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HomeMy WebLinkAbout1995-386RESOLUTION NO. 95-386 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKERS' COMPENSATION MANAGED CARE SERVICES AGREEMENT BETWEEN BEECH STREET OF CALIFORNIA, INC. AND THE CITY OF SAN BERNARDINO BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Workers' Compensation Managed Care Services Agreement, a copy of 9 which is attached hereto marked Exhibit "A" and incorporated 10 herein by reference as fully as though set forth at length. 11 SECTION 2. The authorization to execute the above- 12 referenced agreement is rescinded if the parties to the agreement 13 fail to execute it within sixty (60) days of the passage of this 14 resolution. 15 I I I 16 I I I 17 I I I 18 I I I 19 I I I 20 I I I 21 I I I 22 I I I 23 III 24 I I I 25 III 26 I I I 27 I I I 28 I I I 1 " ,', f, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A WORKERS' COMPENSATION MANAGED CARE SERVICES AGREEMENT BETWEEN BEECH STREET OF CALIFORNIA, INC. AND THE CITY OF SAN BERNARDINO I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 6th meeting thereof, held on the Bernardino at a regular November , 1995, by the following vote, to wit: day of Council Members: NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER ~~ The foregoing resolution is hereby approved this ~ day November , 1995. of -; ~~;({AA'~_ Tom Mlnor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney 2 I. Res 95-386 LETTER OF AGREEMENT 2 3 This Workers' Compensation Managed Care Services Agreement ("Agreement") is 4 entered into by and between Beech Street of California, Inc., a Georgia Corporation 5 ("Beech Street") and City of San Bernardino ("City '), and is effective as of November 6, 6 1995. 7 Beech Street desires to perform the following services, subject to the terms and 8 conditions of this Agreement. 9 MEDICAL BILL REVIEW 10 Beech Street will process Workers' Compensation medical bills, pharmacy bills and II medical-legal bills (for treatment and diagnostic services), and make appropriate 12 recommendations for adjustments for compliance with the Official Medical Fee Schedule I3 mandated by the Department of Workers' Compensation of the State of California 14 ("DWC"). Beech Street will process medical-legal bills for consultative services and make 15 appropriate recommendations for adjustments for compliance with the DWC's medical- 16 legal evaluation guidelines. 17 MEDICAL BILL REVIEW REPORTS 18 Beech Street will deliver to City the following reports: 19 (a) An Explanation of Review ("EOR") for each bill reviewed during each 20 weekly cycle; 21 (b) An Invoice and Itemized Billing Report listing each bill reviewed during 22 each weekly cycle; and 23 (c) A Quarterly Savings Report listing, by month, the gross savings, fees, and 24 net savings to City through the use of Medical Bill Review services. 25 MEDICAL BILL REVIEW FEES 26 For each of the Medical Bill Review services set forth, City shall pay to Beech 27 Street a Bill Review fee of eight dollars ($8.00) per bill. 28 III [rjm:n~.:dl.agrl '" / ......- PREFERRED PROVIDER ORGANIZATION 2 Beech Street has established a Preferred Provider Organization ("PPO") through 3 negotiated contract rates with hospitals. Beech Street will process and apply Beech 4 Street's negotiated contract rates to Workers' Compensation bills (inpatient and 5 outpatient) from provider members of the PPO. 6 PPO REPORTS 7 Beech Street will provide to City, a monthly report which summarizes the 8 following information for all PPO Bills and a report which itemizes the following 9 information for each bill: 10 (a) Gross charges submitted; I I (b) Recommended allowance to be paid by City based on Beech Street's 12 negotiated contract rates; and I3 (c) Resulting savings to City. 14 PPO FEES 15 For the PPO services, City shall pay to Beech Street a PPO fee of 20% of savings. 