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HomeMy WebLinkAboutContract 47186-P11 CITY SECRETARY CONTRACT NO. I i- ADDENDUM To BIackStone 504 Program Provider Agreement This Addendum is entered into by and among Richard Haenke, DO ("Member Prov er"), Rockport Healthcare Groi}}p ("R okport"), and the City of port Worth ("City") on this day of 20 . WI-MIZEAS,Rockport and Member Provider entered into a Provider Agreement,effective December 1, 2,010, ("Provider Agreement"), and desire that this Addendum apply to covered services that are governed bythe Texas Insurance Code,Texas Labor Code,and Texas Administrative Code, 1WHBIMAS, Rockport has contraoted with Member Provider on behalf of the City in the process of setting up a direct contracted 504 provider panel pursuant to Texas Labor.Code Section 504,053, WHERBAS,the City has determined that a workers'compensation health cafe network certified tinder Texas Insurance Code Chapter 1305 Is not available or practical for its self-insured worker's' compensation prograin needs and,as such,have eleoted to provide medical benefits to Injured workers by directly contracting with health care providers, WHEREAS, Rockport, Member Provider, and the City desire to execute this Addendum in order to establish a direct contract between Member Provider and the City under Texas Labor Code Subsection 504,053(b)(2), WHEREAS,Rockport,Member Provider,and the City desire for the terms and conditions of the Provider Agreement to be the same terms and conditions that apply to the direct contrast between Member Provider and the City that make available covered services for Qualified Participants'needs to the injured workers of the City. NOW,TREREF01%for good and valuable consideration,the sufficiency and receipt of which is hereby acknowledged,the parties agree as follows: 1, All terms and conditions ofthe Provider Agreement are hereby adopted by both Member Provider and the City, with full consent and agreement of Rockport, to apply as a direct contractual agreement between Member Provider and the City,All references to certified networks as well as the Texas Insurance Code, Chapter 1305 and Sections 408.023, 408.027, and 413,041 of the Texas Labor Code are hereby deleted as they do not apply to a Provider Panel set up under section 504.053 of the Texas Labor Code. The City's Provider Manual (under the name of Blackstone) shall instead apply to matters of notice, billing, dispute resolution, complaints, preauthorization,and xelated matters. 2• The parties agree that the City will bear the financial responsibility for payment to Member Provider under the terms of the Provider Agreement subject to the applicable Provider Manual and the provisions of the Texas Labor Code and applicable rules under the Texas Administrative Code. Rockport will continue to provide applicable network administrative services. 3. When used!it this Addendum,unless the content otherwise clearly requires,-the following words and terms shall have the meaning sat forth below, Ali other defined terms shall have the meaning ascribed to them in the Provider Agreement. R ORD M WOfi" Richard Haenko,DO Provider Agreement 'Tayors"will be the City as they are responsible for payment of medical benefits for compensable injuries and or illnesses sustained by its injured workers according to the Texas Workers CompensationAot, `91ackStone"is the 504 Provider Panel established by the City of)?ort Worth through this and other direct contracts using Rockport as its contracting agent "Provider Manual"mcans the Blackstone Provider Manual as amended from time to time and available upon request to the Member Provider. "Provider Panels"are those direct contracted panels formed by political subdivisions or publio pool entities authorized by Section 504.053 of the Texas Labor Code. 4. Member Provider agrees to participate in the 13lackStone provider panel for the benefit of the City ' and Qualited Participants, 5, Nothing in this Addendum or the Provider Agreement waives sovereign immunity or creates a new cause of action, 6, All other terms of the Provider Agreement shall remain in force and unchanged, Any_conflicts between this Addendum and the Provider Agreement shall be superseded by the terms provided herein. IN'WITMi SS's a-WREOF,the parties hereto have executed this Addendum effective on the day and year fast written above. For and on behalf of: City of Fort Worth Blackstone I Signature: _ Name: Su air lanis Title: Assistant City Manager Date: c� APP110VED AS TO FtaUA AND LEGALITY: moo® lstant Citi'h.ttomcv j 2 `� ` OFFICIAL RECORD had CITY SECRETARY FT.WORTH,TX Richard Hawke,DO Provider Agreement ROCKPORTHEALTHCAn GI OTT Stgnotiurlie NRUtei Date; M1;21 BIR PRO'S MM or Ro�resantafivclDas3guee .SignRture;� ��7 Womoi�Molliard Menke,DQ I i TIM.75-2842088 I ' ' II , . 3 i AIM ' t f HEALTHCARE GROUP,INC �(� I KPgR C? 2 2.5 V 70 P PHYSICIAN.AGREEMENT •`— ROCKPORT HEALTHCARE GROUP,INC. This Physician Agreement("Agreement"),is entered who desire to become a Member Provider with into by and between Rockport Healthcare Group, RHG. , . Inc., a Delaware Corporation ("RHG"), - its subsidiaries Rockport Community Network; Inc. (a I:2 "Qualified Participant" means: (a) an employee,. preferred provider organization. for -occupational member.and/or. dependent of an RHG,payor/client injuries and illness), Newton Healthcare Network, who is eligible to receive certain healthcare benefits Inc. LLC (a preferred provider organization for under an individual or group accident and health group and individual health and personal injury benefit plan, personal injury protection plan, or any protection), and Rockport Preferred, Inc. (a medical other insurance program; (b) a person who presents sa ' gs : card) and with authorization from the Employer prior to the �fGd/.4�2 ("Physician"), initiation oftreatment that the worker is currently- and urrently-and will become effective as of the date the employed and that the presenting problem was work Agreement.is..executed.by.RHO. _ relatcd;_.either..in writing..or, by telephone;. and (c) individuals and/or families eligible -to receive- WHEREAS, RHG is. engaged in the business of contracted rates as described in Exhibit B by virtue developing and acting in an administrative capacity of their verified participation in the Medical Access in providing individual. and group accident and Savings Card Program,which is neither an insurance health; occupational injury and illness; personal or benefit plan, injury protection; and Medical Access Savings'Card provider networks that offer a new integrated L3 "Payor" means an individual, organization, firm .:continuum of healthcare services. or.governmental.entity, including but not limited to an employer, .self-insured' employer, employer WHEREAS, .Physician desires to provide medical coalition, health. insurance purchasing cooperative,. care services to "Qualified Participants" who are insurer, third party administrator; or a Qualified covered by Payor Agreements at the rates in Exhibit Participant in a