HomeMy Public PortalAbout124-2017 - Interlocal Agreement with CountyAGREEMENT FOR THE RATE OF REIMBURSEMENT
FOR HEALTH CARE SERVICES PROVIDED TO
PERSONS SUBJECT TO LAWFUL DETENTION
THIS AGREEMENT (the "Agreement") is entered into effective as of
2017, by and between, THE CITY OF RICHMOND, INDIANA, an Indiana municipal corporation by
and through its Board of Public Works and Safety, having its principal offices at 50 North 51h Street,
Richmond, Wayne County, Indiana ("City") as the executive board overseeing the City of Richmond Fire
Department Emergency Medical Services Division ("Fire EMS) , and WAYNE COUNTY, INDIANA, a
political subdivision of the State of Indiana ("County") by its duly elected Board of County Commissioners
("Board") as the executive officers of said County and the Sheriff of Wayne County ("Sheriff') as follows:
A. Recitals
1. City, by and through its Fire Department Emergency Medical Services Division ("Fire EMS"), is
a municipal corporation engaged in the provision of "health care services" as said term is defined
at Indiana Code (IC) 11-12-5-5.5 (the "Act").
2. County operated the Wayne County Jail for purposes of incarcerating persons who are "subject to
lawful detention" (as said term is defined by the Act) by the Sheriff.
3. County is obligated to provide health care services to persons incarcerated in its jail facilities in
accordance with applicable inmate health care standards from time to time promulgated by the
Indiana Department of Corrections.
4. The Act creates a designated level of financial responsibility on the part of the County for the costs
of health care services that a health care provider provides to a person subject to lawful detention
and who is subject to the terms and provisions of the Act.
Contract No. 124-2017
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5. The Act permits a health care provider such as Fire EMS and County to enter into am express
agreement pursuant to which County shall reimburse Fire EMS at a contractually agreed upon
lower reimbursement rate than that which is provided in the Act.
6. City and County desire to enter into such an agreement and to herein express the terms and agreed
reimbursement rate that County shall reimburse Fire EMS for health care services, specifically
emergency transport services and health care services associated with said transport services,
provided to those persons who are subject to lawful detention in the Wayne County Jail and who
are otherwise subject to the terms and conditions of the Act.
B. Terms of Agreement
1. Agreed Rate of Reimbursement. County shall reimburse Fire EMS for these health care services that
Fire EMS shall provide to persons subject to lawful detention by the Wayne County Sheriff at a rate
equal to the applicable Indiana Medicaid reimbursement rate prevailing at the time that services are
provided for the particular health care service(s) that are provided to that person by Fire EMS.
2. Submission of Claim for Reimbursement to Sheriff. Fire EMS, or its billing representative, shall bill
County for such health care services as are the subject of this Agreement on a monthly basis by
submitting a claim therefor, duly itemized and delivered to the Sheriff of Wayne County, Indiana. The
Sheriff shall promptly review the claim and preliminary approve it for payment. Should the Sheriff
dispute any item set forth on the claim for which Fire EMS seeks reimbursement, lie shall promptly
(within five business days) contact the designated Fire EMS representative and advise that person of
the disputed item. Those items on the original claim that are not disputed by the Sheriff, shall be
promptly fonvarded to the Wayne County Auditor for submission to the Board for its approval in the
regular course of its approval of the County's accounts payable.
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3. Term of A ega ement. This Agreement shall be for a term of one (1) year commencing as of October 31,
2017, and ending, unless earlier terminated by either party as herein provided, at 11:59 p.m. on October
31, 2018.
4. Termination without Cause. This Agreement may be terminated during its stated term or during any
renewal thereof, without cause by either City or County upon the provision of at least sixty (60) days
advance written notice to the party not initiating the termination setting forth the effective date of the
termination.
5. Automatic Renewal. This Agreement shall automatically renew upon the same terms and conditions as
herein contained for a successive one (1) year term unless either party notifies the other of its intent not
to permit such an automatic renewal. Such notice shall be directed by the non -renewing party to the
other at the address herein listed for the provision of such notices, or at such subsequently ascribed
address as the party shall have duly advised the other and shall be delivered by no later than October 1
of the year of termination. This automatic renewal provision shall be operable from year-to-year
without a stated maximum tern of agreement.
