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HomeMy WebLinkAboutContract 47186-P20 1 ct,`,y sECRETIRY LIQ to cONT ACT NOa 4111 ADDENDUM To B1ackStone 504 Program Provider Agreement This Addendum is entered into by and among John Thomas. MD ("Member Pro ' et", Rockport Community Ne ork "Rockport"), and the City of Fort Worth ("City") on tb 4W.day of 2C��. r WHEREAS, Rockport and Member Provider entered into a Provider Agreement, effective , ("Provider Agreement"),and desire that this Addendum apply to covered services that are governed by the Texas Insurance Code,Texas Labor Code,and Texas Administrative Code. WHEREAS, Rockport has contracted 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. WHEREAS, the City has determined that a workers' compensation health care network certified under Texas Insurance Code Chapter 1305 is not available or practical for its self-insured workers' compensation program needs and,as such,have elected 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 contract between Member Provider and the City that make available covered set-vices for Qualified Participants'needs to the injured workers of the City. NOW,THEREFORE,for good and valuable consideration,the sufficiency and receipt of which is hereby acknowledged,the parties agree as follows: 1. All terms and conditions of the 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 related 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 in this Addendum,unless the content otherwise clearly requires, the following words and terms shall have the meaning set forth below. All other defined terms shall have the meaning ascribed to them in the Provider Agreement, O FPCIAL RECORD FT.WORTH,TX i John Thomas,MD Provider Agreement "Payors" 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 Compensation Act. "BlackStone" is the 504 Provider Panel established by the City of Fort Worth through this and other direct contracts using Rockport as its contracting agent I "Provider Manual"means 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 public pool entities authorized by Section 504.053 of the Texas Labor Code, 4. Member Provider agrees to participate in the BlackStone provider panel for the benefit of the City and Qualified 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 WITNESS VMEREOF,the parties hereto have executed this Addendum effective on the day and year j first written above. I For and on behalf of: City of Fort Worth BlackStone I Sianatur Name:Su anis Title: Assistant City Manager Date: �0 VED AS T � ��i LIT : tPPROl3hV? C � Assl6tarA0041C Lim �ocs000gpll $ o OFFICIAL RECORD by °00o�000°00" CITY SECRETARY FTL w,nRTH,TX Mary W Se , ity Secretary John Thomas,lwlD Provida Agreement ROCKPORT COM WNXTY N)ZTWORX(,INC. Name;101M paolacoi Title;Sr.Vice Prssldent Rafe; Ca h-1 H k W,M33ER PRO VIDUR oz• Representative/Doslgnao Signafui•et Name;john Thomas,l�rlD Title; ORTHOPAEDIOSURGEONAND SPORTS MEDIC WE. Date; 6� L:g -� TIN:20-5366221, I 3 ROCKPORT TM PHYSICIAN AGREEMENT ROCKPORT UNITED NETWORK ROCKPORT SELECT-HEALTH NETWORK This Physician Agreement("Agreement"),is entered I. DEFINITIONS into by and between Rockport Community Network, Inc., a Nevada Corporation, dba Rockport When used in this Agreement and unless the content Healthcare Group ("RHG"), dba Rockport United otherwise clearly requires, the following words and Network (a preferred provider network for terms shall mean: Occupational Injuries and Illnesses), dba Rockport SelectHealth Network (an exclusive provider L 1 "Physician"means a licensed Medical Doctor or network) and John Thomas, MD, PA ("Member Doctor of Osteopathic Medicine, or group of same Provider"), and will become effective as of the date who desire to become a Member Provider with the provider is fully credentialed by RHG. RHG. WHEREAS, RHG is engaged in the business of Pursuant to Title 28, Texas Administrative Code developing and acting in an administrative capacity §10.42 regarding Network Contracts with Providers in providing Occupational Injury and health provider seeking to participate in Texas Certified Workers' networks that offer direction of care while providing Compensation Networks, savings to RHG clients and/or Payors. These networks will offer greater coverage of services and 1.2 "Qualified Participant" means an"employee" as savings;and defined and used in the Texas Labor Code, the Network Act Section 1305 and the implementing WHEREAS, R 4G has networks of contracted rules who sustained a work-related injuzy/illness that physicians, physician groups, hospitals and is determined compensable by a CIient and that providers of ancillary healthcare services participates in the Rockport United Network or (collectively, the "Member Providers") to provide a Rockport SelectHealth Network through Rockport's full-range of healthcare services. These services are Client. Unless in an emergency or after business available for use by "Qualified Participants" as hours, initial services provided for the work-related defined in 1. 2 of this Agreement;and injury/illness require authorization by the network either in writing or by telephone. WHEREAS, Member Provider desires to provide medical care services to "Qualified Participants" I.3 "Client" means an insurance company, certified who are covered by Payor Agreements at the rates in self-insured or governmental entity as those terms Exhibit B and in locations listed in Exhibit C: and are defined and used in the Texas Labor Code, the inclusive of the networks included in Exhibit D;and Network Act Section 1305 and the implementing rules. These Clients have entered into a Client WHEREAS, RHG has entered into Agreements Agreement with RHG for the provision of healthcare and/or services with one or more Payors who services to Qualified Participants. provide payment of claims for medical care rendered to Qualified Participants. 1.4 "Pammeans an insurance carrier or network certified by an insurance carrier for its own benefit, NOW, THEREFORE, in consideration of the certified self-insured or governmental entity as those premises,the mutual promises contained herein,and terms are defined and used in the Texas Labor Code, other good and valuable consideration, the receipt the Network Act Section 1305 and the implementing and sufficiency of which are hereby acknowledged, rules who is responsible for payment of medical it is mutually agreed as follows: benefits for on the job injuries and or illnesses according to State and/or Federal Rules and Regulations. Page 1 of 15 John Thomas,MD,PA 6-15-16 RUNPHY TX_050115 1.5 "Client Agreement" means the agreement specialty to maintain their RHG classification as between RHG and a Client, which agreement is such and be willing and able to treat Qualified made before, on or after the effective date of this Participants as needed or required.. Agreement and which expresses the agreed upon contractual rights and obligations of the parties. 