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2015-04-21; City Council; 21933; Outsource Ambulance Billing Wittman Enterprises LLC
CITY OF CARLSBAD - AGENDA BILL AB# 21.933 AGREEMENT TO OUTSOURCE AMBULANCE BILLING SERVICES TO WITTMAN ENTERPRISES, LLC, NOT TO EXCEED $200,000 PER YEAR DEPT. DIRECTOR Ct^ DATE 04-21-15 AGREEMENT TO OUTSOURCE AMBULANCE BILLING SERVICES TO WITTMAN ENTERPRISES, LLC, NOT TO EXCEED $200,000 PER YEAR CITY ATTY. f^K. DEPT. Finance AGREEMENT TO OUTSOURCE AMBULANCE BILLING SERVICES TO WITTMAN ENTERPRISES, LLC, NOT TO EXCEED $200,000 PER YEAR CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2015-095 approving and authorizing the execution of a multi-year contract for ambulance billing services with Wittman Enterprises, LLC. ITEM EXPLANATION: Firefighter/paramedics in the Fire Department provide necessary basic and advanced life support ambulance services to citizens, visitors and businesses within the City of Carlsbad limits and outside these boundaries, as defined by applicable mutual aid and automatic aid agreements with neighboring jurisdictions. In Fiscal Year 2013 - 2014, Fire Department paramedics transported approximately 4,226 patients and billed $2,717,000 in net ambulance revenues (gross revenues less Medicare, Medi-Cal and other contractual write downs). Outsourcing ambulance billing services allows for quicker collection of payments, improved management reporting and provides better expertise in government regulations and laws associated with paramedic services and ambulance transport. The city's current contract is expiring in May 2015. Proposals were received from four firms. The proposals were evaluated by a joint Fire/Finance selection team. Using a best value evaluation process, the top two vendors were identified. Both of these firms were interviewed by the selection team. The firms were evaluated on technical capabilities, previous performance and references, overall cost, completeness and responsiveness, and any value-added offerings. Based on these criteria, the team is recommending the contract be awarded to Wittman Enterprises, LLC. Wittman Enterprises is a full service medical and collection company and comes highly recommended from other agencies. They provide services for many San Diego County cities and agencies. This provides for a high understanding of local demographics and boundary-drop billing. DEPARTMENT CONTACT: Colette Wengenroth 760-602-2430 colette.wengenroth@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Ambulance Billing Page 2 of 2 FISCAL IMPACT: The estimated cost to the city is approximately $125,000 per year. This is calculated at 4.5 percent of the estimated net collections for transports and 5.75 percent for net collections for non-transports. The initial term of the agreement is three years with two additional two year options to renew. Sufficient funds are available in the current budget to cover the Fiscal Year 2014 - 2015 cost. Costs for the remaining years will be included in the future years' budgets. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution No. 2015-095 authorizing the selection of Wittman Enterprises, LLC to perform ambulance billing services. 2. Agreement with Wittman Enterprises, LLC. EXHIBIT 1 RESOLUTION NO. 2015-095 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, AUTHORIZING THE SELECTION OF WITTMAN ENTERPRISES, LLC TO PERFORM AMBULANCE BILLING SERVICES 4 " 5 6 7 WHEREAS, requests for proposals from ambulance billing service firms have been 8 solicited, accepted, and evaluated; and WHEREAS, Wittman Enterprises, LLC. has been determined to be the most qualified at a reasonable cost; and WHEREAS, sufficient funds are available in the current 2014-15 Operating Budget. WHEREAS, there is a need to contract with an ambulance billing service firm to invoice fees to members of the public for emergency billing transport services; and 9 10 11 12 j3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California 14 as follows: 15 1. That the above recitations are true and correct. 16 17 18 19 2Q agreement for two additional two-year terms. 21 4. That the Mayor is hereby authorized to execute a contract between the City of 22 Carlsbad and Wittman Enterprises, LLC for ambulance billing services /// /// /// services The firm of Wittman Enterprises, LLC is selected to perform ambulance billing The first term of the agreement is for three years with options to extend the 23 24 25 26 27 /// 28 ^ 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City 2 of Carlsbad on the 21^* day of April 2015, by the following vote to wit: 3 4 5 6 7 8 9 10 11 12 13 14 15 AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: 16 BARBARA ENGLESON, Cit/Clerk 17 (SEAL) ^.