The URL can be used to link to this page

Home My WebLink AboutAGMT - AHMC Anaheim Regional Medical Center (Evidence Collection Services for Alleged Sexual Assault Victims)0! FAI AHMC Anaheim Regional Medical Center AHMC Healthcare March 2, 2017 Seal Beach Police Department Commander Joe Miller 911 Seal Beach Blvd Seal Beach, CA 90740 -5601 Subject: Agreement for Evidence Collection Services for Alleged Sexual Assault Victims Commander Joe Miller, Enclosed is the updated agreement for Evidence Collection Services for Alleged Sexual Assault Victims with AHMC Anaheim Regional Medical Center. Over the past 7 years, we have not adjusted the hospital fee, but after evaluating the costs associated with the program we need to make an adjustment to cover expenses. We have designed a stair step method to address the cost over time. Therefore as of May 1, 2017, the rate for each SART exam will increase by $50 to a total of $800 per exam. The following year, the fee will increase again beginning on May 1, 2018, by $50 per SART Exam, totaling $850 each SART Exam. Please refer to sections 2.1 and 2.5 of the agreement that is enclosed. AHMC Anaheim Regional Medical Center, remains committed to working with local organizations and law enforcement in providing sexual assault examination services. If you have any questions about the agreement or about The Safe Place services, please contact our hospital ith the information provided below. Phyllis Y. Snoer, RN Chief Nursing Officer Administration Direct: 714.999.6084 Fax: 714.999.5242 I I I I West La Palma Avenue • Anaheim, CA 92801 -2881 • Phone: 714- 774 -1450 AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT VICTIMS THIS AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT VICTIMS (this "Agreement ") is entered into as of May 1, 2017 (the "Effective Date') between AHMC Anaheim Regional Medical Center LP, a California limited partnership d /b /a AHMC Anaheim Regional Medical Center ( "Hospital "), and Seal Beach Police Department (the "Department "), with respect to certain Sexual Assault Response Team ( "SART ") services. WHEREAS, the Department requires the collection of clinical evidence with respect to certain victims of alleged sexual assault, but does not have the capability to do so; WHEREAS, Hospital is a general acute care hospital located in Anaheim, California that maintains a specialized area for the performing of sexual assault examinations ( "SART Exams'); WHEREAS, the Department desires to engage Hospital to conduct SART Exams, and Hospital is willing to accept such engagement; NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises set forth herein, the parties agree as follows: Hospital Responsibilities and Services. 1.1. SART Exam Room. Hospital shall provide a designated exam room for SART Exams and a secure site for the colposcope and evidence, known as the "SART Exam Room" or the "Safe Place ". Hospital shall furnish, repair, and maintain the SART Exam Room in a manner consistent with its purposes as an examination area for SART services situated within an acute care hospital environment. The SART Exam Room shall remain locked when not in use by authorized SART personnel and its contents shall be organized according to SART protocols, policies, and procedures. 1.2. Examination. Hospital agrees to provide approved SART Exams to alleged sexual assault and rape victims for evidence, including videotaped colposcopic examination and photographs. SART Exams will be conducted by appropriately licensed and trained personnel competent in the use of the SART Exam equipment and the interpretation of findings. 1.3. Release of Evidence. Hospital will release all evidence collected during the SART Exam, including the videotape of the colposcopic examination and specimens, at the end of the SART Exam in accordance with all statutes and regulations, including established SART protocols and procedures, and Hospital will support the chain of custody. 1.4. Testimony. Hospital agrees to provide competent testimony as requested by the Department upon receipt of an appropriate summons or subpoena. 1.5. Hospital Registration. SART Exam patients will be registered as Hospital patients in accordance with Hospital policy for registration, in a manner that protects the privacy and confidentiality of SART Exam patients. Hospital shall utilize a unique process at registration for SART Exam patients to ensure that Hospital does not generate billing statements for SART Exam patients. 1.6. Non -SART Exam Medical Care. In the event SART Exam patients require additional treatment or services beyond the scope of the forensic medical SART Exam that is the subject of this Agreement, the patients will be registered and treated separately from the SART Exam and be subject to Hospital's normal procedures, including billing. 