THIS ARRANGEMENT,
entered into this 18th day of December, 2002, by and between
Coffeyville Regional Medical Center, Inc. (Hospital), and the
Coffeyville Regional Medical Center Medical Staff (Medical Staff);
WITNESSETH:
WHEREAS,
Hospital is a non-profit corporation, organized and qualified under
the laws of the State of Kansas, and §501(c)(3) of the Internal
Revenue Code, and is charged with the operation of the Coffeyville
Regional Medical Center; and
WHEREAS,
Medical Staff consists of all member physicians and ancillary staff,
who practice medicine at Hospital; and
WHEREAS, all
of the parties to this Arrangement are Covered Entities, as defined by
the Health Insurance Portability and Accountability Act of 1996 (HIPAA),
Public Law 104-191, and they engage in the joint delivery of health
care; and
WHEREAS, the
parties desire to enter into and participate in a joint Organized
Health Care Arrangement (OHCA), as defined by, and in accordance with
HIPAA.
NOW,
THEREFORE, in consideration of the mutual agreements contained herein,
and in compliance with the regulatory directives of HIPAA, the parties
hereby agree:
1. The
parties hereto, as participants in this OHCA, shall have the
unrestricted right to use and disclose their patients’ Protected
Health Information, as defined by HIPAA, for the treatment, payment,
and/or health care operations of the participants in order to manage
and benefit the common enterprise, in accordance with federal and
state law.
2. The
parties shall engage in joint activities in the delivery of health
care, to include, but not be limited to, the following:
(A)
Utilization review, in which health care decisions by
participants are reviewed by other participants or by a third party on
their behalf: and
(B)
Quality assessments and improvement activities, in which
treatment provided by participants is assessed by other participants
or by a third party on their behalf.
3. In the
furtherance of this OHCA, and in accordance with HIPAA, a joint Notice
of Privacy Practices shall be promulgated.
4. The
parties agree to any future amendments, deletions or additions to this
OHCA as may be required by law.
5. The parties
agree that this OHCA is entered into solely for the purposes stated
herein and for compliance with federal and state law, particularly
HIPAA, and is not intended to create, nor shall it be construed as
creating, any form of partnership, joint venture or franchise
relationship between or among Hospital and Medical Staff.
6. The
Hospital and Medical Staff will conduct themselves at all times in
compliance with all laws, rules and regulations, the policies, rules
and regulations of the Hospital, the applicable standards of the Joint
Commission on Accreditation of Healthcare Organizations, and all
current accepted and approved methods of the delivery of health care.
All applicable provisions of law and other rules and regulations as
exist now or as may be promulgated in the future, of any and all
governmental authorities relating to licensure and regulation of
health care providers and to the operation of hospitals are
incorporated herein and shall be fully complied with by both parties
hereto.
IN WITNESS
WHEREOF, the parties, by their respective authorized representatives,
have set their hands hereto, the date and year first above mentioned.
MEDICAL STAFF HOSPITAL
Dr. Garrick Rettele_____ Jerry Marquette___________
CHIEF OF STAFF CHAIRMAN
