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Home My WebLink AboutRES 15-009RESOLUTION NO. 15-009 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Acknowledgment and Memorandum of Understanding between the City of Beaumont and CHRISTUS Health Southeast Texas d/b/a CHRISTUS Hospital to provide health care to indigent, uninsured, and underinsured residents of the City. The Acknowledgment and Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2015. CHRIS rus:. Hospital January 6, 201 City of Beanlnont PO Box 3827 Beaumont, TX 77704 Attn: Kyle Hayes, City Manager Re: Acknowledgement and Memorandum of Understanding Dear Kyle Haves: This Acknowledgment and Memorandum of Understanding ("Acknowled menu") is entered into by and between the City of Beaumont ("C'ity"), and CFiRISTUS Health Southeast Texas d/b/a CHRISTUS Hospital ("Hospital") located at 2830 Calder St, Beaumont, TX 77702. Each of City and Hospital may be referred to herein individually as a "Party" or collectively as the "Parties". I Iospital is a private not-for-profit hospital that provides a disproportionate share of healthcare services to the Medicaid population in addition to supporting programs that benefit the indigent, uninsured or underinsured population in the State of Texas, and in accordance with Hospital's established charity care policy. Hospital participates in the drug discount program established under Section 340B of the public Health Services Act (the "34013 Program"). In order to participate in the 340B Program, Hospital must enter into an agreement with a unit of the local government pursuant to which Hospital commits to provide health care services to low-income individuals who are neither entitled to benefits under Title XVIII of the Social Security Act nor eligible for assistance under the State plan of Title XIX under this act. Hospital historically provided such care to indigent, uninsured, and underinsured residents of City preceding its enrollment in the 340B Program, and will continue to provide such care in the future. Through this Acknowledgment, Hospital desires to make a formal commitment to City to provide such care. City agrees to accept such commitment on behalf of the citizens of City and surrounding communities. 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 and covenanted, by and between the Parties to this Acknowledgment, as follows: I . Commitment of Hospital to Provide Indigent Care. During the term of this Acknowledgment, Hospital agrees to continue its historic commitment to the provision of health care to indigent, uninsured, and underinsured residents of City and surrounding communities, in accordance with hospital's established charity care policy. Hospital will ensure all patients will receive necessary care, as required by lav`, regardless of ability to pay. 2. Acceptance and Acknowledgement of C Y. Hospital represents that as of the date hereof (i) City accepts the cotrunitment of Hospital set forth above; (ii) City has executed a Certification of Contract form, attached hereto as "Attachment A", which acknowledges that the healthcare services provided by Hospital are being provided to low-income individuals who are neither entitled to benefits under Title XVIII of the Social Security Act nor eligible for assistance under the State plan of Title XIX under this Act; and (iii) City authorizes Hospital to submit the attached certification in support of I lospital's application to enroll in the 340B program. EXHIBIT "A" 3. Replesentations of Hospital, The hospital represents that (i) Hospital constitutes a corporation duly organized and validly existing in good standing under the laws of the State of Texas with the corporate power and authority to enter into and perform its obligations under this Acknowledgment; and (ii) Hospital is a tax-exempt corporation of under Section 501(c)(3) of the Internal Revenue Code of the United States, as amended and under applicable laws of the State of Texas. 4. Termination. This Acknowledgment shall continue until terminated by either Party upon not less than sixty (60) days prior written notice to the other Party. 5. Notice. All notices required or permitted to be given under this Acknowledgment shall be deemed given when delivered by hand or sent by registered or certified mail, return receipt requested, addressed as follows: Sent to: City of Beaumont Attention,: Kyle Hayes P.O. Box 3827 Beaumont, TX 77704-3827 6. Governing Law. 'Phis Acknowledgment shall be governed by and construed in accordance with the laws of the State of Texas (excepting any conflict of laws provisions which would serve to defeat application of'Texas substantive law). In witness of, the undersigned, by their respective authorized representatives, have executed this document_ CHRIS HOSPITAL Name: Paul Trevino Title: President & CEO City of Beaumont Name: ATTACHMENT A Certification of Contract with Local or State Government Department of Health and Hurran Services, Health Resources and Services Administration, Healthcare Systems Bureau OMB No. 0915-0327; Expiration Date: 10/31/2015 OFFICE OF PHARMACY AFFAIRS (OPA) CERTIFICATION OF CONTRACT BETWEEN PRIVATE, NON-PROFIT HOSPITAL AND STATE/LOCAL GOVERNMENT TO PROVIDE HEALTH CARE SERVICES TO LOW INCOME INDIVIDUALS To demonstrate that the hospital meets the statutory definition of covered entity under section 3408(a)(4)(L)(i) as a private non-profit hospital which has a contract with a State or local government to provide health care services to low income individuals, this certification must be completed and signed by both parties. CHRISTUS Hospital Name of Hospital Realrmrnit_ Texas 77702 City, State, Zip Pursuant to the requirement of Section 3408 of the Public Health Service Act (42 U.S.C. 256b), I certify that a valid contract (please provide contract number or identifier if applicable #(BMT-OPA) is currently in place between the private, non- profit hospital named above, and the State or Local Government Entity named below, to provide health care services to low income individuals who are not entitled to benefits under Title XVIII of the Social Security Act or eligible for assistance under the State plan of Title XIX of the Social Security Act. In addition, the authorizing official certifies that when this contract is no longer valid, appropriate notice will be provided to the Office of Pharmacy Affairs. The undersigned represents and confirms that he/she is fully authorized to legally bind the covered entity and certifies that the contents of any statement made or reflected in this document are truthful and accurate. nature orizing Official %/'/,5 Date Paul Trevino President/CEO (please print or type) Name and Title of Authorizing Official (e.g., CEO, CFO, COO) (409)899-7102 paul.trevino(o),christushealth.org Phone Number Ext. E -Mail Address Signature of State or Local Government Official Name of State or Local Govefnment Official (please print or type) City of Beaumont Title and Unit of Government PO Box 3827_ Beaumont, Texas 77704 Address 4j 7v Phone Number Date i pt yq red �' G iC"_G Ext. E -Mail Address This ICps hation I'otin n(Is l be completed and submitted according to the established deadlines tha; arc published on the OPA website(tru_tvhrs;f. t�laa