1.9 `Ememency Medical or Mental Condition" is Such Client Agreements will require Payors to pay defined as the sudden onset of a medical condition Member Provider for Covered Services rendered to manifested by acute symptoms of sufficient severity, Qualified Participants pursuant to this Agreement. including severe pain,that the absence of immediate Furthermore,such Client Agreements shall authorize medical attention could reasonably be expected to RHG to enter this Agreement and contractually bind result in: Payors to the terms hereof unless there is a conflict (a)placing the patient's health or bodily functions in with State and/or Federal rules and regulations. serious jeopardy;or (b) serious dysftinction of any body organ or part as 1.6 "Member Provider" means any physician; defined in TIC 1305.004(13);and physician group; hospital; surgery center; diagnostic (c)in the case of a mental health condition, one that imaging center; laboratory; clinic; chiropractor; could reasonably present danger to the person dentist; podiatrist; psychologist; social worker; experiencing the mental health condition or another physical, occupational and speech therapist; etc. person as defined in TIC 1305.004(15). licensed or certified to practice a healthcare profession or licensed as a facility to offer healthcare 1.10 "Covered Services" are those healthcare and services,in the state where services are rendered and health-related services provided to Qualified who has executed a contract with RHG. Participants for treatment of a compensable, work- related injtny/illness as defined by either nationally 1.7 "Primary Treating Physician/Clinic" According recognized treatment guidelines and/or individual to Texas law for certified workers' compensation treatment protocols that do not conflict with any networks, the Network decides who will be a state and/or federal rules and regulations. Treating Doctor.Therefore,a Member Provider who j is a Medical Doctor (MD) or a Doctor of I.11 "Bill and/or Claim Form" CMS 1500 (or other Osteopathic Medicine (DO) that specializes in appropriate claim form or their successors) Family Practice, General Practice, Occupational completed in accordance with the guidelines Medicine or Internal Medicine as well as a physician established by the National Uniform Billing that provides initial and/or follow-up care in Occ- Committee or CMS 1500 billing guidelines, and/or Med or Urgent Care Clinics whose practice is state rules and regulations. largely dedicated to caring for wolf related injuries and illnesses is designated by RHG as a Primary II. MEMBER PROVIDER OBLIGATIONS Treating Physician/Clinic (PTP). PTP agrees to render medical care to Qualified Participants without 11.1 Services. Member Provider agrees to provide or a scheduled appointment and must be available and arrange for all medically necessary medical care for accessible to employees twenty-four (24) hours-per- Qualified Participants who present themselves to day, seven (7) days-per-week as per 28 TAC Member Provider. Member Provider agrees to 10.80(b)(1). Should a Qualified Participant need perform such services with the same standard of medical attention outside of Member Provider's care, skill and diligence for all Qualified normal business hours, Member Provider will be Participants. Member Provider agrees that it is their available and/or make arrangements to have another sole responsibility to verify that the individual Member Provider render care to Qualified presenting for care is a Qualified Participant. Participant twenty-four(24)hours-per-day,seven(7) Member Provider agrees to render healthcare days-per-week. services to Qualified Participants at any and all facility or practice locations listed in Exhibit "C". I.8 "Specialist Ph si�cian_" means a Member Provider Member Provider shall make best efforts to ensure who has met the credentialing requirements of RHG that services provided are consistent with nationally ! to be a Specialist Physician, and to whom Primary recognized treatment guidelines (1.e. Official ! Treating Physicians/Clinics may refer for necessary Disability Guidelines (ODG), American and authorized care other than primary treating Occupational and Environmental Medicine's services. Specialists will need to maintain their (ACOEM) and /or state rules and regulations. current board certifications for their particular Page 2 of 15 John Thomas,fAD,PA 6-15-16 RUNPHY_TX_050115 Member Provider agrees to comply with and be Qualified Participants only to other Member I bound by all State/Federal Rules and Regulations. Providers,as defined in 1.6. 1.6 Re-ports. For each encounter where Member II.2 Treatment Guidelines. Member Provider agrees Provider provides services to a Qualified Participant, to follow the treatment guidelines, return-to-work Member Provider shall report such encounter on an guidelines and individual treatment protocols appropriate form and shall include statistical, outlined in Exhibit A of this Agreement,provided in descriptive medical and patient data and identifying RHG's Provider Handbook and/or Clients' information, if and to the extent that reports are Utilization Review Programs.RHG agrees to furnish specified by RHG, Client or its designated Member Provider or cause Payor to furnish to representative, and requested information is not Member Provider, and Member Provider agrees to prohibited by state and/or federal rules and abide by, the list of any treatments and services that regulations. require preauthorization and by any procedures to obtain preauthorization. Unless in an emergency or II.7 Professional Requirements. after business hours, initial servicesprovided for the work-related injury/illness require authorization by II.7.1 Licensure&Accreditation. Member Provider the carrier and/or Network either in writing or by shall comply with all applicable federal, state and telephone. The Client and/or Payor may not deny local laws, riles and regulations governing like treatment solely on the basis that a treatment for a providers and their provision of services. Evidence compensable injury in question is not specifically of such current licensing, certification and/or addressed by the treatment guidelines used by the accreditation shall be submitted promptly to RHG Client and/or Payor. However, Member Provider upon request. Member Provider represents and must demonstrate medical necessity to support warrants that it and each of its employees and services rendered to Qualified Participants that are contracted service providers has obtained, and shall outside of treatment guidelines. maintain throughout the term of this Agreement, all necessary registrations, certifications, licenses, 11.3 Non-Discrimination.Member Provider shall not permits and approvals as are required for the lawful differentiate or discriminate in the treatment of its provision of Member Provider services to Qualified patients as to the quality of services delivered to Participants. Member Provider shall immediately Qualified Participants because of race, sex, age, notify RHG of any revocation, suspension or religion, national origin, place of residence, source restrictions, that would affect any certifications, of payment or health status. Member Provider shall licenses or accreditations. Member Provider observe,protect and promote the rights of Qualified warrants that it is currently accredited by the Agency Participants. that governs like providers and is certified as a provider under 'Title XVIII (Medicare) and when 11.4 Medical Staff Participation. Certain medical appropriate, Title XIX (Medicaid) of the Social specialties may not require hospital privileges such Security Act and that it shall maintain such as Occupational Medicine,Pathology, Dermatology, accreditation and certification during the term of this Allergy, and those Primary Treating Agreement. Member Provider shall immediately Physicians/Clinics whose practice is dedicated to notify RHG of any action, investigation or treating work-related injuries and illnesses. Where proceeding to revolve, suspend,restrict, or otherwise appropriate, Physicians must maintain active, affect such accreditation or certifications. unrestricted staff privileges with at least one RHG Member Provider hospital or Surgery Center. 