6. Notices. Any notice required or contemplated by this Agreement shall be deemed to have been
delivered on the fifth (5") business day following its having been reduced to writing and posted in the
United States Mail with prepaid certified mail, returned receipt postage thereon or when placed in the
custody of a commercial courier having delivery tracking capabilities and directed as follows:
To City:
City of Richmond
50 North 51, Street
Richmond, IN 47374
Attention:
To County:
President of the Wayne County Board of Commissioners
Wayne County Administration Building
401 East Main Street
Richmond, IN 47374
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With a copy to:
Fire Chief of City of Richmond, Indiana
50 North 5'h Street
Richmond, IN 47374
7. Observance of Applicable Protocols. City agrees to implement and follow all applicable protocols
pertaining to the transport of incarcerated inmates as advised by the Sheriff. Such protocol include, by
way of illustration and not limitation, the restriction of unauthorized individuals inside the Fire EMS
vehicles during emergency transports; the limitation of physical mobility and/or the imposition of
physical restraints (whether or not medically indicated), etc. It shall be the responsibility of the Sheriff
to advise the designated City representative of the terms and applicability of any such protocols prior
to the time an inmate is in the care of the Fire EMS for emergency transport health care services.
8. Securib.- Obligations of Sheriff. County and Sheriff agree that all persons subject to lawful detention,
as defined by the Act, and who are remitted to the care of the Fire EMS for the receipt of emergency
transport health care services who are either charged with a crime of violence or who are arrested for
suspected conduct that is likely to result in the charging of the person with a crime or misdemeanor
involving violent behavior directed against another person, shall be accompanied during the entire
period of the persons presence during the emergency transport by at least one Sheriffs deputy; the
exact number of deputies assigned to a particular person shall be determined by the Sheriff.
Notwithstanding the foregoing nothing contained herein shall constitute the County, the Sheriff or any
deputy of the Sheriff, as the guarantor of the physical safety of City or the Fire EMS, or their respective
employees, staff or any other third party, and in addition nothing contained herein shall constitute the
City or the Fire EMS as the guarantor of the physical safety of the County, the Sheriff, or any deputy
of the Sheriff, or their respective employees, staff or any other third patty.
9. Limited Applicability of Agreement. This Agreement shall only apply with respect to the County's
obligation to reimburse Fire EMS for health care services provided by Fire EMS to a person subject to
lawful detention as defined in the Act. This Agreement shall not apply to medical services provided by
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Fire EMS to a person who would otherwise be a person subject to lawful detention but who is covered
under private health insurance coverage for health care services or is otherwise willing to pay for that
persons own health care services. In such cases, Fire EMS shall be free to assess the person receiving
such health care services its usual and customary charges for such services and to accept an assignment
of the covered person's health insurance benefits.
10. Miscellaneous Provisions. The following terms and conditions apply to this Agreement or to any
renewal thereof:
Choice of Laws — This agreement shall be construed in accordance with the substantive ]a-%v of the State
of Indiana notwithstanding that by application of the Cori7icts of Lc ms doctrines of said state the
substantive law of another jurisdiction would otherwise apply.
a) Construction — This agreement is the product of full and free negotiations by parties hereto. It shall
enjoy a neutral construction and shall not be strictly construed against City, County or Sheriff,
notwithstanding that counsel or a representative of one of the parties may have been the primary
scrivener of this document. Use of the singular herein shall imply the plural and vice versa. Use of
the masculine, feminine or neuter gender shall imply the appropriate other where the context herein
would so require.
b) Entire Agreement —This Agreement constitutes the entire agreement of the parties as to the matters
set forth herein and is a complete integration of their prior negotiations and discussions. No party
to this Agreement shall by charged with any obligation of performance hereunder unless the party
to be so charged has executed a written document evidencing such obligation of performance.
c) Authority of Signatories —The persons executing this Agreement in their representative capacities
mutually represent and acknowledge that each is fully empowered to so execute this Agreement as
to render it obligatory on the representative's respective principal. All actions taken by County
through the Board were taken in compliance with applicable provisions of the Indiana Open Door
Law, IC 5-14-1.5, et seq. The persons executing this Agreement on behalf of City represent that all
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corporate conditions precedent to rendering the terms of this Agreement obligatory on City have
been duly performed and the authority therefor remains fully effective, without subsequent
rescission, revocation or modification, as of the date of such execution.
IN WITNESS THEREOF, the undersigned execute this Agreement to be effective as of October
31, 2017, nom ithstanding that the actual dates of execution by the parties may differ from said effective
date.
Attest:
�— Inted-David M Snoµ•
Title: Mayor
Attcs .
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K_vmberl/j A. Walton
Wayne C,-Jnty Auditor
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CITY OF RICHMOND,
BY AND THROUGH ITS
BOARD OF PUBLIC NVORKS
AND SAFETY
B}. _
Printed: Vicki Robinson
Title: President
Printed: Richard Foore
Title: her
By:
Prin red: Anthony Aster,
Title: Member
W
By
By
AVAYNE COUNTY SHERIFF
Te a 1Vay'e?Com4f ity� Sheriff IV