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HomeMy WebLinkAbout1995-03-27 95-152 ORDERCOUNCIL ACTION Item No. 95-152 Date March 27, 1995 Item/Subject: Authorizing City Manager to Execute Two Hospice Care Agreements with Hospice of St. Joseph, Inc. Responsible Department: Legal This Order authorizes Ed Barrett to execute the two referenced agreements on behalf of the City. The agreements cover the provision of hospice care and respite care for hospice patients at the City Nursing Facility. There is no additional cost to the City as a result of these agreements. The Municipal Operations Committee reviewed this item at its meeting on the 21st and recommended approval. Department Head Manager's Comments: A, City Manager Associated Information: Order, Agreements, and Memorandum to Municipal Operations Committee Budget Approval: Ah .Fm�,,.uwd Finance Director &A( City Solicitor r tor Intr For Presage First Reading Referral Page of 95-152 Aeeitned to coonetlor Cohen March 27, 1995 ryp CITY OF BANGOR (TITl6) (Drber, Authorizing City Manager to Execute Two Hospice Care Agreements with Hospice of St. Joseph, _Inc. - By the Oily cooult of the My ofsonoor. ORDERED, THAT city Manager Edward A. Barrett is hereby authorized to execute two documents, a ProtocolandAgreement For the Provision of Hospice Home care Services to the Residents of Bangor city Nursing Facility and an Agreement Between city of Bangor and Hospice of St. Joseph, Inc. to Provide Inpatient Respite Services, with Hospice of St. Joseph, Inc. governing the provision of hospice care and respite care for hospice patients at the Bangor city Nursing Facility. -The documents are attached hereto a Exhibits A and B. -- IN CITY COUNCIL Harch 27; 1995- eae CI CURB 95-152 0R0ER Titley Authorising City managertoInstate too Hospice Care Agreements with Hospice of St.' �9eeph., xxy/,nc..'..d.........../.��................... Am, �d^ to 0a Councilmen ;i 95-152 MEMORANDUM TO; municipal OperattQ',{� committee FROM: Bruce N. 3hib12fl;iAsat. City Solicitor RE: Hospice Services Agreements with St. Joseph's Date: March 13, 1995 Hospice Of St. Joseph, Inc. (Hospice) has requested that the City Nursing Facility provide respite care for Hospice's residential hospice program. Hospice has also offered to provide hospice services to residents at the Nursing Facility. Agreements covering both situations are attached for your review. As you are no doubt aware, hospice services are provided to terminally ill patients who have been diagnosed as having no more than 6 months to live. The services are palliative in nature i that they are designed to alleviate pain and suffering and not cure the patient. The possibility of providing hospice care may be an added selling point for Nursing Facility services. The agreements are fairly straightforward in their operation. The first agreement covers situations where caregivers of hospice patients need a break and the patient spends a short time at the Nursing Facility receiving both nursing and hospice care. The second agreement concerns Nursing Facility residents who might qualify for hospice care toward the end of their lives. Under current Medicare regulations, the Nursing Facility can be considered a patient's 'residence" for hospice care purposes. Neither agreement requires the City to incur any expenses as Hospice is responsible for all costs associated with both programs. Hospice has also agreed to follow Nursing Facility admissions regulations where applicable. Both Agreements are of indefinite duration so full council approval will be necessary. A council Order will be on the March 27th Council Agenda authorizing Ed Barrett to execute these agreements. Both Judy Young and myself will be available to answer questions from the Committee on the 219t. ElaineGerard, Hospice Director, has been invited to the Committee meeting. Your approval is recommended. Thank you for your time and consideration. BNS/red Attachments cc: Judy Young, Burning Facility Administrator 95-152 CITY OF BANGOR and HOSPICE of ST. JOSEPH, INC. To Provide Inpatient Respite Services This .agreement is entered into asof this day of March, 1995, by and between the City ofBangor, a Maine municipal corporation, and Hospice of Saint Joseph, a non-profit corporation - WHEREAS , orporation.WHEREAS, Hospice of Saint Joseph is engaged in providing interdisciplinary care and treatment of Saint Joseph terminally ill patients i order to allow these patients to continue life as comfortably as possible primarily in a home environment; and WHEREAS, Hospice of Saint Joseph is primarily palliative rather than curative; (this care includes physical, emotional, spiritual, and bereavement support i ordance with the standards of Medicare Hospice regulations); and WHEREAS, on occasion, Hospice patients need inpatient care for respite purposes; and WHEREAS, the City of Bangor o and operates a nursing care facility, known as the Bangor City Nursing Facility, (hereinafter ^Nursing Facility"), which offers inpatient care; and WHEREAS, the Nursing Facility has policies consistent with those of Hospice of Saint Joseph, and is willing to make inpatient beds and services available for use by Hospice of Saint Joseph patients; HOW THEREFORE, the City of Bangor and Hospice of Saint Joseph hereby agree as follows: I.. DEFINITIONS The following terms shall have the following meanings for the purpose of the agreement: A. Attending Physician: a doctor of medicine or osteopathy who is identified by the patient, at the time he or she elects to receive hospice care, as having the most significant role in determination and delivery of the patient's medical care. B. Interdisciplinary Team: a group consisting at aminimum of a doctor of medicine or osteopathy, a registered nurse, asocial 95-152 Hospice of St, Joseph City Of Bangor Respite Agreement Page 2 worker, and a pastoral or other counselor, who provide or supervise the hospice care and services offered