Medical Access Savings Card B; and Program. These Payors have entered into a Payor Agreement with RHG for the provision of. WHEREAS,RHG has entered intoAgreements with healthcare services to. . Qualified Participants and, one or.more insurance carriers, self insured groups, have agreed to pay'for such services; pursuant to and third party administrators to provide :for such Payor Agreement. . healthcare review, medical service, bill review/cost containment and other medical utilization.services 1.4 "mor Agreement" means. the agreement for employers. between RHG and a Payor, which is made before, on or after the effective date of this Agreement and . . .NOW; THEREFORE, in .consideration of the which expresses the agreed upon contractual.rights premises,the mutual promises contained herein, and and obligations of the parties: other good andvaluable consideration, the receipt and sufficiency of which are hereby acknowledged, 1.5 "Member Provider" means any physician; it is mutually agreed as follows: physician group; hospital; surgery center; diagnostic, imaging center; . laboratory; clinic; chiropractor;: L DEFINITIONS dentist; podiatrist; psychologist; ..social worker; . physical, occupationaland speech therapist; etc. When used in this Agreement and unless the content licensed or certified to practice a healthcare otherwise clearly requires, the following words and profession or licensed as a facility to offer healthcare terms.shall mean: services, in the state where services are rendered, who has met the credentialing requirements of RHG, I.1 "Physician'means a licensed Medical Doctor or and who has been accepted by RHG as a,Member Doctor of Osteopathic Medicine, or group of same Provider and who has executed a contract with RHG. Pagel of 11 RHO Physician Agreementdoc` 12/05/01 :. I.6 "Primary Care Physician" means a Member I.11 `Bill and/or Claim Form"means a HCFA 1500 Provider who has met the cxedentialing requirements and/or UB 92 used for billing for all services with of RHG to be a.Primary Care Physician and is regard to Accident-.and Health, Personal Injury designated by RHG as a Primary Care Physician. Protection, and Occupational Injury and Illness Plans. For services rendered to Qualified . - I.7 "Specialist Physician" means a Member Provider. Participants of the Medical Access Savings Card who has met the cxedentialing requirements of RHG Program, Member Provider can and should make to bea Specialist Physician, and to.whom Primary payment arrangements priorto the delivery of care Care Physicians. may refer for necessary and with the patient or responsible party. Services authorized care other than primary care services. provided in connection with the use of the Medical- Access Savings Card must be documented by a 1.8 "Emergency" means those health care services receipt that the Qualified Participant may use for tax that are provided in a hospital emergency facility purposes or..in conjunction with other coverage. after the .sudden onset of a medical condition Member Provider can pursue collection efforts manifesting. ,itself. .by_, symptoms of sufficient . directly_ .with_ .these...Qualified Participants if severity,including severe pain, such that the absence necessary. :. All others will be paid, when of immediate medical attention could reasonably be appropriate,only after submission of a complete and expected by a prudent layperson, possessing an accurate claim. average knowledge of health and medicine , to result .in: .(i) placing the Qualified Participant's health in H. PHYSICIAN OBLIGATIONS serious jeopardy; (ii) serious impairment to bodily functions; or (iii) serious dysfunction of any bodily. H.1 Services. Physician agrees to provide or arrange .:organ or part. To the.maximum extent permitted by for all medically necessary health care for Qualified .law, the determination of whether an Emergency Participants., who seek care from Physician. existed at the time covered services were provided Physician agrees to perform such services withthe shall be made exclusively by Payor. same standard of care, skill and diligence which is customarily used by Physicians in the.community in 19 "Covered Services" are those healthcare and which such services are rendered. Physician agrees health-related services as defined by each individual that it is his/her.sole responsibility to verify that the benefit plan and state and/or federal rules and individual presenting for care is a Qualified regulations. RHG will communicate Payor specific Participant: Physician agrees to render healthcare. Covered :Services to each Member Provider. servicesto Qualified Participants in the same Services covered under the Medical Access Savings manner, in accordance with the same standards, and Card Program are not subject to this definition. with the same. time availability as offered to... Physician's other patients. Physician shall ensure I.10 "Utilization Review and Quality Assurance that services provided are consistent with.RHG's . Pro am" means the program. or programs, pxograms,policies and procedures and the applicable applicable to the Payor, with .the exception of Accident and Health; Personal Injury Protection, Utilization Programs for .Qualified Participants in occupational injury and illness, Medical Access " the Medical Access Savings Card Program, as Savings Card programs and plans. Physician agrees amended from time _ to time, through which to comply with and be bound by all Benefit Plan appropriate, cost-effective, utilization of health Designs, State/Federal rules. -and regulations, resources is sought and utilization "and practice Utilization Review and Quality Assurance patterns .are monitored in order to identify and, as Programs. appropriate, to correct deviations from established norms. Medical necessity and medically necessary II2 Non-Discrimination. Physician shall not determinations are established and administered by differentiate or discriminate in the treatment. 'of the Payor or the Payor's designee, in accordance his/her patients as to the quality of services delivered with Exhibit A, with the exception of Qualified to Qualified Participants'because of race, sex, age, Participants in the Medical Access Savings Card religion, national origin, place of residence, source' Program. . of payment or health status. Physician shall observe, Page 2 of 11 RHG Physician Agreementdoe 12/05/01 protect and promote the rights of Qualified Enforcement Administration("DEA")and/or various Participants as patients. State Controlled Substance Registration Authorities. IL3 Covering Physician. Physician agrees to devote 1I.6.2 Medical Staff Privileges.. Certain medical such time as is necessary to the performance of specialties may not require hospital privileges such. his/her obligations under this Agreement, including as Industrial and Occupational Medicine, Pathology, maintaining reasonable office hours. Physician Dermatology, Allergy, etc. Where appropriate, agrees to maintain accessibility either personally or Physicians must maintain active, unrestricted