<^B%-.,^ 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR AMBULANCE BILLING AND COLLECTION SERVICES Wittman Enterprises, LLC THIS^^GREEMENT is madeJ^r^d entered into as of the C^L^^^ day of and between the CITY OF CARLSBAD, a municipal corpodBtion, ("City"), and Wittman Enterprises, LLC, a Limited Liability Company ("Contractor"). RECITALS A. City requires the professional services of a billing and collection Contractor that is experienced in the preparation of invoices for emergency ambulance transports being sent to private insurance companies, government agencies and patients; delinquent claim handling; receipts processing; monthly reporting; and other duties as defined under the Scope ofWork. B. Contractor has the necessary experience in providing professional services and advice related to emergency ambulance transport billing and collection. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three (3) years from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional two (2) year periods or parts thereof in an amount not to exceed two hundred thousand dollars ($200,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be 4.50% of net collections for transports and 5.75% of net collections for non-transports, not to exceed two hundred thousand dollars ($200,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed two hundred thousand dollars ($200,000) City Attorney Approved Version 2/24/15 per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election. City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, tosses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or eady termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may City Attorney Approved Version 2/24/15 arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-iVII". OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor, if Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liabiiitv Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabiiitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liabiiitv. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain City Attorney Approved Version 2/24/15 7 the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For Citv For Contractor Name Colette Wengenroth Name Title Finance Manager Title Department Finance Address City of Carlsbad Address 1635 Faraday Avenue Phone No. Carlsbad, CA 92008 Email Phone No. 760-602-2468 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 2/24/15 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19- DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the temiination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attomey Approved Version 2/24/15 9 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq.. the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. City Attorney Approved Version 2/24/15 ID CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By (sign here) (print name/title) J By: (print name/title) [INSERT TITLE OF PERSON AUTHORIZED TO SIGN Mayor ATTEST: (Sign nerej BARBARA ENGLES forint name/titlel f If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairperson President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City Attorney [^^l^ev City Attorney Approved Version 2/24/15 EXHIBIT "A" SCOPE OF SERVICES CONTF^ACTOR shall provide complete medical billing and accounts receivable management services for CITY'S ambulance services in accordance with the responsibilities outlined below. CONTF?ACTOR will provide timely and accurate billing services for emergency medical treatment and transport services utilizing information provided by CITY and information obtained from other reliable sources. CONTFl^CTOR responsibilities: Provide billing and accounts receivable management services to CITY required on a case- by-case basis. Receive and interpret electronic patient care records (ePCR). All ePCR records will be sent to the CONTRACTOR. The CONTFiACTOR will supply the CITY, via the monthly report, the number of transports stratified by BLS, ALS I, and ALS II each month. The CONTFiACTOR will input the call information for non-transports in their data base. Ensure that all required documentation and agreements with payers (e.g. Medicare, Medi- Cal, etc.) are filed and maintained and that the CITY is kept apprised of important changes to industry regulations. Ensure knowledge of different industry insurance plans and will ensure that every billable claim is pursued. Further, the contractor will evaluate each claim and bill at the appropriate Basic Life Support (BLS), or Advance Life Support (ALS) level I or II depending on the call. Provide reasonably necessary training periodically, analyze the current fee schedule and make recommendations for fee schedule changes based on contemporary industry standards, and regularly advise the CITY on changes in statutes and industry regulations. Supply any needed ePCR or billing information needed for the CITY'S Community Paramedicine Pilot Program. Provide prompt submission of Medicare, Medi-Cal and insurance claims after receiving completed ePCR and corresponding insurance claim information. Secondary insurance provider claims shall be submitted after the primary insurance provider has paid. Provide follow-up on rejected and inactive claims. Utilize most up-to-date knowledge and information with regard to coding requirements and standards, to ensure compliance with applicable Federal, State and local