by hospice. C. medical Director: a doctor of medicine under contract with hospice who assumes rall responsibility for the medical component of the hospice program. D. Hospice Care Coordinator: a registered nurse designated by the hospice to coordinate the implementation of the plan of care for each patient. E. Plan of Care: a written plan prepared by the interdisciplinary team for each hospice patient containing an assessment of the patient's needs, identification of services to be provided, and a detailed description of the scope and frequency of services needed to meet the patient's and family's needs. Subject to the terms and conditions of, and at the request of the hospice as provided by this agreement, the Nursing Facility shall provide the following services to the hospice patients i accordance with the patient's plan of care as developed and amended from time to time by the patient's attending physician, the Medical Director of hospice and the interdisciplinary team of the hospice employees. - A. Subject to the availability of beds, the Nursing Facility shall make beds available to the hospice patients as needed. B. The Nursing Facility shall provide all Nursing Facility services requested by the hospice as needed, including nursing care, dietary services, housekeeping services and oxygen• C. The Nursing Facility shall ensure that each 24 hour period includes a registered nurse who is responsible for the supervision of direct patient care. D. According to agreed upon protocol, the Nursing Facility shall observe and record the patient's condition and response to treatment, respond to appropriate hospice personnel when asked about the patient, and report any significantchanges in the patient's condition. E. To the extent possible, the Nursing Facility shall provide access and flexible visiting privileges including visits by 95-152 Hospice of St. Joseph City of Bangor Respite Agreement Page 3 children of all ages for hospice patients twenty-four (24) hours a day, every day of the year. F. The Nursing Facility shall allow members of the hospice interdisciplinary team and other caregivers to participate in the plan of care including the documentation of visits on the patient record. G. To the extent possible, the Nursing Facility will provide physical space for private visiting between patients and their families and accommodations for family members to remain with the patient throughout the night, and for family privacy after a patient's death. Rooms in the Nursing Facility serving hospice patients shall be homelike in that patients will be permitted to bring from home some personal belongings such as afghans, pillows, family pictures, etc., to the extent that such belongings do not disrupt usual Nursing Facility services. H. To the extent possible, the Nursing Facility shall provide appropriate space for consultation and conferences. PATIENT SERVICE POLICIES A. Hospice patients shall be admitted for inpatient care at the Nursing Facility by the patient's attending physician. B. All admissions to the Nursing Facility must be authorized by a designated representative of hospice acording to mutually agreed upon protocol. If the admission of apatient is not authorized in writing, a record of the oral authorization shall be entered into the patient's record. The hospice shall provide the Nursing Facility with currentinformation identifying the person(s) who are authorized to approve admissions. C. The Nursing Facility affirms that it will work with the hospice to ensure that its philosophy is consistent with those of hospice, and its services are provided in accordance with hospice patient care protocol. D. All admissions to the Nursing Facility shall be pursuant to and in accordance with the City of Bangor's policy, in effect at the time, regarding admissions to the Nursing Facility. A copy of the current admissions policy is attached and incorporated herein by reference as Exhibit A. Hospice will be furnished copies of any changes to said policy within 7 days of the change.. Hospice of St. Joseph 95-152 City of Bangor Respite Agreement Page a IV. RESPONSIBILITIES OF HOSPICE A. The hospice shall furnish to the Nursing Facility, at the time of the patient's admission, a copy of the patient's plan of care and medical history. The hospice shall also promptly communicate orally or in writing any changes in the plan of care to the Nursing Facility. B. At the time of admission or on the next working day the hospice shall furnish the Nursing Facility with a list of those hospice individuals authorized to give or receive patient information. Hospice personnel documenting in the Nursing Facility patient record shall wear name tags identifying them as employees of hospice. The documentation shall be limited to entries in the progress notes. C. The hospice shall ensure that the patient coordinator for each hospice patient shall coordinate the services provided to the patient by reviewing the plans of care and scheduling interdisciplinary team meetings as necessary. D. The hospice shall arrange for appropriate hospice training to Nursing Facility personnel who will be providing inpatient care to hospice patients pursuant to this Agreement. V. QD rry ASSOHANCH A. The hospice shall designate a representative of the hospice to participate in the Nursing Facility quality assurance program to the extent that such a program relates to the inpatient services furnished pursuant to this Agreement. B. The City of Bangor hereby warrants that its Nursing Facility is duly licensed by the State of Maine. The Nursing Facility immediately shall notify hospice concerning any proposed, threatened o actual revocation, termination or material modification of its license by the State of Maine. C. The hospice warrants that it is licensed by the State of Maine and certified by the Medicare program to provide home health services and hospice care services. The hospice shall notify mediately the Nursing Facility concerning any proposed, actual o threatened revocation, termination or material modification of its licensure by the State of Maine or its certification as a Medicare provider. 