111.7.2 Organization's Requirements. Member Physician hereby consents to disclosure by such Provider shall use best efforts to comply with RHG's facility to RHG of all data collected with respect to criteria for provider participation, including Physician in connection with Physician's medical credentialing policies and procedures. Member staff membership, including without limitation all Provider shall cooperate with RHG's periodic applications for staff privileges and any renewals evaluation of qualifications. In addition, Member thereof. Provider shall use best efforts to cooperate with RHG's and/or state rules and regulations for the II.5 Referrals. Except in a medical emergency or expeditious resolution of any grievance or when authorized by RHG, Client, or its designated complaint. representative, Member Provider agrees to refer Page 3 of 15 John Thomas,MD,PA 6-15-16 RUNPHY Tx_050115 I1.8 Notification to RHG. Member Provider I1.10 Inspection of Records and Operations. RHG, represents and warrants that infonnation provided Payor or a designated representative shall have the herein and in the RHG application is true and right to inspect and audit, at all reasonable times accurate in all respects and acknowledges that RHG during normal business hours, upon prior five (5) is relying on the accuracy of such information in business days, any of Member Providers medical entering into and continuing the term of this records and operations reasonably pertaining to agreement. In addition Member Provider shall use RHG Qualified Participants, services provided to best efforts to provide written notice to RHG of any Qualified Participants, and to Member Provider's (i)suspension,reduction or loss of license to provide performance under this Agreement. Member healthcare services; (ii) denial, suspension, Provider further agrees to allow RHG, Payor or a restriction, reduction or termination of designated representative thereof, including the accreditation/cettification; (iii) changes in Federal designated utilization review, quality management, Tax Identification Nurnber(s), (iv) other information case management or peer review staff, to have provided in its application or Exhibit C for reasonable access to medical records and participation, (v) Member Provider's professional information of Qualified Participants for services liability insurance if such insurance falls below the provided tinder the terms of this Agreement as requirements of state law and (vi) Member necessary to enable such party to perform Utilization Provider's billing or facility address. A failure to Review and Quality Assurance activities in i give any notice required by this Section shall be a accordance with the applicable Utilization Review material breach of Member Providers obligations and Quality Assurance Program. In addition, and responsibilities hereunder, regardless of the Physician agrees that in the event an examination status,pendency or outcome of the event giving rise concerning the quality of healthcare services is to the obligation to give that notice, and may be conducted by appropriate officials, as required by grounds for termination of this Agreement. federal, state, and/or local law,RHG shall submit,in a timely fashion, any required books and records and 11.9 Medical Records. Member Provider shall shall facilitate such examination. - RHG and maintain complete and timely medical records for Member Provider agree to assist one another with Qualified Participants treated by Member Provider on-site inspection of facilities and records by and its medical staff. Such records shall be prepared representatives of authorized federal, state and local in accordance with accepted principles of practice, regulatory agencies shall document all services performed for Qualified Participants and shall comply with all applicable IL 11 Relationship of Parties. Member Provider and state and federal laws. Member Provider shall RHG understands and agrees that they are each an maintain such records for the length of time required independent legal entity. Nothing in this agreement by applicable state or federal law. Subject to all shall be construed;or deemed to create a relationship applicable privacy and confidentiality requirements, of employer and employee, principal and agent, such medical records shall be made available to each partnership or joint venture or any relationship other Member Provider and other health professionals than that of independent parties contracting with treating the Qualified Participant, and upon request, each other solely to carry out the provisions of this to the Payor, RHG or its designated representative Agreement for the purposes recited in this for review at the rates approved by State law and as Agreement. With regard to the provision of set forth in the current State Workers' Compensation healthcare services, Member Provider acts as an Reimbursement Manual for Hospitals, if applicable. independent entity and the Member Provider-patient Member Provider shall obtain a valid consent for the relationship shall in no way be affected. release of the Qualified Participants medical records to other providers, RHG, Payor, or its designated 11.12 Standards of Care. Member Provider agrees representative. RHG agrees that medical records of that all duties performed hereunder shall be Qualified Participants shall be treated as confidential consistent with the proper practice of their so as to comply with all federal and state laws and healthcare profession, and that such duties shall be regulations regarding the confidentiality of patient performed in accordance with the customary rules of records. The Member Provider's obligations under etlucs and conduct of the appropriate and applicable this Section 11.9 shall survive the termination of this professional organizations and/or associations,as the Agreement. case may be, and such other bodies, formal or informal, state, government or otherwise, or by which they are subject to licensing/certification and Page 4 of 15 John Thomas,MD,PA 6-15-16 RUNPNLT) 050115 control. Additionally, Member Provider shall defined in 13 and 1.4 for their access to RHG quality perform all medical and healthcare services in Member Providers through specific referral conformance with the standards for their facilities as processes. RHO will market Member Providers for established by