VCUR 2008 EMR FUNDING EXTENSION PROGRAM OFFER TO PARTICIPATING PHYSICIAN TO: (the Physician )

Transcription

1 T Ave NW F amamail@albertadoctors.org Edmonton AB T5N 3Z1 TF VCUR 2008 EMR FUNDING EXTENSION PROGRAM OFFER TO PARTICIPATING PHYSICIAN TO: (the Physician ) WHEREAS: The Alberta Medical Association (AMA), Alberta Health and Alberta Health Services (AHS) previously established a program to promote the use of Electronic Medical Records (EMRs) by Alberta s Physicians called the Physician Office System Program (POSP); this program was sustained and continued by the Master Agreement Regarding the Tri-Lateral Relationship and Budget Management Process For Strategic Physician Agreements Made Effective April 1, 2003 ( the Tri-Lateral Agreement ); POSP was an outcomes-based program designed to promote, increase and optimize the use of Physician-based EMRs; The Tri-Lateral Agreement terminated on March 31, 2011 and the program will not be continued in the AMA Agreement Made Effective April 1, 2011 and ratified by the AMA membership as of May 30, 2013; The AMA and Alberta Health have agreed that Alberta Health will fulfill the funding commitments made under the POSP for those Physicians using VCUR 2008 EMRs as of January 31, 2014 under Program Guidelines established when the POSP was still operating; The AMA and Alberta Health have therefore established the VCUR 2008 EMR Funding Extension Program to be funded by Alberta Health, and administered by the AMA; The Physician provides Insured Services in one or more Clinics operated by a Clinic Organization; and The AMA wishes to offer the Physician the opportunity to participate in the VCUR 2008 EMR Funding Extension Program on the following terms and conditions ( Offer ):. The Program 1. The Physician (or his/her Clinic Organization) has chosen a VCUR 2008 EMR Solution from one of: Med Access, TELUS Health Solutions PS Suite (formerly MD Physician Services) or Wolf EMR ( the VCUR 2008 EMR Solutions ), and either has gone live, or will go live on or before January 31, A copy of the agreement will be provided to the AMA, if requested. 2. Additional rules, processes and conditions for the VCUR 2008 EMR Funding Extension Program are contained in guidelines made available by the AMA at 1

2 The VCUR 2008 EMR Funding Extension Program Guidelines ( the Guidelines ) are incorporated into this Agreement by this reference. Any changes or modifications to the Guidelines will take effect upon notice to the Physician through electronic mail at the address provided on the Direct Deposit Form or addresses subsequently modified by the Physician through a change of address notification. The Physician s continued acceptance of funding from the VCUR 2008 EMR Funding Extension Program following receipt of changes or modifications to the Guidelines will constitute the Physician s acceptance of such changes or modifications. 3. The VCUR 2008 EMR Funding Extension Program shall reimburse the Physician, or when directed by the Physician, the Clinic Organization for Eligible Costs as outlined in the Guidelines from April 1, 2014 until March 31, 2019 or sooner, depending on whether the Physician has reached the respective cap amount; if the Program Funding is exhausted; if the funding agreement with Alberta Health is terminated; or as the parties may agree. The procedures for reimbursement are outlined in the Guidelines. 4. The Physician agrees to comply with the provisions of Health Information Act (HIA) and other applicable provincial and federal privacy legislation, and either has submitted, or agrees to submit, a Privacy Impact Assessment (PIA) to the Office of the Information and Privacy Commissioner appropriate to the Physician s clinical practice circumstance. 5. Where applicable, the Physician will enter into an Information Sharing Agreement with other Custodians (as that term is defined in the HIA). 6. The Physician will notify the AMA of any material change in the circumstances, and the particulars thereof, of the Physician s clinical practice, or any material change in the Physician s use of one of the EMR Solutions. 7. The Physician may change from one VCUR 2008 EMR Solution to another without interrupting the eligibility for VCUR 2008 EMR Funding Extension Program funding. Should the Physician move to a non-vcur 2008 EMR Solution, the Physician shall not be eligible for funding while using the non-vcur 2008 EMR Solution. If the Physician moves back to a VCUR 2008 EMR Solution, he/she will be eligible to receive funding for Eligible Costs up to his/her remaining funding cap. Sufficiency of Invoicing 8. The AMA shall be entitled to request and receive such additional information as is reasonably necessary to verify information contained on invoices submitted by the Physician. Failure to respond to the AMA s request for additional information may result in suspension or termination of continued funding. Term and Termination 9. The Physician s entitlement to receive funding under this program shall be subject to the following: (a) maintaining the Physician s licence to practise in accordance with the provisions 2