95-154 Hospice of St. Joseph City of Bangor Respite Agreement Page 5 VI. INSURANCE Both parties shall submit acertificate of insurance issued by any insurance company acceptable to the other party indicating complete liability ine coverage, including professional liability coverage. Such shall be in amounts reasonably satisfactory to each party, but shall not be less than three hundred thousand ($300,000) dollars single limit for bodily injury and property damage liability claims, and three hundred thousand ($300,000) dollars single limit for professional liability claims. Both parties agree to notify the other within seven (7) days if such insurance is changed, cancelled or revoked. VII. TERMINATION This Agreement shall become effective a of the date of execution and shall remain in effect indefinitely, provided, however, that either party shall have the right to terminate this agreement under the provisions outlined hereafter. V111 TERMII TION/AMENDMENT A. This agreement may he terminated by either party, upon thirty (30) days prior written notice to the other party. B. Any provision may be amended by written proposal by either party and subsequent acceptance by both parties. C A hospice patient who is an inpatient at the Nursing Facility at the time of termination may continue as an inpatient under the terms and conditions of the agreement until the five (5) day respite period has ended, and the hospice patient is discharged to his/her home. I8. COMPENSATION A. The hospice shall reimburse the Nursing Facility its usual and customary room rates for the care and services provided hereunder. The hospice shall pay the Nursing Facility within five (5) days following the date of payment received from Medicare. B. Subject to the preceding provisions of this section, the hospice shall.bear the ultimate responsibility for the charges billed by the Nursing Facility for care and services provided to hospice patients pursuant to this agreement. 95-152 Hospice of Rt. Joseph City of Bangor Respite Agreement Page 6 w�G, For the purpose of implementing Section 1861(v)(i)(1) of the Social Security Act as amended by any written regulations thereto, the Nursing Facilityagrees to make available to the Comptroller General, the Secretary of Health and Human Services, or any duly authorized representatives, the agreement, books, documents and records of the Nursing Facility that are necessary to verify the nature and extent of the costs of services provided pursuant to this agreement. Elaine Gerard, Director Hospice of St. Joseph Edward A. Barrett Date City Manager - 1 95-152 BANGOR CITY NURSING FACILITY POMISGIONS PULICIES RND PROCEDURES It is the philosophy of Bangor City Nursing Facility to provide optimum quality nursing care to the residents of Bangor. Priority for admission will be given to Bangor re sidents, with Bangor residents on Medicare skilled level having firstpriority. Non -Bangor residents may be admitted when occupancy falls below 96% and there are no Bangor residents awaiting admission. In order to provide short tern skilled rehabilitation services to the unity, the facility aims to keep beds designated for short term rehabilitation admissions. R person with aocable disease, that would be a serious health threat to current r residents and staff, may not be considered for ad- mission. Each case will be considered on a eindividual basis to deter- s the a of the risk to other residents and to determine if reasonable accommodations could be made. It is the policy of the Bangor City Nursing Facility to admit patients without regard for r color, creed, sex (except for constraints placed by potential rodents)enational origin, or source of payment. In order to insure that all residents receive r the quality Of c which their clinical Condition warrants, Bangor City Nursing Facility needs to cider various factors in determining whether persons requesting ad- on be adequately cared for. The following procedures a in place to fulfill Bangor City Nursing Facility's goal of providing quality nursing care in accordance with the needs of its patients and assuring that its patients live with dignity and comfort in and en- vironment conclusive to their psycho -social needs. All referrals far admission are initially screened by the Social Service Caseworker and the Director of Nursing for level of care, nursing care a needs and residency. The n of those who meet all criteria for ad- missions missions a e placed on the waiting list. Their name and date of referral e placed in a bound,book. Further information such as address, next of kin, the diagnosis etc. will be kept in a separate file. When a bed becomes available, those on the waiting list are wed by the Admissions Committee consisting of the Administrator, Director of Nursing, Social Caseworker and the Accounts Clerk. A nursing assessment will be made by the Nursing Director. The Admission Committee shall determine whether the potential patient has a currently available source of payment to cover the cost of care at the Bangor City Nursing Facility. The particular source of payment will not be a factor in determining eligibility for admission. However, a source of payment oust be verified. 