staff by covering arrangements with another.'Member privileges with at least one RHG Member Provider Provider of likespecialty or other qualified hospital or Surgery: Center. Physician . hereby physician approved by RHG, on a twenty-four (24) consents to disclosure by such facility to RHG of alF hour-per-day, seven (7), day-per-week basis. data collected with . respect. to Physician in Physician shall ensure that such Member Provider or connection with Physician's: medical . staff other physician shall comply with RHG's and each membership, including without. limitation. all Payors Utilization Review and Quality Assurance applications for staff privileges and any renewals Programs -and._will:comply,.with Article IV.of this.,... _,thereof. Agreement. H.6.3 Organization's Requirements. Physician shall 11.4 Referrals. .Except in a medical emergency or comply with and be bound by RHG's criteria for when authorized 'by RHG or its designated provider participation, including RHG's representative, Physician agrees to refer Qualified administrative policies and procedures; as adopted Participantsonly to other. Member Providers, as and amended from time to time.by RHG. Physician defined in I.5, when medically necessary and shall cooperate with RHG's periodic evaluation of appropriate.All referrals must be in accordance with: professional qualifications which shall include;.but. the applicable Utilization Review and Quality not be limited to, Physician giving consent.to the Assurance.Program unless specifically directed by release:of information from any facility at which RHG. In addition,Physician agrees to use RHG's or Physician has medical staff privileges. In,addition, the applicable Payors pharmaceutical formularies, if Physician shall cooperate .with RHG's ,and each any,•when prescribingmedications for Qualified Payor's programs and procedures, as approved by Participants. RHG,for the expeditious resolution of any grievance or complaint. 11.5 Reports. For each.encounter where Physician .provides. 'services to a Qualified Participant, II.7 Notification to RHG. Physician represents and Physician shall report such encounter on an warrants that information provided herein and in the appropriate form and shall: include statistical, RHG provider application is true and accurate in all descriptive medical and.patient data and identifying respects and acknowledges that RHG.is relying on information, if and to the extent that reports are the accuracy of such information in entering into and specified by RHG or its designated representative. continuing the term of this agreement. Physician shall notify RHG immediately upon becoming aware II.6 Professional Requirements. of the initiation of any investigation, disciplinary action, sanction, or peer review action against` II.6.1. Licenses. Physician shall be duly licensedto Physician that could result in (i) suspension, practice medicine in the state where care is rendered reduction or loss of license to practice Physician's And hold _ such other - licenses, certifications, profession or. to provide healthcare services; (ii) . . registrations, permits and approvals as_are required denial; suspension, restriction, reduction or.. for the lawful conduct of Physician's practice. termination of privileges or staff membership at any. Evidence of such current -licensing and/or health facility or by any peer review.body; (iii) certifications shall be submitted promptly to RHG. impairment of Physician's_ ability, to- provide when data changes or renewal occurs and upon . healthcare services safely; or (iv) imposition of any request. Physician will have, where appropriate, a sanction under the Medicare program or Medicaid current narcotics number issued by the appropriate program. In addition, Physician shall provide prior . . authority, currently the United States Drug written notice to RHG of any changes in (i) Federal Page 3 of 11 RHG Physician Agreement.doc 12/05/01 Tax Identification Number, (ii) other information designated representative thereof, including . the provided in his/her application.for participation, (iii) designated utilization review, quality management, Physician's professional liability insurance, (iv) case management or peer review staff, to have Physician's billing or office address,and(v) services reasonable access to treatment records and provided by Physician. A failure to give any notice information of Qualified Participants for services required by this Section shall be a material breach of provided under the terms of this Agreement as Physician's obligations and responsibilities necessary to enable such party.to perform Utilization hereunder, regardless of the status, pendency or Review and Quality Assurance activities in outcome of the event giving rise to the obligation to accordance with the applicable Utilization Review give that notice, and may be grounds for delay in and Quality Assurance Program. In addition, payment, claim denial and/or immediate termination Physician agrees that in the event an examination " of this Agreement. concerning the quality of healthcare services is conducted by appropriate officials; as required,by H.8 Medical Records. Physician shall maintain federal,state,and/or local law,RHG shall submit, in, complete.and timely medical records for Qualified a timely fashion,any required books and records and Participants treated by Physician. Such records.shall....... __shall.,:.facilitate, such..examination: RHG and be prepared in accordance with accepted principles. Physician agree to assist one another.with on-site of practice, shall document all services performed inspection of facilities and records by representatives for Qualified Participants and shall comply with all of authorized federal, state and local regulatory applicable state and federal laws. Physician shall agencies. maintain such records for the length of time required by applicable state or federal law. Subject IL 10 Relationship of Parties. Physician understands to all applicable privacy and confidentiality and agrees that he/she is an independent legal entity. requirements,. such medical records shall be made Nothing in this agreement shall be construed.or available.