3 (b) (c) (d) (e) of the Medical Profession Act or successor legislation; continuing to practice medicine in at least one clinical situation that qualifies for funding under the VCUR 2008 EMR Funding Extension Program; Continuation of EMR Completion Program funding by Alberta Health, which provides for the VCUR 2008 EMR Funding Extension Program; The Physician s continued eligibility for funding as determined by the Guidelines; and The Physician s continued compliance with the terms of this Offer and Acceptance. Further, if the Physician receives any other funding for the implementation or use of an EMR Solution from any other source, public or private, the Physician shall immediately notify the AMA, who thereafter may deduct from the funding provided an amount less than or equal to the other funding received by the Physician. For greater clarity, the phrase funding for the implementation or use of an EMR Solution does not include revenue or other compensation received arising from the use or operation of an EMR Solution, which are not subject to this provision. Any rebate or other reduction received by a Physician from a Vendor is deemed to be a form of funding and is specifically subject to this provision. 10. The AMA may terminate or suspend funding if the Physician is in breach of this Offer and Acceptance; the Physician does not qualify for VCUR 2008 EMR Funding Extension Program funding as determined by the Guidelines; the Physician fails without reasonable excuse to comply with a request for additional information; or there is a significant change in the funding of the VCUR 2008 EMR Funding Extension Program. 11. The Physician may withdraw his/her Acceptance of this Offer on 30 days notice to the AMA. Representations, Warranties and Indemnities 12. The Physician warrants that he/she will use the funding received from the VCUR 2008 EMR Funding Extension Program solely for the purpose of offsetting expenses and costs incurred in the purchase, maintenance, and continued operation of a VCUR 2008 EMR Solution. 13. The Physician indemnifies and holds harmless the AMA and Alberta Health, and their agents and employees from any damages, costs or expenses arising from the Physician s performance of or breach of this agreement in contract or tort (including negligence), whether or not such damages, costs or expenses were foreseeable. General 14. Nothing in this Offer shall be interpreted to limit any right or remedy the Physician has against any VCUR 2008 Vendor providing an EMR Solution to the Physician. 15. This Offer, once accepted by the Physician, supersedes and replaces any POSP Physician Participation Agreement, or other agreement respecting the same subject matter, between the parties. 16. Once accepted, this Offer and Acceptance shall constitute a contract between the AMA and 3

4 the Physician and shall be binding upon the parties, their heirs, executors, administrators and assigns respectively. 17. The parties agree to execute such documents as may be required to give effect to this Offer and Acceptance. 18. The provisions of this Offer and Acceptance are severable and if any part of this Offer is found to be unenforceable at law or equity, the remainder of the Offer and Acceptance shall not be affected and remain valid and in effect. 19. Terms in this Offer have the meaning outlined in Schedule A to this agreement. 20. This Offer and Acceptance shall be interpreted in accordance with the laws of the Province of Alberta and the federal laws of Canada in force in Alberta. 4

5 Notices 21. Notices to be provided under this Offer and Acceptance may be provided by . The Physician shall maintain high-speed access to the Internet and an account and provide the name of the Physician s Internet Service Provider and address to the AMA. I, have reviewed the terms and conditions contained in this Offer, and by placing my signature below indicating my acceptance of this Offer, agree to be bound by all of the terms and conditions. ( Acceptance ). Physician Signature AMA # DATED THIS DAY OF, 20. 5

