Boise City Attorney's Office

Transcription

1 BOISE CITY OF TRIES Boise City Attorney's Office Cary B. Colaianni BoiseCityAttorney TO: Mayor David H. Bieter Membersofthe City Council Boise City Hall 150N. Capitol Boulevard Mailing Address P. O. Box 500 Boise,Idaho Phone 208/ Fax 208/ TDD/TTY 800/ FROM: RE: J. Patrick Riceci Legal Department R Memorandum ofunderstanding CityofBoise/St. Luke's Regional Medical Center,Ltd. DATE: March 29,2012 ACTION REQUIRED: Approval ofr and attached Memorandum of Understanding Web wvav.cityofboise.org Mayor David H. Bieter City Council President Maryanne Jordan Council Pro Tern David EbeHe Elaine Clegg Lauren McLean TJ Thomson Ben Quintana RECOMMENDATION: That the CityCouncil approveand the Mayor sign R and the MemorandumofUnderstanding. FISCAL IMPACT/BUDGET IMPLICATIONS: None known. BACKGROUND: The 340B Drug Pricing Program resulted from enactment ofpublic Law , the Veterans Health Care Act of 1992, which is codified as Section 340B ofthe Public Health Service Act. The 340B Drug Pricing Program is managed by the Health Resources and Services Administration (HRSA) Office ofpharmacy Affairs (OPA). St. Luke's Regional Medical Center is eligible to participate in the 340B Program and to receive discounts ranging from 20% to 50% on certain outpatient drugs by virtue ofits classification as a "disproportionate share hospital." These pricediscounts assistst. Luke's incontinuing itscommitmentto providing services to uninsured and underinsured populations anddecrease thecostsst. Luke's absorbs in serving these populations as the result ofdecreased or no reimbursement. The MOU recognizes St. Luke's commitment to continue these services at theirhistoric level and provides St. Luke's withthe certification it requires to be eligible for and participatein the 340B Drug PricingProgram. ATTACHMENTS: R and Memorandum ofunderstanding. AnEquol OpportunityEmployer

2 RESOLUTION NO. BY THE COUNCIL: CLEGG, EBERLE, JORDAN, MCLEAN, QUINTANA AND THOMSON A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF BOISE CITY AND ST. LUKE S REGIONAL MEDICAL CENTER, LTD; ACKNOWLEDGING ST. LUKE S COMMITMENT AS A CRITICAL ACCESS HOSPITAL TO PROVIDE CRITICAL ACCESS CARE SERVICES TO THE MEDICARE, MEDICAID AND OTHER UNINSURED OR UNDERINSURED POPULATIONS; RECOGNIZING AND SUPPORTING ST. LUKE S DESIRE TO PARTICIPATE IN THE SO-CALLED 340B DRUG PRICING PROGRAM PURSUANT TO SECTION 340B OF THE PUBLIC HEALTH SERVICE ACT; RECOGNIZING AND ACKNOWLEDING ST. LUKE S CONTINUING COMMITMENT TO PROVIDE CRITICAL ACCESS CARE SERVICES TO ELIGIBLE POPULATIONS IN AND AROUND BOISE, WHICH PARTICIPATION IN THE 340B DRUG PRICING PROGRAM ASSISTS ST. LUKE S TO CONTINUE THOSE SERVICES; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Memorandum of Understanding by and between the City of Boise City and the St. Luke s Regional Medical Center, Ltd, in the form attached hereto as Exhibit A and incorporated herein by reference, be, and the same is hereby, approved both as to form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Memorandum of Understanding for and on behalf of the City of Boise City. Section 3. That this resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise, Idaho, this day of April, APPROVED by the Mayor of the City of Boise, Idaho this day of April, APPROVED: ATTEST: David H. Bieter Mayor Debbie Broughton Ex-Officio City Clerk R

