3. Non-Emergency Patient Transport Services Agreement - Kalispell Regional Medical CenterCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997
Telephone (406) 758-7701 Fax - (406) 758-7758
July 29, 2009
TO: Mayor & Council
FRM: Interim City Manager
MTG DATE: August 3, 2009
Re: Non -Emergency Patient Transport Services Agreement
1. The attached agreement between Kalispell Regional Medical Center (KRMC) and the
City of Kalispell allows the KFD (Kalispell Fire Department) ambulance to provide non -
emergency transport services on an appointment basis.
2. The agreement is not exclusive. KRMC has other agreements with other EMS services
for non -emergency transport.
3. Each transport will provide the ambulance fund with $105 - $150 depending on the type
of service. Unlike other revenues, these are very likely to be collected.
4. As a readiness service, the KID ambulance has very high fixed costs associated with the
personnel needed to man the ambulance. The additional costs to operate the ambulance
are quite low in comparison. For a very modest increase in operating costs this agreement
will provide significant additional revenue.
5. This agreement does not change the priority for the KFD ambulance. The KFD
ambulance will always have as its first priority emergency service to the citizens of
Kalispell.
RECOMMENDATION- Council approve the agreement and authorize the city manager to
sign on behalf of the city.
Execution Copy
NON -EMERGENCY PATIENT TRANSPORT SERVICES AGREEMENT
THIS AGREEMENT made and entered into this 15th day of July 2009, by and between
Kalispell Regional Medical Center, a Montana nonprofit corporation, hereinafter referred
to as "Agency" and the City of Kalispell, Montana, a Montana Municipality, dba City of
Kalispell Fire Department Ambulance Service, with its principal place of business in
Kalispell, Montana, hereinafter referred to as "Ambulance".
WITNESSETH:
WHEREAS Agency is a multiple -service healthcare provider;
WHEREAS Ambulance .i-operates an advanced life-support ground ambulance service,
licensed as such by the State of Montana and,
WHEREAS Agency will from time to time require non -emergency ground transportation
of the type which Ambulance can provide for its patients, which transportation
Ambulance is willing to provide for agreed -upon consideration,
NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual
covenants, terms and conditions set forth below, it is hereby agreed as follows:
1. Ambulance Service.
(a) Ambulance shall provide transportation for non -emergency Agency
patients on an on -call basis 7 days per week, 24 hours each day during the
term of this Agreement, based on availability. If the ambulance is
unavailable for any transfer request, the Agency will be notified
immediately.
(b) It is agreed that at all times the Ambulance shall be functioning as an
Independent Contractor and not as an employee in the provision of
services under this Agreement. Nothing in this Agreement shall be
deemed or construed by the parties or by any third person to create the
relationship of principal and agent, or of a joint venture, or of any
association between the parties.
(c) All non -emergency transport requests shall be made to the Flathead
County Dispatch non -emergency number, specifically (406) 758-5610 (or
as otherwise provided in the future), during which the calling party shall
request a "scheduled non -emergency transport" for the Ambulance
Service. It is specifically understood and agreed that his Agreement does
not apply to or supersede any 9-1-1 calls or other emergency calls for
transport to or from any of the facilities hereafter listed in Paragraph 2.
2. Transport Charge.
(a) The Northwest Healthcare locations covered by this Agreement include:
i. Kalispell Regional Medical Center
ii. HealthCenter Northwest
iii. Pathways Treatment Center
iv. The Cancer Center
v. Brendan House
vi. Home Options
vii. The Summit
viii.Hospice
ix. Other Buffalo Hill Campus Buildings
(b) Ambulance shall charge Agency the sum of One Hundred Five and
No/100 Dollars ($105.00) for each individual patient transported from one
location to another location within the Geographic Area covered by this
Agreement. It is understood and agreed that the $105.00 transportation
charge applies to a one- way transport unless and except when a patient is
returned to the same location from which transport was originated within
one hour of such origination. In the event that later return transport is
required; Agency shall be charged $150.00 total for a two-way transport,
providing return trip occurs within eight hours. It is further specifically
understood and agreed that the $105.00 transport charge shall include the
cost of any basic supplies or treatment provided by employees of
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Ambulance to an Agency patient in the course of such transport, to include
oxygen by nasal cannula.
(c) If, during a non -emergency transport, the patient's condition becomes
unstable and requires emergency transport to the Kalispell Regional
Medical Center, the Ambulance Service will be permitted to bill all
charges associated with a medically -necessary emergency call.
3. Payment. Agency will pay to Ambulance those sums to which Ambulance is
entitled within thirty (30) days after receipt of each bill. Payment by Agency
of such bills shall be considered final unless adjustments are requested in
writing by Ambulance within thirty (30) days of receipt of payment.
4. Geographic Area. Ambulance will provide its ground ambulance service for
Agency patients pursuant to this Agreement to location no more than five
miles beyond the city limits of the City of Kalispell Montana (the "Geographic
Area").