95-152 Admissions policies and procedures continued: Potential patients who cannot demonstrate any available source of pay- ment will not be considered for admission. The potential patient who n has a applicationfor Title XIX (Medicaid) reimbursement pending shall not be considered as having anavailable source of payment until such time as they are determined to be eligible for Title XIX assistance by the Department of Income Maintenance. When a nursing assessment i completed and a of payment has been ours ssessn s c source using thetl the ing Admission Committee will then review the application using the following criteM a( Residency Behavior Status Level of Care Conounicable.Disease Nursing Needs: Therapy: P.T. - O.T. - Speech ADL Status Guardianship Mobility Current Placement & Degree of Need Continency Compatability with Potential Recasts Tube Feeding Date of Referral Tracheostomy Major Dressing Decubiti Other The committee will then determine whether the level of s required by theapplicant can be supplied by Bangor City Nursing Facility at that time and whether thelevel of services a required by the applicant can be offered without so diluting thes r of the facility that the the quality of care rendered to existing residents will be jeopardized. In making that determination: the cmmittee will consider the resources, v personnel and equipment available at the facility and the nursin, medical and psycho-socialneedsof the applicant. 95-153 PROTONL AND AGREEMENT FOR THE PROVISION OF HOSPICE HO CARE SERVICES TO THE RBSIDEHTS OF BANGOR CITY NURSING FACILITY WHEREAS, the City of Bangor onand operates the Bangor City Nursing Facility, (hereinafter referred to as THE HOME) which is an Intermediate Care Facility which occasionally has among its residents individuals whose source of payment for nursing home non-Medicare,ervices in but who are Medicare eligible individuals, ndividuals, and who are terminally ill with a medical prognosis of six months or less, and MEMBERS, The Home desires to assure that the highest quality and level of services are provided to such individuals with respect to the care and management of their of their terminal illnesses, and WHEREAS, The Home desires to make hospice home care services available to such individuals in order that such individuals may obtain the additional services covered red under the Medicare Hospice Benefit while continuing to reside in The Home, and WHEREAS, Hospice of St. Joseph, Inc. (hereinafter referred to as HOSPICE) is certified by the federal government to provide comprehensive hospice services to Medicare -eligible individuals and desires t0 provide suchservices t0 the residents of The Home in cooperation with the management and staff of The Home. NOW THEREFORE, The City of Bangor and the Hospice, 1 consideration of mutual advantages occurring to each and to eligible residents and their families, do hereby agree each with the other, as follows: SECPIOB I: ELIGIBLE RESIDENTS Residents eligible for services provided i accordance with this Agreement are persona whose place of residence is The Home and who A. Are determined by the Health Care Financing Administration of the US Government to be eligible for Medicare Fart A coverage and reimbursement of health services, including payment to The Hospice for hospice home care rendered in The Home; B. Are utilizing payment sources other than Medicare to reimburse The Home for its care and services; C. Make a Medicare Hospice election as provided for In Public Law with the result that Hospice is able to be reimbursed for hospice services provided to that individual while residing in The Home; D. Are appropriate for and accepted by Hospice in accordance with Hospice admission criteria which are made a part of this Agreement and are appended hereto as Appendix A; 95-152 Page 2 E. Receive hospice services in accordance with an individualized Hospice Plan of Care (hereinafter referred to am Hospice Plan) developed by the Hospice and approved by the physician identified n the medicare Hospice election form as being responsible for such resident's health care. SRCTION II. SERVICES TO BE PUFUNISHBD BY HOSPICE A. HOSPICE PLAN The Hospice shall develop, at the time an eligible resident i admitted into the Hospice program, a Hospice Plan of Care for the management and palliation of the resident's terminal illness. The s Hospice plan i written document which will include a detailed description of the scope and frequency of hospice services and supplies needed to meet the resident's need. The Hospice plan will specify which services and supplies are related to the patient's terminal illness, and therefore, will be furnished by Hospice. Hospice shall furnish The Home with a copy of the resident's admissioninto the Hospice program in the form of physician's orders.The Hospice plan will be updated weekly o e frequently if deemed necessary by The Hospice and a copy of theupdated Hospice plan will be furnished weekly to The Home. B. HOSPICE HOMES CAME SERVICES The Hospice agrees to provide services to eligible residents a defined in Section I., according toaHospice plan, as defined i Section II.A. Hospice service shall comprise generally all of the services, facilities and equipment made available those patients otherwise enrolled in The Hospice asroutine home care patients. Such s shall, depending upon the Hospice plan for each eligible resident, include those hospice services listed i Appendix B, attached hereto and by reference made part of this agreement. If the resident's plan of care calls for nursing, aide/homemaker, social work, counseling, chaplaincy, physician, or other services related to the management of the terminal illness not ordinarily provided by The Home to its residents and included n the basic room and board charge, then The Hospice shall provide such services. C. DRUGS AND PHARMACEUTICAL3 The Hospice agrees to provide all drugs and pharmaceuticals related to the management of the terminal illness and which specified in the Hospice plan for an eligible resident. D. mRnICAD EQUIP4IEN'1' AiH1 mpuicAL SDPPLIES If an eligible resident's Hospice plan specifies the need for medical equipment and medical supplies which are not ordinarily provided by The Home to its residents and included in the basic room and board charges, the Hospice shall provide such medical equipment and medical supplies. 