- to each physician and other health deemed to create a relationship of employer and professionals treating the Qualified Participant, and employee, principal and agent, partnership,or joint upon request, to the Payor, RHG or its designated venture or any relationship other than that of representative for review at no charge. Physician independent parties contracting with each other shall obtain a'valid consent for the release of the solely to carry out the provisions of this Agreement Qualified Participant's medical records to other for the purposes recited in this Agreement. With providers, RHG, Payor,. or its designated regard to the provision of medical and healthcare representative. RHG agrees that medical records of . services,Physician acts as an independent entity and Qualified Participants shall be treated as confidential the Physician-patient relationship shall in no way be so as to comply with all federal and state. laws and affected. regulations regarding the confidentiality of patient records. The Physician's obligations under this II.11 Standards of.Care.. Physician agrees that all Section 11.8 shall survive the termination of.this duties performed hereunder shall be consistent with . Agreement. the proper practice of medicine, and that such duties shall be performed in accordance with the customary. II.9 Inspection of Records and Operations.. RHG, rules of ethics and conduct of the American Medical Payor, with the exception of Qualified Participants Association or American Osteopathic Association, in the Medical Access Savings Card Program or a as the case may be, and such other bodies, formal or , designated representative, shall have the right to informal, government or otherwise, from which inspect and audit, at all reasonable times during physicians seek advise and guidance or by which normal business hours, upon prior notice, any of they are subject to, licensing/certification and Physician's accounting, administrative, medical control. Additionally, Physician shall perform all records and operations reasonably pertaining to medical and healthcare services in conformance with RHG, to services provided to Qualified Participants, the standards for his/her specialty as established by arid. to Physician's performance under . this the applicable specialty board and the local/regional Agreement. Physician Ruther agrees to allow RHG, medical community. Physician agrees that he/she Payor (with the exception of Qualified Participants shall not engage. in any acts of moral turpitude, as in the Medical Access Savings Card Program), or a determined by RHG in good faith. Physician agrees Page 4 of 11 RHG Physician Agreement.doc 12/05/01 that, to the extent feasible,.he/she shall utilize such III.3 Credentialing. RHG will perform and/or additional allied health and other qualified personnel delegate to qualified organizations credentialing of as are available and appropriate for the effective and each Physician to be included under this Agreement. efficient delivery of care. Physician shall ensure that Credentialing may .include verification-. of all all such personnel are properly licensed and/or information and documents provided in the possess the necessary credentials to render the application for participation and investigation of services that they perform. Physicians education, training and practice history, including but not limited to queries to the National II.12 Right to Use Physician's Name. . Physician Practitioners Data Bank and current and previous agrees to allow RAG to list Physician's name, professional liability carriers, Medicare and specialty, address and telephone number and other Medicaid. relevant information in a Member Provider directory or other materials to help promote and solicit IIIA Operational Functions. RHG shall assign. a contracts with Payors.. Physician agrees not to use designated representative to be a liaison ,with the RHG's trademarks or trade .names without RHG's Physicians and Payors, with the exception' of prior written consent. y _ ::.,... Qualified Participants.in the Medical Access Savings Card Program, to devote reasonable time and effort II.13 Noncompliance. Physician understands that to perform RHG's responsibilities hereunder. RHG his/her failure, to comply with any of the shall arrange, for claims processing except for requirements imposed on him/her pursuant to this Qualified Participants in the Medical Access Savings Agreement may result in corrective action .or Card Program. termination of this Agreement by RHG. , IV. REIMBURSEMENT,CLAIMS 11.14 Antitrust Guidelines. Physician agrees to SUBMISSION AND PAYMENT comply with.all antitrust guidelines and procedures promulgated by Federal and State entities and RAG IV.1 Reimbursement.RHG shall arrange for Payors from time to time. to pay Physician the reimbursement: rates for services..rendered to Qualified Participants pursuant III_. RHG's.OBLIGATIONS to Exhibit B. Physician agrees and acknowledges that RHG. is acting solely. in an administrative 111.1 Marketing to Payors. RHG shall enter into capacity in providing a network of quality health agreements with Payors; implement systems to services. .RAG is not theclaims paying agent and respond to Payors, Customers. and Member will notbe liable for the payment of any amount Providers requests for information; provide owed by a Payor to Physician in the event that clarification of policies concerning the operation of Physician is unable to collect such amount of Plans or Programs, as defined by Payor Agreements; money, and assist Member Providers to obtain information or clarification regarding the. Plans or Programs. IV.2 Reimbursement Rates. Physician is to be paid Physician agrees to work in cooperation with RHG . by the Payor according to the rates established in' to market the services of the Member Providers to Exhibit B. Physician hereby agrees that rates in Payors. Exhibit B,which niay be amended from time to time upon mutual agreement, represent-the total amount. . 111.2 Utilization Review and Quality Assurance to be received and agrees to look solely to the Payor Programs. Payor with the exception of Qualified for payment for such services. Payment will be. Participants in the Medical Access Savings Card made for healthcare services actually rendered. For Program or RHG may establish Utilization Review services rendered to Qualified Participants of the . and Quality Assurance Programs. Such programs Medical Access Savings Card Program, Physician shall be in accordance with the Standards and can and should make payment arrangements prior to Guidelines established by RHG as outlined in the delivery of care directly with the patient or Exhibit A,which may be amended from time to time responsible .party. Services provided under the upon written notice to Physician. provisions of the Medical Access Savings Card Program must be documented by a receipt that the Page 5 of 11 RHG Physician Ageement.doc .12/05/01 Qualified Participant may use for tax purposes or in responsible for payment for services deemed not to conjunction with other coverage. Physician can be a covered service by RHG or.its designee unless, pursue collection efforts directly with Qualified prior to providing such services, the Qualified Participants of the Medical Access Savings Card Participant has been informed that (i) the.services(s) Program, if necessary. All others will be paid,when to be provided are not.covered, and (ii) that the appropriate, only after submission of a complete and Payor with the exception of Qualified Participants in. accurate claim. RHG does not guarantee and makes the Medical Access Savings Card Program, will not no guarantees, representations, .warranties or pay for such services, and (iii) that.the Qualified covenants regarding the selection or use of Participant will be financially liable• for such Physician's services by any