6 SCHEDULE A DEFINITIONS 1. Words defined in the Medical Profession Act, R.S.A. 2000, c. M-11, and the Health Information Act, R.S.A. 2000, c. H-5 have the same meaning in this agreement, unless they conflict with a defined term in this agreement, or the context requires otherwise. 2. The following terms have the following definitions: Alberta Health means Her Majesty the Queen in right of the Province of Alberta, as represented by the Minister of Health; AMA means the Alberta Medical Association; AMA Agreement means the Agreement between the AMA and Alberta Health made effective April 1, 2011, creating the principles, processes and agreements which will apply to and which will govern a long term financial and working relationship between Alberta Health and Alberta s Physicians, as represented by the AMA; "Clinic" means a building, facility or physical or virtual space where a Clinic Organization provides Health Services to Patients; Clinic Organization means a medical practice involving one or more Physicians or allied health professionals practising as a sole proprietorship, partnership, limited partnership, general partnership, corporation, professional corporation, joint venture or other legal entity and where the context requires, includes employees or contractors of the Clinic Organization; Eligible Costs means those costs which may be paid by the VCUR 2008 EMR Funding Extension Program in accordance with their procedures as more properly defined in the Guidelines; EMR means an Electronic Medical Record governed by the term of this agreement; EMR Completion Program means the program established to fulfill Alberta Health s funding commitment to eligible Physicians who are using VCUR 2008 EMRs as of January 31, 2014; operating under the name of the VCUR 2008 EMR Funding Extension Program. EMR Solution means an application software package marketed by a VCUR 2008 Vendor including Med Access, TELUS Health Solutions PS Suite (formerly MD Physician Services) or Wolf EMR that implements an EMR, also known as a Physician Office System; Go-Live means the date on which the use of the EMR Solution commences by the Eligible Physician or staff for production purposes in a clinical setting; Guidelines means the guidelines developed by the VCUR 2008 EMR Funding Extension Program from time to time to address the payment program, eligibility for funding, establishment of funding caps and other matters associated with the administration of the program; Health Information means recorded information about individuals. There are two types of health information: (1) diagnostic, treatment and care information, and (2) registration information (including billing information), as that term is defined in section 1(1)(k) of the Health Information Act. The collection, use and disclosure of both types are regulated by the Health Information Act; 6

7 "Health Information Act" or HIA means the Alberta Health Information Act, R.S.A. 2000, H- 5, as amended from time to time, and the regulations there under; Health Information Regulation means Alberta Regulation 70/2001 as amended from time to time; HIA means the Health Information Act, R.S.A. 2000, c. H-5, as amended from time to time; Information Manager means a person or body that (a) processes, stores, retrieves or disposes of health information (b) in accordance with the regulations, strips, encodes or otherwise transforms individually-identifying health information to create non-identifying health information, and (c) provides information management or information technology services. (HIA section 66(1)); Information Manager Agreement has the meaning ascribed to it in section 66 of the HIA; Information Sharing Agreement means an agreement between two or more custodians that regulates, generally or specifically, the sharing of health information pursuant to sections 27, 35 (1)(a) or 47 of the HIA; "Insured Services" has the meaning described in the Alberta Health Care Insurance Act, R.S.A. 2000, c. A-20 and amendments thereto; Internet Service Provider means any entity that provides a connection to the Internet to the public and includes Alberta SuperNet; POSP means the Physician Office System Program established under the Tri-Lateral Master Agreement and administered by the AMA; Physician means a medical doctor licensed to practise medicine in the Province of Alberta in accordance with the Health Professions Act, RSA 2000, c. H-7 or successor legislation, and amendments thereto; Physician Organization means a business unit which is subject to specific agreement with a Vendor and includes the Physician, medical office assistants, nurses and other employees of the Physician Organization; Privacy Impact Assessment or PIA means a document prepared in accordance with the requirement of section 64 of the HIA; Tri-Lateral Agreement means the Master Agreement regarding the Tri-Lateral Relationship and Budget Management Process for Strategic Physician Agreements made effective April 1, 2003, as amended from time to time; VCUR means Vendor Compliance and Usability Requirements; Vendor means one of Med Access Inc., TELUS Health Solutions (PS Suite) or TELUS Health Solutions (Wolf EMR). 7