95-152 Page 3 H. CONTINUOUS CARE AND HOSPICE INPATIENT CARE The Hospice is a comprehensive provider of home care, continuous care and inpatient services for conditions related to the management of the terminal illness. An eligible resident obtains access to all components of the Hospice program. Based upon the understanding that The Home constitutes the place of residence for an eligible resident, Hospice will provide routine home care to residents of The Home. In cases in which the needs and condition of a Hospice patient so indicate, Hospice may change the level of care from routine home care to continuous care or inpatient services. 1. Continuous Care: If a Hospice patient who is a resident of The Home expreiences a crisis, as defined by Hospice rules of US Health Care Financing Administration, Hospice agrees to place round-the-clock nursing or aide services in The Home to care for the patient i uninterrupted fashion until the patient's condition dictates a return to routine hospice homecare or a change to Hospice inpatientcare. 2. Hospice Inpatient Care: If a Hospice patient who is a resident of The Home expreiences chronic o cute symptoms which, in the judgment of Hospice, cannot be effectively managed in The Home or through continuous care, Hospice agrees to provide short-term Hospice inpatient care for such a patient at St. Joseph Hospital. F. TRANSPORTATIGN AND AMBDUANCE If a Hospice patient who is a resident of the Home requires transportation or ambulance from The Home to St. Joseph Hospital, Hospice will provide or arrange for such transportation or ambulance. G. HGSPICE PHYSICIAN SERVICES The Hospice shall provide home visits by a Hospice -employed physician to residents who are Hospice patients when called for in the Hospice plan. Such visits shall be solely related to the patient's terminal illness and are understood as not duplicating o replacing the services of the resident's attending physician, which under Public Law 97-248, may continue to be provided and billed to Medicare Part B, even though the resident may be receiving Hospice care including the services of Hospice -employed physician. H. FAMILY SERVICES AND BEREAVEMEIT CARE Hospice agrees to provide counseling to family members to assist them in adjusting to the patient's terminal condition and assisting family members addressing the emotional stress often associated with terminal illness in the family. 95-152 Page 4 The Hospice agrees to provide bereavement counseling to family members for as long as one year after the death of a Hospice patient who was a resident of The Home. I. HOSPICE ORIENTATION ANO TRAINING The Hospice agrees to provide sufficient orientation and training to personnel Of The Home to acquaint them with the Hospice concept, and as necessary, with Hospice symptom control protocol. SECTION III. SERVICES TO BB PORNISHEO BY THE HOME The Home shall furnish to the individual who is both a resident of The Home and a Hospice patient all of those services which The Home normally would have provided for in The Home's policies, procedures, protocols and agreements with the resident or the resident's family. It i understood and agreed that, because the eligible resident's place of residence is The Home, The Home shall provide those services which approximate the kind of service which would have been provided by family members. . With respect to the management of the patient's terminal illness, The Home shall: 1. notify Hospice in the event of changes in the patient's condition; and 2. provide usual and customary services of The Home subject to the Hospice plan for such a patient; and 3. make records pertaining to care and services furnished by The Home to a Hospice patient available to The Hospice subject to the patient's consent. SECTION IV. COOPRHATION IN PROPE3SIOl MANAGEXMNT In respect to The Home's responsibility for services carried out within its facility, Hospice shall provide to The Home the following: 1. Current information documenting the appropriate licensure and credentials of all Hospice personnel visiting residents of The Home; and 2. A certificate of i issued by an insurance company acceptable to The Home, indicating that The Hospice has complete liability insurance coverage, including coverage for any acts of professional malpractice, in amounts satisfactory to The Home; and 3. Current information documenting that The Hospice i licensed by the State of Maine pursuant to Maine statutes and i certified by the US Government pursuant to Public Law 97-248, for the provision of Hospice services; and 95-152 Page 5 4. Subject to the patient's cent, access to all records of Hospice services rendered to the patient; and 5. Access by representatives of The Home to attend and participate in Hospice interdisciplinary team conferences for the purpose of developing and evaluating the Hospice plan for such eligible residents. SBCTION V. FIS CIAL RESPONSIBILITY A. RESPONSIBILITY OF THE HOSPICE The Hospice shall bear full financial responsibility for all Hospice'cra furnished by Hospice, directly or under arrangement with other providers, which is related to the patient's terminal illness, provided that such care is specified in the Hospice plan for such a patient. B. PURCHASE OF SERVICES BY THE HOSPICE FROM THE HOVE Hospice may purchase from The Home some services and supplies which The Home may agree to furnish in accordance with the Hospice plan for a Hospice patient who is a resident of The Home. Such services cmay include physical therapy, occupational therapy, speech therapy, pharmaceuticals, oxygen, personal care, supplies and medical equipment. In the event that Hospice wishes to purchase any such services, the terms of such sales by The Home shall be as delineated in Appendix C, which is by reference made a part of this Agreement. C. RESPONSIBILITY OF THE HOMR The Home shall bear no responsibility for the provision of or payment for any services or items which are called for in the Hospice plan a related to the management of the terminal illness, except that The Home will continue to provide those services and items which would have been provided to its other resident not receiving Hospice home care Services. Such services include room and board, medications not relatedto the management of the terminal illness, nursing and personal care s provided to other residents of The Home, room furnishings to include those items normally provided to residents by The Home and The Home's normal program of therapies and activities unrelated to the resident's terminal illness. By sole virtue of the resident's receiving Hospice homecare services and being admitted into the Hospice program, the financial responsibility of The Home for services unrelated to the terminal illness which are provided to such a resident shall neither increase or decrease. 