the local/regional professional referral; including but not limited to the following: healthcare community and applicable (i) Provider Search Provider Locator System (ii) accrediting/licensing agencies. Member Provider Provider Directories (iii) Site-Specific Provider agrees that,to the extent feasible,it shall utilize such Panels (iv) Customized Local Networks and (v) additional allied health and other qualified personnel Client Service Provider Referral Service. as are available and appropriate for effective and efficient delivery of care. Member Provider shall 111.2 Credentialing. RHO will perforin and/or ensure that all such personnel are properly licensed delegate to qualified organizations credentialing of and/or possess the necessary credentials to render each Member Provider. Credentialing may include the services that they perform. verification of all information and documents provided in the application for participation and ' 1I,13 Right to Use Member Provider's or Network's investigation, including but not limited to Name. Member Provider agrees to allow RHO to verification with all state and national licensing and list Member Provider's name, specialty, address, certifying bodies that apply to the services rendered telephone number, and hours of operation in a by the Member Provider, such as JCAHO,AAAHC, Member Provider directory, Provider Search, RHO NCQA, CLIA, URAC, etc. Inquiries may also be Site-Specific Provider Panel(s), RHO website and/ made to current and previous professional liability or other materials to help promote and assist Clients carriers, Medicare and Medicaid. RHG's ' with Qualified Participants needing medical care for credentialing policies and procedures follow the injuries/illnesses sustained. RHG agrees to allow American Accreditation Healthcare Commission Member Provider to list RHO's name, address, and (URAC) and/or NCAA standards for Workers' telephone number on Member Provider's website or Compensation provider networks. in other publications listing the health plans accepted by Member Provider. In addition, Member Provider 111.3 Operational Functions. RHO shall utilize agrees to post in waiting room and make available to systems to respond to Member Providers requests Qualified Participant notice of Member Provider's for information and will provide clarification of participation with RHO with name, address and policies concerning the operation of RHG's telephone number and process for Qualified programs. Member Provider agrees to work in Participants to resolve complaints. The Member cooperation with RHO to market the services of the Provider is required to post, in Member Provider's Member Provider to Clients and/or Payors. office, notice to employees on the process for resolving workers' compensation health care RHO shall act as a liaison with the Member network complaints. The notice must include the Providers and Clients and/or Payors to devote Texas Department of Insurance's toll-free phone necessary time and effort to perform RHG's number for filing a complaint and must list all responsibilities hereunder. workers' compensation health care networks with which the Member Provider contracts. IIl.4 Retaliatery Action. RHO agrees not to engage in any retaliatory action including termination of 11.14 Noncompliance.Member Provider understands contract or`.refbsal to renew a contract against that failure to comply with any of the requirements Member Provider, because Member Provider, on imposed pursuant to this Agreement may result in behalf of an Qualified Participant,reasonably filed a termination of this Agreement by RHO. complaint against, or appealed a decision of RHO or Payor, or requested reconsideration or independent 11.15 Antitrust Guidelines. Member Provider agrees review of an adverse determination. to comply with all antitrust guidelines and procedures promulgated by Federal and State III.5 Antitrust Guidelines. RHG agrees to comply entities. with all antitrust guidelines and procedure promulgated by Federal and State entities. III. RHG's OBLIGATIONS 111.6 Audit Policy and Procedure Compliance. All 1II.1 Marketing to Clients/Payors. RHO shall enter bill audit requests by Payor shall be done in into agreements with Clients and/or Payors as Page 5 of 15 John Thomas,MD,PA 6-15-16 R.UNPHY_TX 050115 accordance with the State Law and/or Federal Rules All services billed under the Tax Identification and Regulations. Number(s) indicated in this Agreement, any Amendments, Exhibit A, Exhibit B, Exhibit C, Applications or any updates regarding locations and/or a Member Provider as defined in section I.6 IV. REIMBURSEMENT,CLAIMS will be subject to the reimbursement rates SUBMISSION AND PAYMENT established in the Exhibit B of this Agreement. IV.1 Reimbursement. REG shall arrange and All billing and reimbursement will be made in provide the Member Provider, locations and/or any accordance with Labor Code 408.027 and all other additional Tax Identification Numbers as listed in applicable state rules and regulations. Exhibit C for Payors to pay Member Provider the reimbursement rates for Covered Services rendered N.3 Bill and/or Claim Forms. Claim forms are to Qualified Participants pursuant to Exhibit B. required for all services. All claims must be Member Provider agrees and acknowledges that submitted complete and accurate on CMS 1500 (or RHG is acting solely in an administrative capacity in other appropriate claim form or their successors)and providing a network of quality health services.RHG must include Member Provider's usual and is not the claims paying agent and will not be liable customary billed charges (not discounted rates) and for the payment of any amount owed by a Payor to appropriate codes, consistent with policies Member Provider in the event that Member Provider established or approved by applicable state and/or is unable to collect such amount of money up to and federal regulations. Member Provider must submit including the insolvency of the Payor. Under no claims to Payor not later than the 95u' day after the circumstance will a Member Provider attempt to date on which services are provided to the Qualified collect payment from a Qualified Participant for Participant, or as specified by state law. In medical services rendered for a compensable, work- accordance with Labor Code §408.027 and other related injury/illness. applicable statutes and rules, billing and payment to iMember Provider will be made within forty-five IV.2 Reimbursement Rates. Member Provider is to (45) days of receipt of bills which are accurate and be paid by the Payor in accordance with State Law complete, and otherwise in accordance with state and/or rules and regulations at the rates established rules and regulations. in Exhibit B. Member Provider hereby agrees that rates in Exhibit B,which may be amended from time IV A Limited Recourse Against Qualified to time upon mutual written agreement,represent the Participants. Except as otherwise provided in this total amount to be received and agrees to look solely Agreement (Section 1.10), Member Provider agrees to the Payor for payment for such Covered Services. to seek payment from each Payor for Covered Payment will