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HomeMy WebLinkAboutVIII-11 Approve Medical Director Services Agreement City Council Memorandum To: Mayor Fasbender & City Council Members From: Michael T. Schutt, Fire & EMS Director Date: June 11, 2019 Item: Approve Medical Director Services Agreement Council Action Requested: Council is asked to approve an updated Medical Director Services Agreement with Dr. Larry Erickson. Background Information: Dr. Erickson has been serving as our Medical Director for the City for over forty years. Our current Agreement is through Allina Health and Dr. Erickson. Dr. Erickson is in the process of retiring from Allina Health, but would like to stay on as our Medical Director for the City, primarily for our ambulance service. Dr. Erickson has been a valued member of our organization, he is active in the metro area ambulance services director’s group and continually stays abreast of current technologies, trends and skills. Financial Impact: Under the Allina/Dr. Erickson agreement, the cities obligation is $1000.00 annually, with Allina Health paying the difference. The proposed contract is for an annual fee of $6000.00 payable to Dr. Erickson and the city providing professional liability insurance through the cities provider. This policy is $2679.04. I did a comparison of comparable public ambulance services in the area and found the annual cost of medical direction is between $10,000 and $20,000 annually. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments:  Copy of Agreement  Copy of insurance quote VIII-11 PRE-HOSPITAL MEDICAL DIRECTION SERVICES AGREEMENT BETWEEN DR. LAWRENCE ERICKSON AND THE CITY OF HASTINGS This medical direction pre-hospital services agreement (“Agreement”), is, by and between Dr. Lawrence Erickson, a Minnesota licensed physician, and the City of Hastings, a Minnesota municipal corporation. RECITALS WHEREAS, City operates an ambulance service which provides emergency medical services in Hastings’ primary service area. WHEREAS, Dr. Erickson is a physician and provides emergency medical training, medical direction, and other services to municipal and private rescue-EMS service providers, and WHEREAS, City maintains and operates an emergency medical service program and desires the assistance and training of Dr. Lawrence Erickson in the provision of such services; and WHEREAS, Dr. Lawrence Erickson desires to provide assistance and training to the City. NOW THEREFORE, in consideration of the mutual covenants contained herein and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties set forth above, intending to be legally bound, agree as follow: ARTICLE 1 Obligations of Parties 1.1 Medical Director. Dr. Lawrence Erickson shall serve as the pre-hospital Medical Director (“Medical Director”) for the City pursuant to the terms of this Agreement. The duties and obligations of the Medical Director are specified in Schedule 1.1, which is attached hereto and incorporated herein by this reference. The Medical Director shall at all times (a) be currently licensed as a physician in the State of Minnesota, (b) be a board certified emergency medicine physician, (c) have experience in, and knowledge of, emergency care of acutely ill or traumatized patients, and (d) be familiar with the design and operation of local, regional and state emergency medical service systems. 1.2 Duties of City. To assist Dr. Lawrence Erickson in the discharge of its duties hereunder City shall be responsible for performing the duties set forth in Schedule 1.3, which is attached hereto and incorporated herein by this reference. ARTICLE 2 Term and Termination 2.1 Term. This Agreement shall commence on the Effective Date and shall remain in effect through December 31, 2021 (“Term”). VIII-11 2.2 Termination. Subject to the continuing obligations of the parties as set forth in Articles 1, 4, 5 and 7: 2.2.1 Termination without Cause. Either party may terminate this Agreement at any time without cause by providing the other party written notice of termination at least sixty (60) days prior to the date of termination. Any termination of this Agreement pursuant to this Section shall be effective only at the end of the then current contract year. Further, no termination pursuant to this Section may be effective prior to the end of the first contract year of this Agreement. 2.2.2 Termination with Cause. Either party may terminate this Agreement with cause upon the default of the other party under any material term of this Agreement and the defaulting party’s failure to cure such default within thirty (30) days after receipt of written notice specifying the precise nature of the default. Upon the defaulting party’s failure to cure the default within the foregoing thirty-day cure period, this Agreement shall be deemed terminated without further action. 