2. Rates: Invoice; Payment. In exchange for the SART services to be provided by Hospital pursuant to Section 1 above, the Department shall compensate Hospital as follows: 2.1. SART Exam. Eight Hundred Dollars ($800) for each SART Exam. 2.2. Dry Run. Two Hundred Dollars ($200) for each Dry Run. For purposes of this Agreement "Dry Run" means the dispatching by Hospital of a forensic nurse to conduct a SART Exam and, through no fault of Hospital, the patient changes the patient's mind, refuses to permit the SART Exam, does not want the SART Exam, or does not permit the forensic nurse to conduct the SART Exam. 2.3. Testimony. Three Hundred Fifty Dollars ($350) for testimony. 2.4. Payment. Hospital will invoice the Department on a monthly basis and the Department shall remit payment to Hospital within thirty (30) days after receipt of Hospital's invoice. 2.5. Adjustment of Rates. The Department acknowledges and agrees that Hospital is entitled to increase the rates set forth in this Section 2 at any time and from time to time as a result of increased costs to Hospital relating to services provided under this Agreement, including without limitation increases in costs to Hospital resulting from increased rates charged Hospital by forensic nurses engaged by Hospital to conduct SART Exams. Hospital will use reasonable efforts to provide the Department at least ten (10) days prior written notice of any increase in rates as provided for herein. Term; Termination. 3.1. Term. This Agreement will be for an initial term of three (3) years commencing as of the Effective Date. The term of this Agreement may be extended, but only upon mutual written agreement of the parties. 3.2. Termination. Either party may terminate this Agreement without cause at any time during the term of this Agreement by providing the other party at least thirty (30) days prior written notice of termination. 4. Indemnification. The parties each shall indemnify, defend, and hold the other party harmless from and against any and all liability, loss, damages, costs, and expenses (including reasonable attorneys' fees) caused by the negligence or wrongful acts or omissions of such indemnifying party or its employees, officers or agents. The provisions of this Section 4 shall survive the termination of this Agreement. 5. Confidentiality of Patient Information. None of the parties shall disclose any confidential patient health information to any third party, except where permitted or required by law or where the patient expressly approves such disclosure. Hospital and the Department shall comply with all federal and State laws and regulations regarding the confidentiality of such information, including without limitation the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder, the California Confidentiality of Medical Information Act, and the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, all as amended from time to time. 6. Anti - Referral Laws. Nothing in this Agreement, or any other written or oral agreement, or any consideration in connection with this Agreement, contemplates or requires, or is intended to induce, the admission or referral of any patient to or the generation of any business for Hospital or the referral of any patient to any physician. 7. Non - Discrimination. The parties will not unlawfully discriminate against any individual based on race, color, religion, nationality, gender, sexual orientation, age, condition of disability, or any other protected class. 8. Relationship Between the Parties. It is expressly understood that in the performance of this Agreement the parties each act in an independent capacity and not as partners, joint venturers, agents or any other relationship of a similar nature. 9. Severability. The parties agree and acknowledge that if any provision of this Agreement is determined to be illegal or unenforceable, such determination shall not affect the balance of this Agreement, which shall remain in full force and effect and such invalid provision shall be deemed severable. 10. Entire Agreement; Modification. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the parties relating to such subject matter. This Agreement may not be amended or modified except by mutual written agreement. 11. Counterparts. This Agreement and any amendment hereto may be executed in counterparts, and signatures exchanged by facsimile or other electronic means are effective to the same extent as original signatures. 12. Notices. All notices hereunder shall be in writing and delivered to the party to whom such notice is directed at the address, facsimile number or electronic mail address set forth on the signature page hereof. 13. Non - Exclusivity. This Agreement is not exclusive, and nothing herein shall preclude either party from contracting with any other person or entity for any purpose. [SIGNATURE PAGE FOLLOWS] (SIGNATURE PAGE TO AGREEMENT FOR EVIDENCE COLLECTION SERVICES FOR ALLEGED SEXUAL ASSAULT VICTIMS] 141 prp. -J Q fM HOSPITAL: AHMC ANAHEIM REGIONAL MEDICAL CENTER LP d /b /a AHMC Anaheim Regional Medical Center By: v Name: Richard Castro Title: Chief Executive Officer Address for Notices: AHMC Anaheim Regional Medical Center 1111 W. La Palma Ave. Anaheim, CA 92801 Attn: Richard Castro Fax:714 999 6027 Ema il:rcastroCa)ahmchealth.com DEPARTMENT: Seal Beach Police Department By: Name �I Title: G Address for Notices: 911 Seal Beach Blvd Seal Beach, CA 90740 -5601 7 4 G .SDY .A/ /T /To rtir