5. Terms. The term of this Agreement shall be for the period of one (1) year
beginning on the 1 st day of August, 2009. This Agreement shall
automatically renew unless either party notifies the other party in writing
within thirty (30) days of the anniversary date of this Agreement of its intent to
terminate the Agreement. Either party shall have the right to terminate this
Agreement at any time upon thirty -day written notice to the other party.
6. Insurance. It is hereby agreed that Ambulance shall during the entire term of
this agreement maintain (i) a Professional Liability Insurance policy in the
minimum amount of $750,000 per claim and $1,500,000 per occurrence with
no aggregate, and (ii) an Excess Liability Insurance policy with a minimum
limit of $10,000,000 but that only applies for Federal Claims, out of state
claims or other claims where Montana's Tort limits do not apply. Ambulance
shall name Agency as additional insured on each insurance policy and shall
provide Agency with evidence of insurance as required in this paragraph
annually. Ambulance agrees to give immediate written notice to Agency of
any change (including cancellation) in the status of the insurance coverage. In
the event that either of the parties becomes aware of any alleged injury arising
out of the care or treatment of any patient -provided services pursuant to this
Agreement, each party has a duty to give the other party notice containing the
particulars sufficient to identify the name and address of the allegedly injured
person, the place, and circumstances of the alleged incident and the addresses
of the available witnesses.
7. Licensing and Equipment. The Ambulance shall obtain and maintain proper
licensing for equipment and staff from the State of Montana to provide ground
ambulance service throughout the term of this Agreement and shall equip its
vehicles according to applicable laws and regulations in force in the State of
Montana as applicable to such service. The equipment shall be appropriately
maintained throughout the term of this Agreement.
8. Records. To the extent required by applicable federal or state laws and
regulations, the Ambulance and any respective agents thereof shall make
available, upon written request by the Secretary of the United States
Department of Health and Human Services, the Comptroller General of the
United States, any authorized federal or state official, or the duly authorized
representative of the foregoing, its respective books, documents and records
necessary to verify the nature and extent of costs to Ambulance for its services
provided pursuant to this Agreement until the expiration of four (4) years after
any such services are provided hereunder.
9. Agency will provide the following services to Ambulance:
a. Patient Selection: Agency shall identify patients requiring transport
services. Coordination of transport and care required at the receiving
facility will be done prior to the transport by Agency.
b. Coordination of Care: A report of the patient's condition will be given
to ambulance staff. This will include diagnosis, physician, advance -
directive information, demographics and any additional care necessary
during transport.
c. Inservice education to Ambulance staff as reasonably requested by
Ambulance.
10. Notice: Any notice required or provided for under the terms of this
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Agreement shall be in writing and served by personal service upon the
parties herein designated or by registered or certified mail addressed as
follows:
Northwest Healthcare Corporation
Attn: Chief Executive Officer
Northwest Healthcare Corporation
310 Sunnyview Lane
Kalispell, MT 59901
Ambulance: Kalispell Fire Department
312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
Services by registered or certified mail shall be deemed complete upon
depositing the same in the United States Post Office with postage prepaid
thereon properly addressed as herein above set forth. Either party may
change the address to which any notice shall subsequently be given by
means of delivery of an appropriate notice to that effect in writing to the
other party.
11. Applicable Law. This Agreement is entered into in Kalispell, Montana.
This Agreement shall be governed and construed in accordance with the laws
of the State of Montana. Venue for any proceedings shall be Flathead
County, Montana.
12. Assignment. This Agreement shall not be assignable by either party without
the prior written consent of the other party hereto.
13. Severability. This Agreement is severable and, in the event that any one or
more of the provisions hereof shall be invalid, illegal or unenforceable in any
respect, the validity, legality and enforceability of the remaining provisions
contained herein shall not in any way be affected or impaired thereby.
14. Separate Agreements. The terms and conditions of this Agreement shall
not alter or amend any separate agreement not in existence or hereafter
entered into between the parties hereto relating to ground ambulance service
by Ambulance for patients of Agency. It is expressly understood and
agreed that in the event of any conflict between any of the terms and
conditions of this Agreement and the terms and conditions of any such
separate agreement, the terms and conditions of said separate agreement shall
govern and supersede any conflicting provisions herein.
15. Indemnification.
a. Each party agrees that with respect to any claim or lawsuit arising out of
the activities described in the Agreement, each party shall only be
responsible for that portion of any liability resulting from the actions or
omissions of its own directors, officers, employees, or agents.
b. Each party shall defend, indemnify and hold harmless the other party from
and against any and all liability, lost, expense, reasonable attorneys' fees,
or claims for injury or damages arising out of the performance of this
Agreement. Such indemnification shall only be made in proportion to,
and to the extent that, such liability, loss expense, attorneys' fees, or
claims for injury or damages are caused by or result from the acts or
omissions of the indemnifying party.
16. Amendments. No amendment or a modification of this Agreement shall be
effective, unless in writing and executed by both parties.
Kalispell Regional Medical Center
By:
Printed Name: Ted W. Hirsch
Title: CEO
Date Signed: 1 O9
City of Kalispell, Montana
Fire Department Ambulance Service
IN
Printed Name:
Title: City Manager
Date Signed:
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