2.2.3 Change in Law. If any provision of this Agreement is in conflict with current state or federal laws, regulations or rules, or a subsequent change in state or federal law, regulations or rules, or judicial interpretation thereof, the parties mutually agree to amend this Agreement in writing to comply with the law, regulation, rule or interpretation, or, if the parties are unable to reach agreement through good faith negotiation within thirty (30) days of becoming aware of the conflict, either party may terminate this Agreement effective immediately upon notice in writing to the other party. 2.2.4 Mutual Agreement. The parties may terminate this Agreement by mutual agreement at any time. ARTICLE 3 Compensation 3.1 Compensation. In consideration of the services furnished by Dr. Lawrence Erickson under this Agreement, City shall pay Dr. Lawrence Erickson compensation of $6,000 annually. ARTICLE 4 Indemnification 4.1 City Indemnification. Subject to the limitations, exceptions, and maximum liability set forth in Minnesota Statutes Chapter 466, City shall indemnify, defend, and hold harmless Dr. Lawrence Erickson, his affiliates, officers, employees, agents, successors, and assigns from and against any and all liabilities, claims, damages, causes of actions, lawsuits, judgments, demands, and expenses, including court costs and reasonable attorneys’ fees, resulting from any act or omission of City, its agents, employees, contractors, and trainees arising out of this Agreement. 4.2 Dr. Lawrence Erickson Indemnification. Dr. Lawrence Erickson shall indemnify, defend, and hold harmless City, its Mayor, city council and individual city council members, employees, and agents from and against any and all liabilities, claims, damages, causes of actions, lawsuits, VIII-11 judgments, demands, and expenses, including court costs and reasonable attorneys’ fees, resulting from any act or omission of Dr. Lawrence Erickson, his agents, employees, and contractors arising out of this Agreement. ARTICLE 5 Confidentiality and Audits 5.1 Data Practices Act. Dr. Lawrence Erickson shall comply with the requirements of the Minnesota Government Data Practices Act (the “Act”) and any applicable laws, rules and regulations governing the privacy of patient or medical data, including but not limited to any Privacy Regulation (as defined below) in providing services under this Agreement. No private or confidential data collected, maintained or used in the course of performance of this Agreement shall be disseminated, except as authorized or required by the Act either during the Term of this Agreement or thereafter. Any data supplied to City by Dr. Lawrence Erickson during the Term of this Agreement shall be administered in accordance with the provisions of the Act regardless of any internal classifications assigned to the data by City. 5.2 Other Confidential Information. During the course of the performance of the services under this Agreement, the parties may have access to or become acquainted with confidential information relating to each others’ business, including, without limitation, patient records, medical information, and/or other information that relates to or identifies patients. The parties acknowledge and understand the importance of keeping such information, including the terms and conditions of this Agreement, confidential and agree to never use, except in performing its duties under this Agreement, or disclose such information to any third party except as may be required by a court order. If disclosure is ordered by a court or administrative order, the party subject to the order shall immediately notify the other party to allow such party the opportunity to make a reasonable effort to obtain a protective order. Upon the expiration or termination of this Agreement, the parties shall immediately return to the other party all records or other tangible documents that contain, embody, or disclose, in whole or in part, any confidential information of the other party. 5.3 Protected Health Information. Dr. Lawrence Erickson may use and/or disclose protected health information in providing the services under this Agreement. The parties are committed to complying with the Standards for Privacy of Individually Identifiable Health Information (the “Privacy Regulation”) 45 C.F.R. Parts 160 & 164 under the Health Insurance Portability and Accountability Act of 1996 (“HIPPA”) as it is currently drafted and as it may be subsequently updated, amended, or revised. 