95-152 Page 6 D. INSURANCE Both parties shall submit a certifcate of insurance issued by any insurance ompany acceptable to the other party indicating complete liability insurance coverage, including professional liability coverage. Such inshall be i amounts reasonably satisfactory to each party, butashall not be less than three hundred thousand ($300,000) dollars single limit for bodily injury and property damage liability claims, and three hundred thousand ($300,000) dollars single limit for professional liability claims. Both parties agree to notify the other within seven (7) days if such insurance is changed, cancelled or revoked. SECTION VI. JOINT E EW OF HOSPICE SERVICES The Hospice and The Home each agree to cooperate with each other in reviewing the quality and appropriateness of Hospice services rendered in The Home. To this end, The Home and Hospice will each appoint three persons who will constitute a Liaison Committee which will meet, when appropriate, to review working relationships between Hospice and The Home, to discussservices rendered to residents who are Hospice patients, and to make recommendations for improving the contractual agreement between the parties. Discussions and recommendations of the Liaison Committee will be considered advisory to The Home and to Hospice, and not binding upon either party. SECTION VII. PUBLIC RELATIONS Both parties shall obtain the prior written approval of the other for press releases, media advertisements, or any form of publicity or marketing which concerns thea angment between the parties. Nothing herein prevents The Home or the City of Bangor from complying with the requirements Of 1 MRSA ¢ 401 at sea., as it may be amended from time to time. SECTION VIII. COMPLIANCE WITH GOVERMWENT REGNLATIONS A. The Home as a Place of Residence This Agreement is entered into with the understanding that The Home constitutes, for the purpose of complying with Hospice admission criteria, the eligible individual's place of residence. Because The Home provides support and services to residents which otherwise may be provided by families, Hospice agrees to accept residency in The Home as satisfying Hospice admission requirementg that a patient live at home and have a primary caregiver. To that end, Hospice will admit eligible residents who execute, as part of 95-152 Page 7 the Hospice admission process, a "Request For The Provision Of Hospice Home Care Services to a Nursing Hoa Resident", a copy of which isappended to the Agreement as Appendix D and, by reference, is madea part hereof. The obligation of Hospice to continue to provide Hospice home care services to the resident of The Home is contingent upon the resident continuing to fulfill Hospice admission criteria, including the determination by the US Health Care Financing Administration that The Home is considered the patient's home residence. B. verification of Nature and Cost of Services If services purchased by Hospice from The Home under this Agreement have a aggregate cost of $10,000 or more o a 12 month period, The Home shall, until the expiration of four years after furnishing of such services, make available upon written request by the Secretary of Health and Human Services or upon the written request of the Comptroller General of the United States orby any of the Secretary's or Comptroller General's duly authorized representatives, this Agreement, the books, documents and records of The Home that are necessary to verify the nature and extent of this Agreement. If and to the extent that The Home provides services purchased by Hospice under this Agreement through a subcontact, with an aggregate value or cost of $10,000 or more over a 12 month period, with a related organization, such a contract shall contain clause to the effect that until the expiration of four years after the furnishing of such se s pursuant to such subcontract, the related organization shallakeeavailable, upon written request by the Secretary of the Department of Health and Human Services or upon the written request of the Comptroller General of the United States, or by any of the Secretary's or Comptroller General's duly authorized representatives, the subcontract, books, documents and cords of such organization that are necessary to verify the nature and extent of the costs of the services provided under this Agreement. C. APPLICABLE LAN This Agreement shall be governed by and construed in accordance with the laws of the State of Maine, and Public Law 9'!248. 1y tl[yli p)��4:4�,Yn aafnai •n am J:la ai n:�Y This Agreement shall b, in force and effect from the time of signing of this agreement until it is renounced by either party by giving thirty. (30) days prior written notice to the other party. 