be made for Covered Services actually Services provided to its Qualified Participants, and rendered. All claims will be paid, when appropriate, agrees that it will not seek additional payments or only after submission of a complete and accurate reimbursement for compensable injuries from claim. A complete and accurate claim shall be Qualified Participants. In addition, Member defined as a clean claim by Medicare.RHG does not Provider agrees that neither RHG,the Payor nor the guarantee, represent, warrant or covenant regarding Qualified Participant shall be billed or ultimately the selection or use of Member Provider's services held responsible for payment of services deemed not by any Qualified Participant or Payor,or the number to be covered by the Payor or its designee. When of patients, if any, which may result from Qualified Participant is covered by a state or participation in RHG's provider network. The federally regulated Occupational Injury and Illness obligation of a Payor to reimburse Member Provider program, Member Provider agrees to comply with in accordance with Exhibit B for the provision of state and federal regulations regarding holding Covered Services to a Qualified Participant shall be Qualified Participants harmless for amounts not paid conditioned upon a good faith determination by the by Payor for any reason,including Payor or network Payor or its designated representative that (i) such insolvency. This provision does not preclude billing services are medically necessary, whether such a Non-Qualified Participant for a non-compensable I determinations are made before, on or after the injury, provision of services to such Qualified Participant. N.4.1 Transfer of Risk. This Agreement and any subcontract within shall not be interpreted to involve Page 6 of 15 John Thomas,MD,PA 6-15-16 RUNPHY—TX 050115 a transfer of financial risk for the provision of health out of any alleged malfeasance or neglect caused or care services from Payor to RHG as defined under alleged to have be caused by its employees or Insurance Code §1305.004(a)(26). Member Provider representatives, in the performance or omission of agrees and acknowledges that RHG is acting solely any act or responsibility under this Agreement. In in an administrative capacity in providing a network the event that a claim is made against RHG,it is the of quality health providers. RHG is not the claims intent of RHG to cooperate in the defense of said paying agent and will not be liable for the payment claim. However, RHG shall have the right to take of any amount owed by a Payor to Member Provider any and all actions they believe necessary to protect in the event that Member Provider is unable to their interest. collect such amount of money up to and including the insolvency of Payor or the Network. V3 Indemnification of Member Provider. Member Provider will be responsible for its own acts or N.5 P_avment of Claim Forms. RHG shall omissions and any and all claims,liabilities,injuries, administratively arrange for the Payor or its suits and demands and expenses of all kinds which designated representative to pay undisputed claims may result or arise out of any alleged malfeasance or which are accurate, complete and comply with the neglect caused or alleged to have be caused by its Agreement within the time period mandated by state employees or representatives, in the performance or or federal law. omission of any act or responsibility under this Agreement. In the event that a claim is made against IV.6 Erroneous Part. In the event that a Payor Member Provider, it is the intent of Member and/or its designated representative pays the Provider to cooperate in the defense of said claim. Member Provider (i) more than once, or (ii) an However, Member Provider shall have the right to incorrect amount, or(iii) an overpayment,the Payor take any and all actions they believe necessary to or its designated representative may, at its sole protect their interest. option and discretion, request the return of such amount from Member Provider The Member VI. TERM AND TERMINATION Provider will not unreasonably withhold reirnbursement. If overpayment has been made VI.1 Tern. The term of this Agreement shall be for Member Provider shall reimburse such overpayment one (1) year from the date hereof and shall be within forty-five (45) days and/or follow State and automatically renewed on an annual basis for Local Rules and Regulations. The Member Provider successive twelve (12)month periods, unless sooner may not contest payment of Claims after one terminated in accordance with Section VI.2. hundred eighty(180)days from the date of payment. All claims for overpayment or underpayment shall VI.2 Termination. This Agreement may be be resolved in accordance with State Law and /or terminated sooner on the first to occur of the i Federal Rules and Regulations. following: V. INSURANCE AND INDEMNIFICATION VI.2.1 Termination by Member Provider, Member Provider may terminate this Agreement in the event i V.I Insurance Requirement. Member Provider shall of a material default or breach of RHG's obligations provide and maintain such policies of professional hereunder,upon ninety(90)days prior written notice liability insurance or a self-funded program. The and the failure of RHG to cure such breach or j amounts and extent of such insurance coverage or default within sixty (60) days of the notice. In self fimded program shall be in the amounts addition, in the event of an "emergency situation", determined by community standards for relevant Member Provider may terminate the Agreement hospital/facilities. Member Provider shall promptly immediately with the aclmowledgment by RHG that demonstrate evidence of insurability or self-funded such an emergency condition does exist. i program and that the required insurance is paid and "Emergency Situation" shall mean an unforeseeable in force upon request of RHG and/or meet the event, not resulting from Member Provider's act or credentialing guidelines of REG. omission, which materially affects Member Provider's ability to continue the practice of V.2 Indemnification of RHG. RHG will be medicine or to perform his obligations hereunder. responsible for its own acts or omissions and any The network will provide notification to employees and all claims, liabilities,injuries,suits and demands of the terminating Member Provider immediately and expenses of all kinds which may result or arise upon receipt of the Member Provider's termination Page 7 of 15 John Thomas,Mb,PA 6-15-16 RTJNPHY_TX_050115 i request or as soon as reasonably possible before the VI.2.4 Termination by Either Party. In case of effective date of termination as required by 28 TAC material breach of the terms of this Agreement, 10.42(b)(6)(G). either party may terminate the Agreement with at least ninety (90) days prior written notice to the i VI.2.2 Termination by RHG. A Member Provider other party; however, the party in breach may cure shall automatically be terminated on the date when: the breach within sixty (60) days of the notice, in (i) Member Provider's license in the State where which case,the Agreement and applicable rates and services are rendered is