16 UTILIZATION REVIEW 17 Beech Street will provide to City its Medical Case Management ("MCM") program 18 for: 19 (a) Hospitalizations, consisting of Pre-admission Review, Concurrent Stay 20 Review, Discharge Planning, Bill Screening; 21 (b) Case Management of Non-Catastrophic Cases; and 22 (c) Comprehensive Case Management for Catastrophic Cases. 23 UTILIZATION REVIEW REPORTS 24 25 26 27 28 III Beech Street will provide to City the following reports (a) A quarterly Hospital Utilization Summary (Report 900); and (b) A monthly Explanation of Review for each case processed (Reports 220, 221, 222, and 502). lrjm:b':'::f.:h.agrl 2 0- ) :;> ;": _",::; ; UTILIZATION REVIEW FEES 2 The fees for the Utilization Review services ("U,R. services") are included in the 3 fees for the Medical Bill Review and PPO services. 4 The fee for non-PPO hospitals is $100 per case. 5 HOSPITAL BILL AUDIT/SCREEN 6 Beech Street will review inpatient hospital bills. All submissions will first be 7 screened to establish whether a need for further audit exists. If the screening process 8 results in a recommendation for audit, scheduling will take place. The audit may either be 9 a desk audit or an on-site audit. All necessary documentation and authorizations will be 10 handled by the audit staff. The audit process will provide a detail of provider overcharges, ] ] identification of items unrelated to the covered diagnosis and the medical necessity of the ]2 services billed. Services billed but not delivered will also be noted. 13 HOSPITAL BILL AUDIT/SCREEN REPORTS ]4 Beech Street will provide the following reports: ]5 (a) A Pre-screen and/or Audit Report for each bill reviewed; and 16 (b) An invoice for each bill reviewed; and ] 7 (c) A monthly report listing the gross savings, fees and net savings for each bill 18 reviewed during the month. ]9 HOSPITAL BILL AUDIT/SCREEN FEES 20 The fees for Hospital Bill AudiUScreen are as follows: 2] (a) (b) For Hospital Bill Audit: $15 per case For Hospital Bill Screen: 3% gross billed savings 22 23 INVOICES 24 Beech Street shall invoice City of San Bernardino monthly for the fees set forth. The 25 City shall pay each invoice within thirty (30) days of receipt. A service charge of one and 26 one-half percent (1.5%) per month will be added to any invoices that are not paid within 27 thirty (30) days. 28 III Irjm:hi:~o.:h.agrl 3 CONFIDENTIAL INFORMATION AND COVENANT NOT TO COMPETE 2 The City shall cooperate with Beech Street in providing Beech Street with such 3 access to medical or other records as lawfully permissible for Beech Street to perform 4 services under this Agreement. Such access by Beech Street shall be carried out in a 5 manner agreed to between the City and Beech Street designed to protect the 6 confidentiality requirements. When necessary, The City will obtain waivers and consents 7 from employees to allow Beech Street access to medical information and records. 8 Beech Street will not disclose to any third party, without the prior written consent of 9 The City, any information concerning (I) The City's business, operations, or finances, (ii) 10 the health of the employees of The City, and (iii) any other confidential information which II it uses, discovers, or learns in connection with its performance hereunder. Such 12 representation and warranty shall remain in effect both during and after the expiration or 13 termination of this Agreement. 14 The City represents and warrants that it will not disclose to any third party without 15 the prior written consent of Beech Street, except as required by law or regulation or the 16 action of any regulatory authority, any information concerning (I) the review procedures, 17 methods, and operations of Beech Street, including this Agreement and any exhibits or 18 amendments thereto, (ii) the business, finances, and pricing of Beech Street's services, 19 and (iii) and other confidential information of Beech Street which The City uses, discovers, 20 or learns in connection with its performance hereunder (collectively "Confidential 21 Information"). Such representation and warranty shall remain in effect both during and after 22 the expiration or termination of this Agreement. 