95-152 Page 8 SECTION X. INDEMNIFICATION AND LIMIT OF LIABILITY Hospice shall not be liable under contract of obligations of The Home, except as otherwise provided pursuant to this Agreement, r for any act or omission of The Home or The Home's officers, employees, or agents. The Home agrees to indemnify and hold harmless Hospice from any and all losses, damages, costs and expenses (including reasonable attorney's fees) that are caused by ariseor out of any omission, fault, negligence o other misconduct by The Home, its employees, independent contractors or volunteers in connection with this Agreement. It is understood and agreed that nothing in this paragraph shall be deemed to waive any immunities or limitations on liability otherwise applicable to The Home under the Maine Tort Claims Act, 14 MRSA 5 8101 at or other provisions of law, and that The Home's obligation to indemnify Hospice under this paragraph shall be subject to all immunities and limitations on liability provided in such statutes. The Home shall not be liable under any contracts or obligations of Hospice, axcept a otherwise provided pursuant to this Agreement, or for any act or omission of Hospice or Hospice's officers, employees or agents.Notwithstanding any charitable or other immunity from liability or suit under 14 MRSA S 158-A; 24 MRSA § 2904, the Maine Workers Compensation Act of 1992, 39-A MRSA 5 101 eatggq, other statutes, or at common law, Hospice agrees to indemnify and hold harmless The Home for any and all losses, damages, costs and expenses (including reasonable attorney's fees) that are caused by or arise out of any omission, fault, negligence or other misconduct by Hospice, its employees, independent contractors or volunteers in connection with this Agreement It is understood that both parties to this Agreement are independent entities. Neither party is, or is to be considered as, the agent of the other party for any purposes whatsoever. Neither party has authority to enter into contract or assume any obligations for the other party or make any warranties o representations on behalf of the other party.Nothing in this Agreement shall be construed to establish a relationship of co-partners or joint venture between the two parties. IN WITNESS WHEREOF, the parties hereunto have executed this agreement on the day of March, 1995. Hospice Signature Title City Manager The Home Signature Title Printed Name, Edward A Barrett 1.\595 1) HOSPICE ROUTINE HOME CARE 95-152 Based upon the needs of the patient and family as determined by the Hospice and documented in the patient's Plan of Care and Interdisciplinary Record of Care, the following services related to the management of the terminal illness will be provided to eligible residents, as needed. 1. Home visits by registered nurses. 2. Home visits by licensed practical nurses or licensed vocational nurses. 3. Home visits by social workers. Home visits by'chaplains. 5.. Home visits by home health aides or homemakers. 6.- Home visite by volunteers - 7. Prescription drugs specifically delineated in the Plan of Care as being related to the Hospice's palliative management of the patient's terminal illness. S. Durable medical equipment. 9. Nutritional counseling and meal planning. 10. Speech therapy. 11. Ostomy therapy. 12. Occupational therapy. 13. Respiratory therapy. 14. Family counseling services to family members during the time the patient is receiving Hospice care. 15. Bereavement care and counseling for family members for as long as one year following the patient's death. 95-152 aR3S'TSiill HOSPICE ADMISSION CRITERIA Admission to the Hospice Program of care is dependent o patient and family needs and their expressed request for care. The concern of those seeking assistance in coping with terminal disease isnot only whether they can find appropriate care, but also whether they will have any Control over the care that is given. For some patients and their families, high-risk, high technology institutionalized types of therapies are the only forms of treatment they will accept, even when cure is increasingly leas likely. For such patients, admission to the HospiceProgram with its emphasis on the appropriate use of technology, highly personalized palliative care, and with its acceptance of the inevitability of death may be stressful, inappropriate and poorly received. Therefore, the Hospice Program requires the patient and the family to sign a seatement of informed consent and request and approval for care, containing the following components: 1. The patient/family understands the Hospice concept of care as being palliative and not curative in its goals. 2. The patient/family understands the Hospice concept of care as requiring the active participation of the family, if any, as regiving members of the Hospice team consistent with the capabilities of the family. 3. The terminal prognosis of six months or lees is validated by the Hospice physician. 4. An appropriate primary care person is available. The importance of the primary care person is discussed with the patient/family. S. The patient/family live in the service area. 6. Race, creed, color, religion, sex, sexual orientation, age or national origin shall not be used as criteria for admission. S. In no case shall a patient/family be admitted to the Hospice Program without the prior consent of the patient's personal physician, if any, as named by the patient and/or family. 8. Final determination of eligibility for admission is made by the Hospice. 9. The patient/family understands that the Hospice retains responsibility for determining the appropriate location for treatment. 