suspended or revoked, (ii) terms shall continue in effect. Either party may Member Provider is excluded from participation in terminate this Agreement without cause upon ninety the Medicaid or Medicare programs, (iii) Member (90)days prior written notice. Provider loses their JCAHO, NCQA, AAAHC, i URAC, CLIA or other applicable license, VI.2.5 Unforeseen Events. In the event that either certification and/or accreditation, (iv) Member party's ability to perform their obligations under this Provider loses or experience a material reduction in Agreement is substantially interrupted by war, fire, liability insurance and such insurance falls below the insurrection, riots, the elements, earthquake, acts of requirements of State Law (v) Member Provider God, or other similar circumstances beyond the engages in any act, omission, demeanor or conduct reasonable control of such party, the party shall be that is reasonably likely to be detrimental to patient relieved of those obligations for the duration of the safety or to the delivery of quality patient care,or to interruption upon notice to the other party. In the lead to the provision of healthcare services below event that the interruption is reasonably determined applicable standards, or (vi) ninety (90) days likely to persist for at least ninety (90) days, either following written notice by RHG of a material party may terminate this Agreement upon thirty(30) default or breach by Member Provider hereunder days prior written notice. and the failure of Member Provider to clue such default or breach within sixty(60)days of the notice V1.3 Effects of Termination. Upon termination of (vii) Member Provider fails to meet RHG's or the this Agreement, neither party shall have any further State's credentialing requirements. RHG, however, obligation hereunder except for (i) obligations may not terminate this Agreement in direct response accruing prior to the date of termination, including to Physician filing a reasonable complaint, on behalf without limitation, any obligation by Member of a Qualified Participant against, or appealed a Provider to continue to provide healthcare services decision of, the network, or requested to Qualified Participants, and (ii) obligations, reconsideration or independent review of an adverse promises or covenants contained herein which are decision. expressly made to extend beyond the term of this Agreement. In the event RHG deems it necessary to terminate Member Provider's agreement based on the above VIA Qualified Participant and Payor Notification.If requirements RHG will notify Member Provider at applicable, upon the termination of this Agreement, least ninety (90) days before the effective date of by either party, Member Provider shall cooperate termination. with RHG to notify Qualified Participants and Payors of such termination. Upon written notification from RHG, Member Provider may reques' a review by RHG's advisory W.CONTINUATION OF BENEFITS review panel, not later than thirty (30) days after notification. MG must then complete the review VII.1 Continuation of Benefits. If Member Provider before the effective date oftermination. voluntarily terminates its contract with RHG, upon Member Provider's request, Payor must continue to V1.2.3 Termination for Insolvency. This Agreement reimburse Member Provider for a period not to shall terminate immediately in the event that either exceed 90 days at the Member Provider's contracted RHG or Member Provider voluntarily or rate set forth in Exhibit B of this Agreement with involuntarily, liquidates, dissolves or becomes RHG,for care of an Qualified Participant with a life- subject to any proceeding for the rehabilitation or threatening condition or an acute condition for conservation of their financial affairs with written which discontinuing or disruption of care would notification. harm the Qualified Participant as per 28 TAC 10.42(b) (5)(A).Any disputes concerning continuity of care shall be resolved through the complaint Page 8 of 15 John Thomas,MD,PA 6-15-16 RLTNPHY_TX 050115 process under Insurance Code §1305.401 - IX.1 Disputes. All disputes and difference between §1305.405 and Subchapter G of Title 28, fart 1 the Member Provider and RHG upon which an (relating to Complaints). amicable understanding cannot be reached are to be decided by the following method: VII.2 Survival. The provisions of this Article VII IX.1.1 Mediation through RHG. The Member shall survive the termination of this Agreement Provider shall notify RHG in writing of the dispute regardless of the cause - giving rise to such or disagreement and shall provide all necessary termination, as will sections 11.9, V.2, V.3, VI.3, information to RHG. RHG shall use best efforts to VIII, and IX. The provisions of this Article VII mediate the dispute within the rules and regulations supersede any oral or written agreement to the put forth by the State as reference in RHG's contrary now existing or hereafter entered into Provider Handbook. between Member Provider and any Qualified Participant or any person acting on a Qualified IX.1.2 Arbitration. If the dispute cannot be solved Participant's behalf. by the mediation process described above, either the Member Provider, RHG or Payor may elect to VIII. CONFIDENTIALITY submit the dispute to binding arbitration under the rules of the American Arbitration Association or any All business, medical and other records relating to other method of arbitration mutually agreed upon by the operation of RHG or Member Provider, the parties. Arbitration will be conducted in including but not limited to, books of account, Houston, Texas. Each party will be responsible for general administrative records, policies and their own legal fees. The cost of the arbitration procedures, pricing information, terms of this services will be the sole responsibility of the party Agreement and all information generated and/or requesting the arbitration. contained in management information systems owned by or pertaining to RHG or Member IX.1.3 Provider Appeals.Except for termination due Provider, and all systems, manuals, computer to contract expiration, Member Provider has the software and other materials, but excluding patient right to appeal his/her termination from the Network, charts, shall be and remain the sole property of RHG as follows: or Member Provider respectively (collectively, the "Confidential Information"). RHG and Member IX.1.3.1 RHG will provide notice to the Member Provider acknowledges that the Confidential Provider at least 90 days before the effective date of Information and all other information regarding a termination by RHG; RHG or Member Provider that is competitively sensitive is the property of RHG or Member IX.1.3.2 Upon receipt of the written notification of Provider and RHG or Member Provider may be termination, a Member Provider may request in damaged if such information was revealed to a third writing a review by the Network's advisory review party. Accordingly, RHG and Member Provider panel no later than 30 days after receipt of the agrees to keep strictly confidential and to hold in notification; trust all Confidential Information. Upon termination of this Agreement by either