Qualified Participant or services, and (iv) the Qualified Participant Payor, or the number of patients, if any, which may voluntarily agrees, in writing, to pay .for such- result from participation in RHG's provider network. services:.When Qualified Participant is covered by.a The obligation of.a Payor to reimburse Physician in state or federally regulated 'occupational injury and accordance with Exhibit B for the provision of illness program, Physician agrees to comply with services to a Qualified Participant shall'. be state and federal regulations regarding .holding conditioned..upon.a.good faith determination by the _ Qualified Participants_harmless for amounts not paid Payor or its designated representative that (i) by Payor for any reason, including Payors: Physician is in compliance with the Payor's insolvency. utilization management program, and (ii) such services . are medically necessary, whether_ such IV,5 Payment• of Claims. RHG shall determinations .are made before, on or after the administratively arrange for. the Payor or its provision of services to such Qualified Participant. designated representative to pay undisputed claims which are accurate, complete and comply with the IV.3 Claim Forms, Claim forms are required for all. Agreement within the shorter of(i) the time period. services :with the 'exception of services provided. mandated by state law, or (ii) the .time period under the provisions of the Medical Access Savings established bythe applicable Payor Agreement, Card Program. All claims must be submitted complete and accurate on HCFA 1500 and in the IV.6 Erroneous Payment. m the event that a Payor, manner designated by RHG and must include billed and/or its designated representative pays, the charges(not discounted rates)and appropriate codes, Physician (i) more than once, or (ii) -an incorrect consistent with policies established or approved by amount, or (iii) an overpayment, the Payor or its RHG or the applicable state regulations. All claims designated representative may,.at its sole option and must be submitted within thirty (30) days, or within discretion, request the return of such amount from such time period from the date of service, or as Physician. - specified by RHG or its designee. In the event that Physician is unable to submit a claim in accordance IV.7 Copayment/Coinsurance: Physician may with this Section IV.3, as a result of factors not directly bill a Qualified Participant (excluding within Physician's reasonable control, Physician occupational injuries and illnesses and the Medical shall notify RHG. in writing of the. cause of Access Savings Card) for copayments, coinsurance Physician's inability to submit the claim and RHG and deductibles,.but payment.for such copayments, !nay, but shall not be required to, waive the coinsurance and deductibles shall be in accordance provisions of this Section IV.3.. with the amounts set forth in the applicable benefit IVA Limited Recourse Against Qualified plana Physician may directly bill and collect from.a. Participants. Except as otherwise provided in this _.Qualified .Participant- at _Physician's usual and Agreement (Section I.9), Physician agrees to seek customary charges' for any Qualified. Participant payment from each Payor for services provided to its approved services rendered which are not Covered Qualified Participants, and agrees that he/she will Services. Neither the.Participating Payors nor RHG not seek additional payments or reimbursement from shall have any liability or responsibility,to Physician Qualified Participants. In addition,Physician agrees for these charges. that neither RHG, the Payor nor the Qualified Participant shall be billed or ultimately held Page 6 of 11 RHdPhysician Agreement.doc . 12/05/01 V. HOSPITAL_/FACILITY ADMISSIONS claim and to cause their insurers to do likewise. However, RHG shall have the right to take any and If a Qualified Participant requires a non-emergency all actions they believe necessary ,to protect their hospital/facility, admission by Physician, Physician interest. - shall verify the patient's status as a Qualified Participant, arrange for admission with a Member VI.3 Indemnification of Physician. Physician will be Provider and, if required by RHG or the Payor, responsible for its own acts or omissions and any secure authorization for such admission prior to the and all claims, liabilities,injuries; suits and demands admission in accordance with the applicable and expenses of all kinds which may result or arise Utilization Review and Quality Assurance Program. out-of any alleged malfeasance or neglect caused or Medical Access Savings Card Program Participants alleged to have be caused by: its employees or do not require pre-certification, authorization or representatives, in the performance or omission of utilization management forhospital/facility any act or responsibility under this Agreement. In, admission. For all other Qualified Participants a the event that a claim is made against Physician, it is Physician who does not.secure the required prior the intent of Physician to cooperate in the defense of. authorization or comply with continuing stay.review-._,. _ said claim and,to cause,their insurers to do likewise. processes under.the applicable Utilization Review However, Physician shall have the right to take any - and Quality Assurance Program, may be denied and all actions they believe necessary to protect their payment for professional services associated with interest. the Qualified Participant's admission. Finally, Physician agrees to cooperate and participate in a VII. TERM AND TERMINATION coordinated discharge planning program as may be established by RHG or applicable Payor. VII.l . Term. The term of this Agreement shall be for one (1)year from the:date hereof and shall be VI.'INSURANCE AND INDEMNIFICATION automatically .renewed on an annual basis for successive twelve(12)month periods,unless sooner_ VI.I.Insurance Requirement.Physician shall provide terminated in accordance with Section VII.2. and maintain such policies of professional liability insurance, in a form and with insurance carriers VII.2 Termination. This Agreement may be acceptable to RHG. The amounts and extent of such terminated sooner on the first to occur of the insurance coverage shall be in the .amounts following; . determined by community standards for relevant specialties and shall be subject to the approval from VII.2.1 Termination by Physician. Physician may time to time of RHG. If such coverage is under a terminate this Agreement in the event of a material. "claims-made" policy, Physician agrees to provide default or breach of RHG's obligations hereunder, and maintain such insurance .coverage or a "tail" upon thirty (30) days prior written notice and the policy in the same amounts following the failure of RHG to cure such breach or default within termination of this Agreement. �Physician shall such thirty(30) day period. In addition, in the event_ promptly demonstrate evidence of insurability and of an "emergency situation", Physician. may ` that the required insurance is paid and in force upon terminate the Agreement upon thirty(30) days prior request of RHG. written notice and the acknowledgment by RHG that such an emergency condition does exist. VI.2 Indemnification -of RHG. RHG. will be "Emergency Situation" shall mean an unforeseeable responsible for its own acts.or omissions and any event,not resulting from Physician's act or.omission, and all claims,liabilities, injuries, suits.and demands which materially affects, Physician's. ability to and expenses of all kinds which may result or arise continue the practice of medicine or to perform his out of any alleged malfeasance or neglect caused or obligations hereunder. alleged to have be caused by its. employees or representatives;_ in the performance or omission of VII.2.2 Termination by RHG. A Member.Provider any act or responsibility under this,Agreement. In shall automatically be.telminated on the date when; the event that a claim is made against RHG, it is the (i) Physician's license to practice medicine or other intent of RHG to cooperate in the defense of said licensed healthcare profession in the state where Page 7 of 11 `RHO Physician Agreement.doc _ 12/05/01 services are rendered, is suspended or revoked, (ii) VII.3 Effects of Termination. Upon termination of Physician's medical staff privileges at a participating this Agreement, neither party shall have any further facility are revoked- or suspended, unless such obligation hereunder except for (i) obligations Physician's privileges are reinstated within twenty accruing prior to the date of termination, including (20) days of such suspension, (iii) Physician's DEA without limitation, any.obligation by Physician to or applicable. State Controlled . Substance continue to provide healthcare services to Qualified . Registration number required by Section II.6 above Participants, and (ii)obligations, promises or, is suspended or,revoked, unless such Physician can covenants contained herein which are expressly arrange for other Member Providers to prescribe made to extend beyond the term of this Agreement. regulated drugs for Qualified Participants under the care of Physician within ten(10)days of such loss of VIIA Qualified Participant and Payor Notification. such Registration number(s) and gives RHG notice Upon the termination of this Agreement, by either of the same, (iv) Physician is excluded from party, Physician shall cooperate with RHG to notify participation in the Medicaid or Medicare programs, Payors, and Qualified Participants of such (v) Physician loses or experiences a material termination. reduction_in,,malpractice insurance,..(vi) Physician _. ._ . . _. engages in any act, omission; demeanor or conduct VIII. CONTINUATION OF BENEFITS that is reasonably likely to be detrimental to patient safety or to the delivery of quality patient care, or to VIII.1 Continuation of Benefits. Except for Medical lead to the provision of professional.services below Access Savings. Card Program Participants, upon applicable professional standards, or (vii) Physician termination of this Agreement, Physician shall is convicted of a Felony, (viii) Physician is found incontinue to provide services in accordance with this violation of professional conduct, or(ix) thirty(30) Agreement to any Qualified Participant currently days following written notice by RHG of a material undergoing treatment by Physician.until wr eedically default or.breach by Physician hereunder and the appropriate transfer of care has been accomplished failure of Physician to cure such default or breach provided,however,that.Physician shall exercise best. during such thirty(30)day period. efforts to accomplish such transfer withimthirty(30) days after the -date this 'Agreement. terminates.. VII.2.3 Termination for Insolvency, This Agreement Physician shall be reimbursed for any such services shall terminate immediately in the event.that either in accordance with the terms of this Agreement. RHG or Physician: voluntarily or involuntarily, liquidates, dissolves or becomes subject to any VITI.2 Survival. The provisions of this Article VIII proceeding for the rehabilitation or conservation of shall survive the termination of this. Agreement their financial affairs. regardless of the cause giving rise to such _ termination, as will sections II 8, VI.2, VI.3, VII.3, VII.2.4 Termination by Either Party. Either party IX, and X, The .provisions of this Article.VIII may terminate this Agreement without cause upon supersede any oral or written agreement to .the one hundred twenty(120)days prior written notice. contrary now existing or hereafter entered into between Physician and any Qualified Participant or VII.2,5 Unforeseen Events. In the event that either any person acting on a Qualified Participant's behalf. party's ability to perform their obligations under this Agreement is substantially interrupted,by war, fire, IX. CONFIDENTIALITY insurrection, riots, the elements, earthquake, acts of God, or other similar circumstances, beyond the All business, medical and.other records relating to reasonable control of such party, the party shall be the operation of RHG, including, but not limited to,' relieved of those obligations for the duration`of the books of account, general administrative records,. interruption upon notice to the other party. In the policies and procedures, pricing information, terms event that the interruption'is reasonably determined of this Agreement and all information generated likely to persist for at least ninety (90) days,either and/or contained in management information party may terminate this Agreement upon thirty(30) systems owned by or pertaining to RHG, and all days prior written notice. systems, manuals, computer software and other materials, but excluding patient charts, shall be.and Page S of 11 RHG Physician Agreement.doe 12/05/01.. remain the sole-property of RHO (collectively, the X.2 Non-Exclusivity. Nothing-in this Agreement "ConfidentialInformation"). Physician shall be construed to restrict the Physician'or RHO acknowledges that the Confidential Information and from entering into other contracts or agreements to all other information regarding RHO, that is provide healthcare services to Payors _or other competitively sensitive, is the property of RHO and healthcare delivery plans, patients, and employer RHO may be damaged if such information was groups: revealed to ,a third party: Accordingly, Physician agrees to keep strictly confidential and to hold in X.3 Entire Agreement: This Agreement contains trust all Confidential Information. Upon termination the entire understanding of the parties and of this Agreement by either party for any reason supersedes any prior understandings and agreements; whatsoever,Physician shall promptly return to RHO written or oral, respecting the subjects discussed all material constituting Confidential Information or herein. containing Confidential Information; and Physician X.4 No Waiver. The waiver by either party of a will not thereafter use, appropriate,. or reproduce breach, or violation of any provision:. of this such information or disclose such information to any Agreement shall not operate as or be construed to be third party.