95-152 10. Patients/families at St. Joseph Hospital admitted to the Hospice Program are provided care at home or based on their needs as identified in the interdisciplinary plan of care, irrespective of their ability to pay. 11. To the extent admission to The Home is an issue for any particular hospice patient, said admissions shall be pursuant to and in accordance with the City of Bangor's policy, in effect at the time, regarding admissions to The Home. A copy of the current admissions policy is attached and incorporated herein as exhibit 1. The Hospice will be furnished copies of any changes to said policy within 7 days of the change. "' 95-152 BANGOR CITY NURSING FACILITY ADMIBUIONS POLICIES AND PROCEDURES It is the philosophy of Bangor City Nursing Facility to provide optimum quality nursing care to the residents of Bangor. Priority for admission will be given to Bangor residents, with Bangor residents on Medicare skilled level having first priority. Nan -Bangor residents may be admitted when occupancy falls below 98% and there are no Bangor residents awaiting admission. In order to provide short term skilled rehabilitation services to the community, the facility aims to keep beds designated forshort term rehabilitation admissions. A person with apunicable disease, that would be a s health r threat to current residents and staff, may not be considered for ad- mission. Each case will be considered on an individual basis to deter- mine the seriousness of the risk to other residents and to determine if reasonable accomodations could be made. It is the policy of the Bangor City Nursing Facility to admit patients without regard for race, color, creed, sex (except for constraints placed by potential recasts), national origin, or source of payment. In order to insure that all residents receive r the quality of care which r their clinical condition warrants, Bangor City Nursing Facility needs to r consider various factors in determining whether persons requesting ad- ocan beuadequately cared for. The following procedures a in place tofulfill Bangor City Nursing Facility's goal of providing quality nursing cac e in accordance with the needs of its patients and assuring that Its patientslive with dignity and comfort in and en- vironment conclusive to their psycho -social needs. All referrals for admission are initially screened by the Social Service Caseworker and the Director of Nursing for level of care, nursing care Beds and residency. The n of those who meet all criteria for ad- missions s r e placed on the waiting list. Their n and date of referral eplaced in a bound book. Further information such as address, next of kin, the diagnosis etc. will be kept in a separate file. When a bed becomes available, those an the waiting list are reviewed by the Admissions Committee consisting of the Administrator, Director of Nursing, Social Caseworker and the Accounts Clerk. A nursing assessment will be made by the Nursing Director. The Admission Committee shall determine whether the potential patient has a currently available source of payment to cover the cost of care at the Bangor City Nursing Facility. The particular source of payment will not be a factor in determining eligibility for admission. However, a source of payment must be verified. 95-152 Admissions policies and procedures continued: Potential patients who cannot demonstrate any available source of pay- ment will not be considered for admission. The potential patient who n has a applicationfor Title XIX (Medicaid) reimbursement pending shall not be considered as having an available source of payment until such time as they are determined to be eligible for Title XIX assistance by the Department of Income Maintenance. When a nursing assessment i completed and a of payment has been ours ssessm s c source usinihetl the Admission Committee will then review the application usingg the following criteria: Residency Behavior Status Levet of Care Communicable. Disease Nursing Needs: Therapy: P.T. - O.T. - Speech All. Status Guardianship Mobility Current Placement 8 Degree of Need Continency Compatability with Potential Roonate Tube Feeding Date of Referral Tracheostomy Major Dressing Decubiti Other The committee will then determine whether the level of services required by the applicant can be supplied by Bangor City Nursing Facility at that time and whether the level of services required by the applicant can be offered without so diluting thea r of the facility that the the quality of care rendered to existing residents will be jeopardized. In making that determination, the cmmittee will consider LM1e resources, personnel and equipment available at the facility and the nursing, medical and psycho -social needs of the applicant. 95-152 APPENDS% C Listing of Services and Items to be Purchased, as Needed, by The Hospice from The Home. Item/Service Unit Price Authorized for Purchase The Hospice shall provide to The Home a list of those persons authorized to purchase or order items and services related to the management of a patient's terminal illness. Billing and Payment The Home shall bill The Hospice on a monthly basis for all items and services purchased from The Home by The Hospice. The Hospice shall only be liable for payment for those items and services specifically ordered by an authorized representative of The Hospice. The Hospice shall pay The Home, based on an itemized billing as requested by The Hospice, for all such ordered items and services within sixty (so) days after receiving such billing from The Home. 95-152 APPENDS% D Request for the Provision of Hospice Home Care Services to a Nursing Home Resident I,sident of the Bangor City Nursing Facility (The Home), hereby request admission to the Hospice Program of Care based upon my understanding and that of the Hospice that The Home is considered to be my place of residence. Because The Home provides support andservices to me that otherwise would be provided by my family, I have requested that my residency at The Home be considered by The Hospice a satisfying the Hospice admission criterion that I live at home and have a primary caregiver. Should the US Health Care Financing Administration now, or in the future, determine that The Home is nol considered my place of residence for the provision of routine home care then I understand that I will no longer meet The Hospice admission criteria of living in my home with a primary caregiver. In such circumstances, I understand and agree that I may be discharged from the Hospice program of care immediately upon such a determination by the US Health Care Financing Administration. Signature of Patient Date Signature of The Home Representative Date Signature of Hospice Director Date Date Date