with the City. It is organized exclusively for charitable and educational purposes within the meaning of Section 501 (c)(3) of the Internal Revenue Services Code, including ownership and operation of an acute care hospital, provision of other healthcare services, and other activities for the advancement of health care for the residents of Ashland, Oregon and the surrounding geographical area. B. The City is the sole member of the ACH corporation and appoints the members of the ACH board of directors. ACH leases property for its hospital campus from the City. c. The City owns and operates an ambulance service. ACH wishes to contract with City to provide inter-facility transfers of admitted ACH patients from the Ashland Community Hospital to other health-care facUities for various treatments not provided at Ashland Community Hospital. D. ACH wishes to provide transfer services for its patients at the lowest possible price, and wishes to enter into an agreement with City in order to facilitate planning and appropriate utilization of resources and facilities. Agreement Now, therefore, for valuable consideration, the parties agree as follows: 1. Scope of Services 1.1 General. City shall provide "inter-faciJitytl ambulance transportation for patients admitted to the Ashland Community Hospital who require treatment and services not avaitable at the hospital. The services shalf be scheduled and provided as needed. City shall provide services to ACH patients in the same manner it provides services to all other persons for whom City provides services. Page 1 - AGREEMENT 1.2 Additional Services Requested by Patient. If patient requesting or receiving services from City requires services outside the scope of those described in Section 1.1, City shall be entitled to enter into an agreement with patient to provide such services to the patient and to bill the patient directly for such services at City's standard rates. 2. Compensation 2.1 General. ACH agrees to compensate City for services rendered in accordance with the City's standard Schedule of Ambulance and Emergency Medical Services Rates, less a blanket contract adjustment of sixty percent (60.00%) on all billings. 2.2 Invoices; Time of Payment. City shall provide ACH an invoice for all amounts billed under this Agreement. ACH shall compensate City no later than thirty (30) days after receipt of the invoice. 3. Compliance with Law 3.1 General. ACH warrants that it is currently in compliance, and shall remain in compliance throughout the term of this Agreement, with all applicable locar, state, and federal licensing laws, billing laws, and regulations. 3.2 Stark; Antl~ickback. ACH warrants that the services provided by City are not compensable under Medicare or similar programs. ACH warrants that this Agreement. including. without limitation, the nature of services and the specific compensation arrangements herein, do not violate Stark, Anti-kickback. or similar federal laws. 3. Indemnity and Exculpation 3.1 General. ACH shall indemnify, defend, and hold City (including, without Jimitation, its officers and employees) harmless for, from and against all liability (including. without limitation, strict or absolute liability in tort or as imposed by statute). causes of action, obligations, damages, penalties, interest payments, fees, loss, claims, costs, charges, attorney fees, accountant and CPA fees, expenses and other liability (collectively "Liability") that may be imposed on or incurred by or asserted against City (whether rightfully or wrongfully filed) in connection with or arising out an alleged violation of Section 3.2 of this Agreement. 3.2 Right to Contest. ACH shall resist or defend any LiabiJity using attorneys, accountants, ePAs and other professionals selected at ACH's reasonable discretion. All costs incurred in any such defense shall be borne by ACH. In the event ACH fails to resist or defend a Liability within thirty (30) days after ACH receives notice Page 2 - AGREEMENT of the Liability. City may do so at the expense of ACH. and ACH shall reimburse City for its attorney fees, accountant fees, CPA fees, and related costs and expenses incurred in the defense. 3.3 Survival; Continuing Obligation of ACH. Notwithstanding any other provision of this Agreement. the obligations under this Section 3 shall remain in full force and effect after the termination of this Agreement, and until the.expiration of the latest period stated in any applicable statute of limitations during which a claim, cause of action, or prosecution relating to the matters described herein may be brought, and untit payment in full or satisfaction of any and all Liability has been accomplished. 4. Term; Termination 4.1 Effective Date and Time Period. This Agreement is effective January 1, 2000, and shall terminate December 3D, 2000. The Agreement shall self- renew for successive one (1) year periods unless either party provides notice of intent not to renew not later than thirty (30) days prior to the end of the respective term. 4.2 Termination. Either party may terminate this agreement for any reason without cause upon ninety (90) days notice to the other. Either party may terminate this Agreement immediately upon material breach of the Agreement by the other. 5. Assignment Prohibited. Neither party may assign this Agreement or delegate duties without the prior written consent of the other, which may be withheld in its sole discretion. Any unapprovec;f assignment shall be void. 6. Binding Effect. Subject to the above-stated limitations on assignment, this Agreement is binding on and will inure to the benefit of City, ACH, and their respective heirs, legal representatives, successors, and permitted assigns. 7. Notices. All notices and communications in connection with this Agreement shall be given in writing and shall be hand delivered or shall be transmitted by certified or registered mail, return receipt requested, to the appropriate party at the address first set forth above or by overnight carrier such as Federal Express or UPS. Any notice so transmitted shall be deemed effective on the date it is post marked by the United States postal service or mailed by overnight carrier. . . . Page 3 - AGREEMENT ACH Ashland Community Healthcare Services, Inc. By: City City of Ashland, a Municipal Corporation By: ~r--. By: Content review by Legal review by r-- on - on 2./ J,f ftD Page 4 - AGREEMENT Date :2 - ....Y- O~ Date Z, 11-<] / Of:> Date