23 THIRTY-DAY CANCELLATION 24 This Agreement may be canceled by either party upon thirty days' written notice to the 25 other. 26 INDEMNITY 27 Beech Street agrees and promises to indemnify, defend and hold harmless San 28 Bernardino, its officers, employees and agents, from and against all actions, claims, [rjm:h<;,:~<..:h.agrl 4 /)<- , - ,. (' demands, lawsuits, and liability for damages to persons or property that may be asserted 2 or claimed by any person, firm, entity, corporation, political subdivision, or other 3 organizations arising out of or in connection with the performance of this Agreement, but 4 excluding such actions, claims, demands, lawsuits and liability for damages to persons or 5 property arising from the sole negligence or willful misconduct of San Bernardino, its 6 officers, employees or agents. 7 INSURANCE 8 (a) With respect to performance of work under this agreement, Beech Street 9 shall maintain and shall require its subcontractors to maintain insurance as 10 described below: II 1. Workers' compensation insurance as required by California law. 12 2. Commercial general liability insurance, or equivalent form, with a 13 combined single limit of not less than $1,000,000 per occurrence. If 14 such insurance contains a general aggregate limit, such limit shall 15 apply separately to each project Beech Street performs for City. Such 16 insurance shall (a) name City, its appointed and elected officials, and 17 its employees as insureds; and (b) be primary with respect to 18 insurance or self-insurance programs maintained by City. 19 3. Business automobile liability insurance, or equivalent form, with a 20 combined single limit of not less than $1,000,000 per occurrence. 21 Such insurance shall include coverage for owned, hired and non- 22 owned automobiles. 23 (b) Beech Street shall (1) furnish properly executed certificates of insurance to 24 City prior to commencement of work under this agreement which certificates 25 shall clearly evidence all coverages required above and provide that such 26 insurance shall not be materially changed, terminated or allowed to expire 27 except on 30 days' prior written notice to City; and (2) maintain such 28 insurance from the time work first commences until completion of the work {rjm:beech.agr) 5 -7. r', ,"" Res 95-386 under this agreement; and (3) replace such certificates for policies expiring 2 prior to completion of work under this agreement. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their 4 duly authorized officers, effective as of the date and year first above written. 5 BEECH STREET OF CALIFORNIA, INC. 6 7 BY:~~~ S en"(' ICe ""A es- ide...-+ 8 9 CITY OF SAN BERNARDINO 10 11 12 13 ..(~ B~~ WiA If Min6r, Mayor - ATTEST: 14 ~"1c1' L ~ Rac I Clark, City Clerk 15 Approved as to form and 16 legal content: 17 JAMES F. PENMAN City Attorney 18 19 f~ 20 21 22 23 24 25 26 27 28 [rjll1:~c:ch.agrl 6 _~r- ./,""'''' 'OCT-19-1995 15:3~ ~ A.~..ltI... ~~-:-~-'^'''''-~~'-.'''~'''I-'t PROI:ltJCiR~...- --~"',_...... '. RLRNDRLE INSURRNCE P.~2/03,".~.~" I DAll" (MM/OCiYYJ 1011911lS , , , TllIS CERllFlCA'TE ED AS A MATTER OF INFORMAllON ONLY 'ANO-" CONFERS NO RI(l1fTS UPON lHE CERTIFICATE HOLDER. nllS CEFlTlFlCATE DOES NOT AMEND, EXTEND OR AllER lHE COVERAGE AFFORDED BY lHE POUCIES BElOW. 310 430 5300 ~OAlE INSURANCE AGENCY "022 WINNERS CIRCU;. SUITE 100 LOS AlAMITOS CA 90720-2854 COMPANIES AFFORDING COVERAGE c:oMPANV A LiTTER AE'IllA LIFE 6 CASUAlTY INS INSURED COMPANY lDTER B FREMONT INSURANCE COMPANY Beech SInIoI eo""""... 