party for any reason IX.1.3.3 The Network will provide .an advisory whatsoever, RHG and Member Provider shall review panel that consists of at least three Providers promptly return to the other all material constituting of the same licensure and the same or similar t Confidential Information or containing Confidential specialty as the Member Provider; ! Information, and neither party will not thereafter use, appropriate, or reproduce such information or IX.1.3.4 The Network must complete the advisory disclose such information to any third party. RHG panel review before the effective date of the and Member Provider specifically agree that under termination; no circumstances will either party discuss the terms and conditions of this Agreement, and in particular IX.1.3.5 The Client, Payor, or RHG may not notify the pricing information herein. patients of the termination until the earlier of the effective date of the termination or the date the IX. MISCELLANEOUS advisory review panel makes a formal recommendation; Page 9 of 15 John Thomas,MD,PA 6-15-16 RUNPHY TX_050115 IX.1.3.6 If Member Provider terminates the contract, the Network or RHG's Client will provide IX.7 Amendments. This Agreement may be notification of the termination to employees amended as agreed to by both parties in writing upon receiving care from the terminating provider. The thirty (30) days written notice of such proposed Network shall give such notice immediately upon amendment. receipt of the Member Provider's termination request or as soon as reasonably possible before the IX.$ Severability. The invalidity or un- effective date of termination. enforceability of any term or condition hereof shall in no way affect the validity or enforceability of any IX.2 Non-Exclusivity. Nothing in tlus Agreement other term or provision. shall be construed to restrict Member Provider or RHG from entering into other contracts or IX.9 Assignment. Member Provider may not assign agreements to provide healthcare services to Payors or otherwise transfer any right or delegate any duty or other healthcare delivery plans, patients, and of performance hereunder, in whole or in part employer groups. without the prior written consent of RHG. A change in ownership will not negate the prior contractual IX.3 Entire Agreement, This Agreement contains agreement without written notification to RHO. the- entire understanding of the parties and RHG retains the right to assign this Agreement, in supersedes any prior understandings and agreements, whole or in part,to any entity with which RHG or its written or oral, respecting the subjects discussed parent company or any of its subsidiaries is herein. affiliated,or with which it merges or consolidates. IX.4 No Waiver. The waiver by either party of a IX.10 Third Partv Beneficiaries. Except for Payors breach or violation of any provision of this and the agents thereof, there are no third party Agreement shall not operate as or be construed to be beneficiaries of this Agreement. a waiver of any subsequent breach hereof. IX.11 Captions. The captions and headings IX.5 Regulatory Compliance. Member Provider, contained in this Agreement are for reference sub-contracting providers, and RHG agree that each purposes only and shall not affect in anyway the shall comply with all applicable requirements of meaning or interpretation of this Agreement. municipal, county, state and federal authorities, all municipal and county ordinances and regulations, IX.12 Execution of Counterparts. This Agreement and all applicable state and federal statutes and may be executed in any number of counterparts, regulations, now or hereafter in force and effect, including facsimiles, each of which shall be deemed governing RHG, Member Provider, sub-contracting to be an original as against any part whose signature providers, the provision of services by Member appears thereon, and all of which shall together Provider or sub-contracting providers, and/or constitute one and the same instrument. Payors, including but not limited to applicable requirements under any state or federal fair IX.13 Partial Invalidity. . If any part, clause or employment practices, equal employment provision of this Agreement is held to be void by a opportunity, or similar laws declaring discrimination court of competent jurisdiction, the remaining in employment based upon race, color, creed, provisions of this,Agreement shall not be affected religion,sex,or national origin as illegal, and,Titles and shall be given construction, if possible, as to VI and VII of the Civil Rights Act of 1964, Section permit it to comply with the minimum requirements 202 of Executive Order 11246 as amended by of any applicable law, and the intent of parties Executive Order 11375, Sections 503 and 504 or the hereto. Rehabilitation Act of 1973 and Title IV of the Vietnam Era Veterans Readjustment Assistance Act of 1974, and Sections 1 and 3 of Executive Order 11625, or any applicable rule or regulation promulgated pursuant to any such laws or orders. IX.6 Governing Law. This Agreement shall be governed by and construed in accordance with applicable state law. Page 10 of 15 John Thomas,MD,PA 6-15-16 RUNPHY_Tx_050115 i 1X,14 Financial Tncent€yes.Neither a Client,Payor, TY.17 Official Notices. Any notice or nor RTIG may use financial Incentive or snake a communication required, permitted or desired to be I payment to a health care provider that acts directly given hereunder shall be deemed effectively given or indirectly as an inducement to limit medically when personally delivered or mailed,return receipt necessary services. The adoption of treatment and requested, or overnight e.tpress mail addressed as return-to-work guidelines and individual treatment folfowsr protocols by RHC7 or Network is not in violation of this section as pursuant to insurance Code §1305, 304 and§10.83(a)of Chp 10 of Title 28 Part 1, LX<15 Financial Disclosure Re uirements. Member Provider Is required to file financial disclosures in accordance with )labor Code §§108.023 and Member Provider orkepresentativeMesignee: §§413,041. (Please Print) IX•16 Economic Profilin m YONIork must provide Name:John Thomas MD written notice to Member Provider before the i Network conducts economic profiling, including Organlzation•John Thomas,MD,PA utilization management studies or other profiling of the provider or group of providers. Address: 215 Old Tai wa 118 I City/state/Zip:Burleson TX 76028 Telephone:817••92b 2663 Fax: .817 293-8860 Organization: Rockport Community Nehvork,Inc. dba Rockport Healthcare Group Attn: NotworkDevelopment 5013rlar HollowUne,Sulta 515W Houston,TX 77027 Telephone:(713)621-9424 Fw:(713)621-9511 IN WITNESS jVBEpBoF,the undersigned will be deemed to have axeouted this Agreement as of the or to such other address,and to the attention,of such date the provider is fully credentialed by R14G. other person(s) or officer(s) as either party may designate bywritteanotice, For and on behalf of; For and on behalf of; Rocirport Community Nefivo><'lr,Inc. dba Rocikport Healthcare Greup Member Provider or Representa fiveMesignee 5bTiiarHollow Sane,Suite 515W Hoilstan,T 7�j1�027 SI-nature, Dame:John Thomas,IY�D_ Do la ,kAr'1110 . Fe Ides 1 p TIN:20-5866221 , Da e: Dago i 1 of 15 Jahn Thomas,JvO,PA 6-13-16 RI7NPHY TY 050115 I I EXHIBIT A STANDARDS AND GUIDELINES UTILIZATION REVIEW AND QUALITY IMPROVEMENT PROGRAMS RHG and its CIients require Member Providers to follow nationally recognized treatment guidelines (i.e. Official Disability Guidelines(ODG) and/or American Occupational and Environmental Medicine's (ACOEM) guidelines) in the treatment of work-related injuries/illnesses for Qualified Participants. RHG's Clients provide utilization review and quality improvement programs for Qualified Participants. RHG shall review each Clients Utilization Review and Quality Improvement Program in accordance with RHG's Credentialing Standards and Guidelines as described in this Exhibit. Physician and/or Member Provider agrees to comply and be bound by such programs and any state or federal rules and regulations. 