—Physician.specifically agrees that_under.. a.wadyor of any..subsequent breach hereof. no circumstances will Physician discuss the terms and conditions of this Agreement, and in particular X.5 Regulatory Compliance, -Physician and RHO. the pricing information herein, with any. Member agree that each shall comply with all applicable Provider, healthcare provider or purchaser of requirements of municipal, county, state and federal healthcare services. authorities, all municipal and county ordinances and regulations, and all applicable state and federal X. MISCELLANEOUS statutes and regulations, now or hereafter-in force and effect, governing RHO, Physician the provision. X.1. Disputes. All disputes and differences between of services of by a Physician, 'and/or Payors; the Physician and RHO upon which an amicable including but not limited to applicable requirements understanding cannot be reached are to be decided under any state or federal fair employment practices,. by the following method: equal employment opportunity, or similar laws declaring discrimination in'employment based upon X.1.l Mediation through RHO. The Physician shall race, color,creed, religion; sex; or national origin as notify RHO. in writing of the dispute or illegal, and,Titles VI and VII of the Civil Rights Act disagreement, he/she shall supply RHO with all of 1964, Section 202 of Executive.Order 11246 as pertinent information and state his/her position on amended by Executive Order 11375, Sections 503 the dispute. Upon receipt of this information, RHO ' and 504 or the Rehabilitation Act of 1973 and Title will immediately contact Payor and require the same IV° of the Vietnam Era Veterans Readjustment information. RHO will then attempt to mediate the Assistance Act of 1974, and Sections 1 and 3 of dispute to the mutual satisfaction of all parties. If Executive Order 11625, or any applicable rule or mediation is not possible within a reasonable time, regulation promulgated pursuant to any such laws:or not to exceed thirty.(30) days from the time of first orders. notice,the following procedure will apply; X.6 Governing. Law. This Agreement shall be X.1.2 Arbitration. If the dispute cannot be solved by governed by and construed. in accordance with the mediation process described above, either the applicable Texas State law. Physician, RHO or Payor may elect to submit the . dispute to binding arbitration under the rules of the ~ X.7. Amendments: This Agreement may be American.Arbitration. Association or any other amended ,by RHO upon thirty (30):days written . method of arbitration mutually agreed upon by the notice of such proposed amendment. Failure.- of parties. Arbitration will be conducted in Houston, Physician to provide written objection to such Texas. Each party will be responsible for their own " amendment within the thirty (30) day period shall legal fees. The cost of the arbitration services will constitute Physician's approval of such amendment. be the sole responsibility of the party requesting the arbitration. Page 9 of 11 RHO Physician Agreement.doe. 12/05/01 X.8 Severability. The invalidity or un-enforceability Physician or Representative/Designee: (Please Print) of any term or condition hereof shall in no way affect the validity or enforceability of any other term Name: (Y nk&iL. 1+/ um KE lorneC or provision. p Organization: O R. R i cynayd 61 e'nke X.9 Assignment. Physician may not assign or otherwise transfer any right or delegate any duty of Address: I bQ5j I LLKYJ Fyetwc2m 3rdq performance hereunder, in whole or in part without the prior written consent of RHG. RHG retains the City/State/Zip: G,-C) TX '1(o U A right to assign this Agreement,in whole or in part,to any entity with which RHG-or its parent company or Telephone: C) any of its subsidiaries is affiliated, or with which it merges or consolidates. Fax: girl-5'71 - JC A 8a+ X.10 Third Party Beneficiaries. Except for Payors Organization: and the agents .thereof,_.there-are..A_o third .party..... -.__. . . _...._. _ . . _:Rockport.Healthcare Group,Inc. beneficiariesof this Agreement. Attn: Director of Provider Relations 50 Briar Hollow Lane, Suite 515W X.11 Captions. The captions and headings Houston, TX 77027 contained in this Agreement are for reference Telephone: (713) 621-9424 purposes only and shall .not affect in anyway the Fax: (713) 621-9511 meaning or interpretation of this Agreement. or to such other address, and to the attentionof such X.12 Execution of Counterparts. This Agreement other person(s) or officer(s) as either party.'may may be executed in any number of counterparts, designate by written notice. including facsimiles, each of which shall be deemed to.be an original as against any part whose signature appears thereon, and all of. which shall together constitute one and the same instrument. X.13 Partial Invalidity. If any part, clause or provision of this Agreement is held to be void by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and shall be given construction,_if possible, as to permit it to comply with the minimum requirements of any applicable law, and the intent of parties hereto. X.14 Official Notices. Any notice or communication required,.permitted or desired to be given hereunder shall be deemed effectively given when personally delivered or mailed, return receipt requested, or overnight express mail addressed as follows: Page 10 of 1 I RHG Physician Agreement7doc 12/05/01 IN WITNESS WHEREOF, the undersigned will be deemed to have executed this Agreement as of the date this Agreement is signed by RHG. For and on behalf of: For and on behalf of: Rockport Healthcare Group,Inc. Physician or Representative/Designee 50 Briar Hollow Lane, Suite 515W ,- Houston,TX 77027 SignatureV/ -O�t Name: i awd F 14 af.ADb Mark C.Neer (Print) Sr.Vice President.Busbjess De v 4ment TIN: �� Date: Date: &I;- . r Page 11 of 11 RHG PhysicianAgreementA0c 12/05/01 EXHIBIT A STANDARDS AND GUIDELINES FOR PAYORS' UTILIZATION REVIEW AND:QUALITY ASSURANCE PROGRAMS ROCKPORT HEALTHCARE GROUP,INC. (RHG) Each.Accident and Health, Occupational Injury and Illness, Personal Injury Protection,Payor or RHG may have or may establish a Utilization Review and Quality Assurance Program for its Qualified Participants. Medical Access Savings Card Program Participants do not fall under any Utilization Guidelines. All other Payors or. RHG may designate a utilization review organization to conduct the utilization review and case management of healthcare services under such Utilization Review and Quality.Assurance Program. RHG shall review each Payor's,with the exception of Qualified Participants in the Medical Access Savings Card Program,Utilization Review and Quality Assurance.Pro gram in accordance with RHG's Standards and Guidelines . for Payors' Utilization Review and Quality Assurance Programs asr described.in this Exhibit. Physician and/or Member Provider agrees to comply-and be bound by such program in accordance with Article II of. this, Agreement. Such Standards and Guidelines for Utilization Review Programs may be amended from time to time upon written notice to Physician and/or Member Provider. The primary goals of the Utilization Review Programs shall be to: 1) Ensure and certify for the payment of benefits that healthcare services meet the definition of medical necessity as defined by the Payor or the Payors designee; 2) Ensure that healthcare services are provided at the appropriate level of care; and - 3) . Ensure that healthcare services meet local community standards for quality of care. Utilization Review Programs may include one or more of the following components: 1) Pre-Admission/Prospective Review of elective admissions for all inpatient and ambulatory surgical services. 