11$ TecI1nology IMne ~~~NY C CA 92718 l COMP.NY LiTTER o COMPAJO' : LETTEIl E , ~I~" "'i"''''''''''''~l'''-'''-._ ' "JI~""I'''''' '.., I~I " ~.::r2:::~1ii~,~~"~.~.:~~,;' ~:!~:~rr:~}ji:.; ~ THIS IS TO CERTIFY TMAT THE POUCIES OF= IN IiIANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUReo NAMED ABOVE FQA TH! POLICY PEFIlOO INOICATED. NOTWITHSTANDING ANY REOUlREMENT, TERM OR CONDITION OF #N CONTRACT OR OTHER DOCUMENT WItH RESPECT TO WHleH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN. THE lNSUAANCE AFFORDED BY THE POlICt~S OESCRIBED HEREIN IS suaJECT TO AU. THE TEAMS, EXCLUSIONS AND CONOITIONS OF SUCH PO~ICIES, L.IMITS SOOWN MAY HAVE BEiN REDUCED BY PAID ClAIMS, ~ ;--~OFI~~.~ __,m poucy N\JMDER i~~~)'-'.i~~=~ ......-. UMITS A ! GEMEIW. UABIUTY , X ; C;OMllERCIAJ.. Ga;:NEPAlI.IABlUTY ',~~'~ro'-- -- ',:('h:,.:.: CLAIMS MACE : X i OCCUR . ',....llc_ _. , OWN!:R'S & CONTRACTO.~.S PROT. BBGl2312901Z i1~'-----;j~ G~NERAl AGGREGATE --.----------.,. . PERSONA~ 5- AD\'. IKJUR'!' ~CH OCCURRENCE ,. 1000001l lOOOOO1l , '""'---,000001l ",0000ci0'-' 100000 5000 - ...--- lOOOOO1l , PRODucT~'" AOO.--"s-'" FlRE OAMAGE.'(A",r ~~'-~-;;J-~--.'--. --.'" '''....--.-..-----r:---.. MED EXPENSE: (Ant CI1l;I 1l't1Wl) ,$ A ,'!"')I"UlU. UAIlILm' ANY.a.U'rO , AU. OWNeD AVTOS SCHEDULED AUTOS X HIRED t.uTOS -'i NON.OWNED AI,JTOS .____1 OBBACM2S1Z9012 11!l8m4 1112811lS , COMllINEO SlNGLE UMIT . 60DIl If Il'iJURY ,(P,rpenOil] s SOQ1LY INJIJ~Y (Petaocidenl) , GAAAI3E UABILITY . PROPEIilTY DAMAGE 'S Al EJa;ESS UAIlIUTV -. .-------..88icS2372lO12 'X UWBRElLA !=OR!.; , OTlo4ER THAN UMBRB.lJ. FaRM B WOIVl8tS ~'ION AND EMPLCJ'tEfI8't>>.I1UN ~1 11_ 1112&'85 .. ....-- 500000O n' ..-- .-.---.----.. ., 500000O :,:::;;n.~.. ~. 'i'.li,;):l&'ll;~:,O'O;j~!,l'.q , :~,."" ~ ,.J,-.:d'1,.,~~~~~?~ .~ . ..... , STATUTORY UNITS ~ '~ ....._______. ,,;.t~. OCIo4 "'CClOENt 1 $ 100000o , DisEAsE. POLICY UMIT -S.-.....-- tOOOOOO- - -. ----.-----.--.------.--. DISEASE. fACH EMPLOVEE $ 100000o 1,_ llIZM5 i EACwOCCUl'lREf'CE ; AGGREGATE C"'EO A, CONTENTS - SPECiAl FORM BLMKET EDP INCLUDING T\JEFT 8lIFP2:l1ZBOl Z BGIE2872lO12 11126194 11126/95 REPl.ACEMENT COST AU. RISK PROPERTY OEDUGnBU; 2521800 2117800 QESCRIPTlON OF OPERAOON&iocAT~ClAL IIDfS C..TIFICATB HOLDBa t8 ~ ADPITIO~ IHS01ED pz. eG200" ~TTACBED. Q: ALL OPERATIO." OJ' ora QImD IHsmtBD. . 10 nAye JIOTICB OF CARCBLr.A'1'tOIl" rQR. lItlJiJ PAnoarr OF ,lUDIttrM. '~.;:}7':~=- CITY OF SAN BERNARDINO ATlN: LESUE SOIl NORTll .0. STREET SAN BERNAROINO I,';: I :1 :~ ;') ;i::~AlInDmD REPfl <,1 ie,,, USA D. IlAIWAS ~rt7~:;';.F~:;~J;~~\:r_::;'.~,'-~d(~~:\:r:J, "17li~:' '-1 ",it. /iC::~l.J,;:,I:;r(t.i'M~~jj~~. :;iI!,~rtiJ;;I'Pi:~:~':;~:';1'JI\:,;v:; I;:" 1~~..,Ji.e~>\\<<a;~,,~I,.....olI.lt li;~r.!~:l!if.'~fl~a~'!U:,Jil;;\~? ...!~~.l[{.,;J;{,:i'.o:(~,~,~. 1~d-..,:...;t,~'I:J.J:~r~_: . CA 112418 --: '-. ,': OCT -19-1995 15; 39. , RI.RNDRLE I NSURRNCE 310 430 5300 P.03/03 BEECH STREET CORPORATION POLICY NUMBER: '086Gr;23729012 COMMERCIAL GENERAL LIABILITY. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART, SCHEDULE Name of Person or Organb:atlon: CITY OF SAN BERNARDINO (If no entry appears above. information feQuifed to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an inSured the pefson or organization shown in the Schedule. but only with respect to liability arising out of "your wOfk" for that inSUfed by or for you. SUCH INSURANCE AS IS AFFORDED BY nus POLICY FOR 11iE BENEFIT OF (X~ AND GENERAL CONl'RAC!OR SHAlL BE PRn1ARY rnsuRANCE AS RESPECl'S TO ANY CUJ.MS. lDSSES. OR LIABILITI ARISOO DIFEClLY OR llIDIRECl'LY FRLl1 'mE CXJNrRACIOR' 's OPERATIONS AND ANY CJIllER rnsuFAOCE MAINl'AWED BY '(XoJNER. 'AND 'GENERAL aJNl'RACIOR SHAll. BE EXCESS AND NOr OJNlRIBUl'ORY wrnI THE INSlJRANCE l'RlJVJ.IJW HrnEUNDER. Signed By: L i). ~ (Authorized Agent or Broker) -. .. CG 20 10 11 85 Copyright. Insufance ~efvices Office. Inc.. 1984 o TOTRL P.03