5.4. Auditing. The City and Dr. Lawrence Erickson shall each maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request, the City and Dr. Lawrence Erickson shall each allow the Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. The City and Dr. Lawrence Erickson shall each use generally accepted accounting principles in the maintenance of such books and records, and shall retain all such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. VIII-11 ARTICLE 6 Miscellaneous Provisions 6.1 Medicare Sanctions or Exclusion. Each party hereby represents and warrants that it is not and at no time has been sanctioned or excluded from participation in any federally funded health care programs, including Medicare and Medicaid. Each party shall immediately notify the other party if it or any of its employees are sanctioned or excluded from any federally funded health care program, including Medicare and Medicaid, or threatened with the same. If either party or any of its employees is sanctioned or excluded from participation in any federally funded health care program during the Term of this Agreement, or if at any time after the Effective Date it is determined that a party is in breach of this requirement, this Agreement shall automatically terminate as of the effective date of such sanction, exclusion or breach. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first listed above. THE CITY OF HASTINGS DR. LAWRENCE ERICKSON By: ______________________________ ______________________________ Mayor Dr. Lawrence Erickson By: ______________________________ City Clerk SCHEDULE 1.1 DUTIES AND OBLIGATIONS OF THE MEDICAL DIRECTOR VIII-11 The Medical Director and/or authorized designee shall provide the following: Responsibilities: 1. Review and update the triage, treatment and transportation guidelines specified in the Basic and Advanced Life Support Policies and Guidelines for Minnesota (“Guidelines”), and policies at least annually based upon medical audit outcomes, and medical literature review. 2. Establish policies and procedures for pre-hospital care. (These Policies and Guidelines will be recognized as Basic and Advanced Life Support Policies and Guidelines for Minnesota Services.) 3. Establish procedures for the administration of medications. (The procedures will be contained in the Guidelines). 4. Establish, collect and report data points established by the Medical Director used for monitoring system performance. 5. Provide a Quality Assurance mechanism for hearing, addressing, and responding to complaints from patients and providers, including, but not limited to, case review and resolution of patient complaints. 6. Solicit and obtain input from field personnel on a variety of issues related to the development and operation of Quality Assurance and Continuing Quality Improvement programs. 7. Provide and approve standards for the training and orientation of EMS personnel that impact patient care. 8. Conduct an annual review of all medications and medical equipment for potential changes. 9. Approve standards, and provide advice as requested, for purchasing and upgrading equipment and supplies that impact patient care. 10. Conduct annual inservicing and evaluation of Guidelines content of all Emergency Medical Technicians and Paramedics. 11. Conduct patient care report audits as necessary for QA data collection purposes adhering to Article 5 Confidentiality: 5.1 Data Practices Act. 12. Maintain the quality of pre-hospital patient care according to the standards and procedures established under the responsibilities listed above. 13. Conduct regular meetings with Ambulance Department leaders and operational personnel. SCHEDULE 1.1 (Continued) VIII-11 Annual Skills Assessment: 1. Annually, the Medical Director or its designee shall assess the practical skills of each person on the City roster, including each person’s (a) variance, (b) ALS and (c) BLS skills, and sign a statement verifying the proficiency of each individual. The statement shall be maintained in City’s files. (Remainder Of This Page Intentionally Left Blank) SCHEDULE 1.3 DUTIES AND RESPONSIBILITIES OF THE CITY VIII-11 City shall provide the following: 1. Advise the Medical Director in a timely manner in accordance with the Policies and Guidelines of any: a. complaint received concerning the delivery of care by the City. b. medication or procedure (e.g., intubation) errors that occur. c. equipment, vehicle, or communication failures that impacts patient care. d. gross deviation from standards of care. e. provide medical direction liability insurance. 2. Establish and maintain a mechanism to conduct a review of patient care reports for charting compliance. 3. Assure that all personnel meet continuing medical education requirements as established by applicable regulatory agencies. 4. Maintain a current roster, training records, data collection forms, etc. 5. Maintain the following documentation and records related to its First Responders, Emergency Medical Technicians and Paramedics:  Immunizations and screenings for Hepatitis B, Tetanus (every 10 years), Influenza (optional), and Mantoux (annually). Documentation must include refusal forms, if applicable;  HEPA or N95 respirator fit-testing;  Initial and annual continuing education on blood-borne and air-borne pathogens;  Annual Right-to-Know training;  Other licensing requirement documentation as required by Minnesota law;  Background checks  Initial emergency driving training; and  Annual practical skills proficiency statement for each individual (Remainder Of This Page Intentionally Left Blank) VIII-11 VIII-11 VIII-11 VIII-11 VIII-11