2) Post-Admission Review of emergency and urgent inpatient admissions. .3) Admission and/or.Concurrent Review of all inpatient stays. Concurrentreviews.may include periodic reviews and certification of treatment plans. 4) Continued Stay Review of all inpatient cases when the proposed length-of-stay exceeds that which was initially certified by reviewers of the applicable Utilization Review Program. 5) Retrospective Review ofinpatient and ambulatory surgical cases. 6) Outpatient Certification of certain outpatient services prior to rendering such services,as determined by the applicable Plan. (continued on next page) . . Page 1 of 2 RHG Exhibit A.doc EXHIBIT A (continued) PREADMISSION/PROSPECTIVE REVIEW The Physician and/or Member Provider shall notify the.designated..: utilization review organization for all elective hospital inpatient, day surgery (hospital, free. standing facility, office-based), and short stay admissions. The Physician and/or Member Provider is responsible for providing the designated utilization review organization with the necessary pre-admission information. Whenever possible Physician and/or Member Provider will do, or cause to have done, pre-admission 'testing when Qualified. Participant is to.be..hospitalized. Unless otherwise approved in writing by RHG or Payor any Qualified Participant requiring any elective surgical procedure shall have such surgery performed on day of admission to the facility(hospital or surgery center). The following information is required: (a) Pat'ient's name, age, sex,and date of birth,- (b) irth;(b) Qualified Participant's name,address, social security number; (c)-Name of Payor; (d) Diagnosis(ICD-9 code)and Procedure(CPT code)if applicable; (e) Name,address,and telepf one`number of the Admitting Physician and/or Member Provider; (f) Name, address,telephone number of the Hospital or Facility; (g) Date of service(admission and/or procedure date); and (h) Admit type:Emergency, Scheduled,Urgent,Psychiatric. After obtaining the information and determining that theadmission is medically necessary, the .designated utilization review organization shall provide the admitting Physician and/or Member Provider; with .a.- certification/authorization and/or case number. If the Physician and/or Member Provider has not received notice of a pre-admission determination at the time of a scheduled admission, including ambulatory surgery,the Physician and/or Member Provider shall contact.the designated utilization review organization to request the determination. Claims/Cases which are subject to retrospective review and-potential denial of payment include but are not limited to the following: • Any admission that was not pre-certified prior to admission or within the Payor specified time frame for emergency admissions; • Any service that required pre-certification prior to the provision of such.service which was not pre- certified; and Services which are determined not to be medically necessary. SECOND OPINION When a second opinion is required,the Physician and/or Member Provider shall provide the second opinion Physician and/or Member Provider with the necessary information to evaluate the patient and to minimize duplication of services. CONCURRENT REVIEW Throughout the hospital stay,the attending Physician and/or Member Provider shall provide the necessary information to substantiate the need for treatment and continued stay. . The Member Provider, Physician or Qualified Participant may appeal a utilization review determination by. notifying the utilization review organization that did the initial review. Such requests shall be made in accordance with the Payor's Utilization Review Program's appeal process and shall contain documentation justifying a reconsideration. Final decisions on payment determination shall reside with the Payor. Page 2 oft. RHG ExhibitA,doc' EXHIBIT B Reimbursement Schedule ~'J I. Newton Healthcare Network-Accident &Health; Personal Injury Protection (PIP); Passport; Medical Access Savings Card (FS ) Provider fees for the programs Iisted above shall be reimbursed at the following: e 80% (eighty percent)of billed charges. "BR" (By Report), "RNE" (Relativity Not Established), HCPCS (Health Care Financing Administrations Common. Procedure Coding System)and any unlisted procedure code will be paid at 80%(eighty percent)of billed charges. Coverage: Coverage for all procedures on the fee schedule are subject to the terms and conditions of the applicable Benefit Plans and/or the provisions of the Medical Access Savings Card Program. II.Rockport Community Network-Occupational Injury and IIlness (FS ) „Provider fees for the programs listed above shall be reimbursed at the following: States with mandated fee schedules-A11 fees will be reimbursed at 85. (eighty five percent)of the state's mandated fees,rules ~ and regulations or usual and customary allowables. The following Will be reimbursed at 100% of the specified allowable: Designated Doctor;Maximum Medical Improvement and/or Impairment Rating(99456) . Required Medical Examination(RME)(99499) Initial Medical Report(TWCC Form 73)(99080-73) Report of Medical Evaluation(TWCC Form 69)(99080-69) '!BR" (By Report),"RNE" (Relativity Not Established),"HCPCS" (Health Care Financing Administrations Common Procedure Coding System), "DOP" (Documentation of Procedure)and any unlisted procedure code will be paid at 85% (eighty five percent)of usual and customary allowable. Coverage: . Coverage. for all procedures on the fee schedule is subject to the terms and conditions of the applicable Occupational Injury or Illness Benefit Plan. Schedule: Schedule 1I shall apply to the applicable state mandated fee schedule, rules and regulations and will update accordingly and in conjunction with the same,. I/We accept the fees as outlined in this Exhibit B. For and on behalf of: For and on behalf of: (Name,address,etc.) ROCKPORT HEALTHCARE GROUP,INC. Ic1 R I ( hcurd F 46M k 50 Briar Hollow Lane,Suite 515W 1`3U6 Rlroo f1"P.tlt1)PL;ta suA tt 3 `r. Houston,Texas 7702 -160-01 Signature Mark C.Neer Printed Name ►(+)/.j KIS Sr.Vice President,Busine Devel meat Title Date TIN 7 g Yo Date 121401 . Page I of I 12/19/01 2015RHG.doe