regulations. Reconcile the number of transports processed with those received. Provide a designated high-level liaison for patient/payer concerns. Provide a high-level City Attorney Approved Version 2/24/15 liaison to the Fire Department for any billing or ePCR data needed. The CONTF^ACTOR will have a high-level person review any Medicare, Medi-Cal, or private carrier contract requirements to ensure that data is needed prior to notifying the fire department to ensure that data requirements the CITY is exempt from due to being a government agency are captured. Provide all customer-related inquiry services and prepare additional third-party claims or patient payment arrangements based on this information exchange. Provide a toll free telephone number for patients to be answered. Facilitate proper security of confidential information and proper disposal of all materials containing such information. Establish arrangements with hospitals to obtain/verify patient insurance and contact information. Respond to any CITY or patient inquiry or questions promptly. Maintain appropriate accounting procedures for reconciling all deposits, receivables, billings, patient accounts, adjustments and refunds. Patients will be instructed to make all payments payable to the City of Carlsbad. Payments received at the CONTF^ACTOR'S office will be deposited to the bank specified by the CITY. The CITY will provide the CONTRACTOR with bank deposit slips. Provide access to CITY for all requested information in order for CITY to perform appropriate and periodic audits. Reasonable notice will be given to CONTF^ACTOR for any planned audit and will be conducted during normal business hours of CONTRACTOR. Provide coordination and support to the CITY for any related audits by outside agencies such as the Centers for Medicare and Medi-Cal. Mail CITY Customer Satisfaction Survey monthly. This consists of 100 surveys per month based on percentage of payor mix e.g. 49% Medicare, 49% of Medicare patients receive a survey with random selection done by the billing company. Any patient that CFD encounters, regardless of billing status, should be included in the population that could potentially receive a survey. This includes boundary drop patients where the transport is by another agency, BLS and ALS transports, and any non-transport. This is done to avoid a selection bias and to solicit input on all aspects of our EMS response. Fire Administration staff will provide the survey instrument, accompanying letter, and postage paid envelopes for the return surveys to be sent to Carlsbad Fire Administration. Provide timely comprehensive reports facilitating all required aspects of monitoring, evaluating, auditing and managing the services provided. Process refund requests and provide the CITY with documentation substantiating each refund requested. Retain all accounts for a minimum of 120 days (unless othen/vise specified by mutual agreement) and turn over accounts to the CITY'S collection agency all accounts for which no collection has been made (unless insurance payment or payment plan is pending). Maintain records in an electronic format that is readily accessible by the CITY'S personnel City Attorney Approved Version 2/24/15 /3 and meets all federal and state requirements for maintaining patient medical records. Be the custodian of billing records. Subpoenas for billing records will be directed to the CONTRACTOR. Maintain daily deposit control sheets and original documentation. Implement and comply with a Compliance Plan consistent with the intent and activities included in the U.S. Office of Inspector General (OIG) Compliance Program Guidance for Third Party Medical Billing Companies. Maintain HIPAA and Business Associate Agreements with the CITY as required by law, and be responsible for mailing the CITY'S HIPAA Notice of Patient Privacy Practices. Fees of 4.50% for transports and 5.75% for non-transports are calculated on collected revenue, minus any refunds or adjustments. These fees also cover all expenses relating to: the assumption of old accounts receivable; credit card processing fees; and the preparation, addressing and mailing of Customer Service Surveys and Notices of Privacy Practices. City Attorney Approved Version 2/24/15 10 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 tJf See Attached Document (Notary to cross out lines 1-6 below) • See Statement Below (Lines 1-6 to be completed only by document signer[s], nof Notary) Signature of Document Signer No. 7 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sf^C^A^Y^tr^^Tr3 I .^^OE^ 8TEPHMNE L COOKH-NOE { §iC3S^ CoffliMsiion«20I755S | IGggBQ Notary Pubiic-CaWornia i ^^BKr Saeramanio County £ •VTaalfmOTglgMSl Subscribed and sworn to ^>4^i^ed) on this day of WN<VU>K Date Month T by before me _, 20_ul, Year iTtyL--VAA, (1). (and (2^ Cj&gAvitViC tolVm(Vfri \x^^ ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signatun Signature of Notary Public Seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this Infomnation can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5910