3 MEMORANDUM OF UNDERSTANDING By and between CITY OF BOISE CITY And ST. LUKE S REGIONAL MEDICAL CENTER, LTD. (340B DRUG PRICING PROGRAM) THIS MEMORANDUM OF UNDERSTANDING ( MOU) is made this day of April, 2012, by and between the CITY OF BOISE CITY, an Idaho municipal corporation ( City ), located at 150 South Capitol Boulevard, Boise, Idaho 83702, and ST. LUKE S REGIONAL MEDICAL CENTER, LTD. ( HOSPITAL ), a non profit corporation organized and existing under the laws of the State of Idaho, located at 190 East Bannock Street, Boise, Idaho RECITALS: WHEREAS, Hospital is an Idaho not-for-profit hospital and is a critical access hospital as defined in Section 1820(c)(2) of the Social Security Act; and, WHEREAS, Hospital provides critical access care services to the Medicare and Medicaid populations in addition to supporting many programs that benefit the indigent, uninsured or underinsured population in and around Boise; and, WHEREAS, Hospital desires to participate in the so-called 340B Drug Pricing Program pursuant to section 340B of the Public Health Service Act, which participation allows Hospital to purchase certain covered outpatient drugs at significant discounts ranging from 20% to 50%; and, WHEREAS, Hospital desires to make a formal commitment to City, by participation in the 340B Drug Pricing Program to continue to provide those critical access care services to the Medicare and Medicaid populations in and around City of Boise; and, (340B DRUG PRICING PROGRAM) - 1

4 WHEREAS, City acknowledges such commitment on behalf of the citizens of Boise; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed by and between the parties to this MOU, as follows: 1. COMMITMENT OF HOSPITAL TO PROVIDE INDIGENT CARE: During the term of this MOU, Hospital hereby represents that (a) the health care services provided by Hospital hereunder are in the public interest and are being provided to individuals who are not entitled to benefits under Title XVIII of the Social Security Act or eligible for assistance under any State plan pursuant to Title XIX of the Social Security Act; and, (b) the Hospital is providing these services at no reimbursement or for considerably less than full reimbursement from the patients. Hospital agrees to continue its historical commitment to the provision of health care to indigent, uninsured and underinsured residents by adhering to the Hospital s charity policy. Pursuant to its commitment to continue to provide indigent care, it is Hospital s intention that indigent care provided during the term of this MOU will be no less than its historical commitment. In any event, Hospital will ensure that all patients presenting to its Emergency Department continue to receive necessary care, as required by law, regardless of ability to pay. 2. ACCEPTANCE AND ACKNOWLEDGMENTS OF CITY: (a) City accepts and acknowledges the representations and commitment of Hospital set forth above; (b) City hereby accepts and acknowledges Hospital s representations that the health care services provided by Hospital hereunder are in the public interest and are being provided to individuals who are not entitled to benefits under Title XVIII of the Social Security Act or eligible for assistance under any State plan pursuant to Title XIX of the Social Security Act; and (c) City accepts and acknowledges Hospital s representation it is providing these services at no reimbursement or for considerably less than full reimbursement from the patients. (340B DRUG PRICING PROGRAM) - 2

5 3. REPRESENTATIONS OF HOSPITAL: Hospital represents that as of the date hereof: (a) Hospital constitutes a separately licensed facility that is owned and operated by St. Luke s Health System, a nonprofit corporation duly organized and validly existing in good standing under the laws of the State of Idaho, with the corporate power and authority to enter into the perform its obligations under this MOU; and (b) Hospital is a tax-exempt corporation under Section 501 (c)(3) of the Internal Revenue Code of the United States, as amended, and under applicable laws of the State of Idaho. 4. TERM AND TERMINATION: The term of this MOU shall commence on the date set forth above and shall continue until terminated by either party upon not less than sixty (60) days prior written notice to the other. 5. NOTICE: All notices required or permitted to be given under this MOU shall be deemed given when delivered by hand or sent by registered or certified mail, return receipt requested, addressed as follows: SENT TO CITY: City of Boise City Office of the Mayor Post Office Box 500 Boise, Idaho WITH COPY TO: City of Boise Legal Department Post Office Box 500 Boise, Idaho SENT TO HOSPITAL: WITH COPY TO: St. Luke s Regional Medical Center Attention: General Counsel 190 East Bannock Street Boise, Idaho St. Luke s Health System Dr. David Pate, President and CEO 190 East Bannock Street Boise, Idaho GOVERNING LAW: This MOU shall be governed and construed in accordance with the laws of the State of Idaho (excepting any conflict of laws/provisions which would serve to defeat application of Idaho substantive law). [end of text; signatures on following page] (340B DRUG PRICING PROGRAM) - 3

6 IN WITNESS WHEREOF, Hospital and City have executed this MOU on the day and year first above written. CITY OF BOISE CITY David H. Bieter Mayor ATTEST: Debbie Broughton Ex-Officio City Clerk ST. LUKE S REGIONAL MEDICAL CENTER By: Chris Roth, CEO (340B DRUG PRICING PROGRAM) - 4