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: I i1) Ensure and certify for the payment of benefits that healthcare services meet the definition of medical necessity as defined by the network,Payor or the Payors designee; 2) Ensure that healthcare services are provided at the appropriate level of care;and 3) Ensure that healthcare services follow nationally recognized treatment guidelines that are evidenced-based and I outcome-focused. Treatments and Services that Require Preauthorization;unless otherwise specified by the network: 1 In-patient hospital admissions including the principal scheduled procedures(s)and the length of stay; 2) Outpatient surgical or ambulatory surgical services; 3) Spinal surgery,as provided by Texas Labor Code§408.026; 4) All psychological testing and psychotherapy,repeat interviews, and biofeedback; except when any service is part of a preauthorized or exempt rehabilitation program; 5) All external and implantable bone growth stimulators; 6) All chemonucleolysis; 7) All myelograms,discograms,or surface electromyograms; I 8) Unless otherwise specified,repeat individual diagnostic study,with a fee established in the current Medical Fee Guideline of greater than$350 or documentation of procedure(DOP); 9) Work hardening and work conditioning services provided in a facility that has not been approved for exemption by the Division; 10) Rehabilitation programs to include (a) outpatient medical rehabilitation and (b) chronic pain management / interdisciplinary pain rehabilitation, 11) All durable medical equipment (DME) in excess of$500 per item (either purchase or expected cumulative rental)and all transcutaneous electrical nerve stimulator(TENS)units; 12) Nursing home,convalescent,residential,and all home health care services and treatments; 13) Chemical dependency or weight loss programs; I,4) Any investigational or experimental service or device for which there'is early,developing scientific or clinical evidence demonstrating the potential efficacy of the treatment, service, or device but that is not yet broadly accepted as the prevailing standard of care;and 15) Physical and occupational therapy services;(a)physical and occupational therapy services are those listed in the Healthcare Common Procedure Coding System (HCPCS) Level I code range for Physical Medicine and Rehabilitation, but limited to: (i) modalities, both supervised and constant attendance; (ii) therapeutic procedures, excluding work hardening and work conditioning, and(iii)other procedures,limited to the unlisted physical medicine and rehabilitation procedure code. 16) Closed Formulary Drugs,as defined by 28 TAC Chapter 134,Subchapter F. NOTE: Preauthorization is not required for the first two visits of physical or occupational therapy following the evaluation when such treatment is rendered within the first two weeks immediately following:(i)the date of injury, or(ii)a surgical intervention previously approved by the payor. Page 12 of 15 John Thomas,NW,PA 6-15-16 RLFNPHYTX 050115 i -F4XMzT)3 Reimbursement Schedule X,Rockport United Netsvorl�Alockpor't Seleetl ealtli Notworit-Occupational xxrjuzy and 111Aess Provider:Fees for the programs listed above shall be reimbursed at the£olloi*g: All ,fees will be reimbursed at 85% (Eighty-five percent) of the state's current Workers' Compensation fees,rules and regulations or usual and customary allowables. Coveragw Coverage for all procedures on the lee schedule is subject to the terms and conditions of this Agreement,state rules and regulations anftrthe applicable Occupational lajuty or illness Benefit Plan. I/We accept the fees as outlined in this M-6ibit 3, For and on behalf of For and on behalf of; (Name,address,etc,) ROCMORT COTYff WMTY NETNVORK,INC, John Thomas,MD,]PA dbn Ro chpow t Ifealth care 215 OldHiahwav 1187 0,1 Aar Hollow Lane,Suite 515W Burleson,.'fX 76028 ousto Tgxas zMa Signature �lw- XDougla J, xicliam Printed Name Soltn Thomas, tl�-,M president _ Title ORTHOPAEDIC SURGEON AND SPORTS MEDICINE Date -71 T7N20-5866221 Date 6--- t=j�' Faac 13 of 15 Jnhn?homav,3vtD,PA tris-IS JZiTNPfiY TX,_0501r5 c BXIUBIT C Physicians and/or locations where services are to be rendered by Member Provider Tile iYTember Proyider agrees that the follosving physicians and/or praetleelocatloits listed on attaehedExUlbit C, shall be inclusive of the signed agreement and the signed rates In E,.0JU B, My signing below Member provider or its Ropresentative/Designee Allows 12ockport Realtkeave Group(MG)And its ropresentatlyes to ase any and all of the helosvinformaltoci as agreed to In this signed a;reemeut, Jo>~nz Thomas,MD,FA JOHN A.1 NOMAS,Ma,PA Practice Nacre(1) Plactice JOHN A ame(A2) Mb John Thomas,119a Pliysioian Name(if applicable) PhyyAl lan oNB If a pflicable) 215 Old Hi lg i�vay 1187 Physical Address Physical Address Burleson,TK76028 FORT WORTH,TEAS 76104 Ci ,state Zip City,.State Zip 216 OLD HIGHWAY 1187,BURLESON,TX 76028 Malling Address(if different) Mailing Address(if different) 817-9262663/817493-8860. 617-926-2663 / 817.283-8&60 Phone Number/Fax Number Phone Number/Fax Number 20-5866221 20.5666221 Tax ID'Number Tax ID Number Practice Name(3) Practice Name(4) Physician Name(if applicable) Physician Name(if applicable) Physical Address Physical Address City,State Zip City,State Zip Mailing Address(if different) Mailing Address(if different) Phone Number/Sax Number Phone Number/)Fax Number Tax ID Number Tax M Number For and on behalf of', - For anti on behalf of: xRocltport Community Network,Inc, Member Provlder or l:Zepreseloitailve/Designee dba Rockport Healthcare Group sQ;Briar Hollow Lane,Suite 518W .I3o stop V 77027 ,Signature: ,14n '"" Name.JoiM Thomas,TYM y Douglas , ailrhant (print) Preside .� Date; ! h ! �4 Date: Pogo 14 of 15 70haThowaS,tvlt;PAY�1s-I6 RUNPM -: 050215 1 _ EXHIBIT D Workers' Compensation Networks(WCN) Rockport may make this provider agreement available to other networks through delegation. As defined within the Physician agreement,Member Providers agree to provide treatment for injured employees who obtain workers' compensation Health care service through these networks. The named networks are listed below: • Rockport SelectHeaith Network • Wellcomp Managed Care Services,Inc.,Plan Name: CompKey Plus • Broadspire HCN Page 15 of i5 Revised 050115 RUNPPIY TX-050115