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HomeMy WebLinkAboutUniversity Hospital Augusta Richmond GA DOCUMENT NAME: Un ,- v.e-vf "1; f/o 5/)/' b..../ DOCUMENT TYPE: 0.. 9 ye.f-i'r-U'l- f YEAR: I ~ q t./ BOX NUMBER: '1 FILE NUMBER: ) 2- S-- Y3 NUMBER OF PAGES: )~ ~ -. AMENDMENT TO AGREEMENTS This AMENDMENT to ~e Agreements (as hereinafter defined) is entered into this /~- day of December, 1994, by and between Richmond County (hereinafter referred to as the "County") and University Health Services, Inc. d/b/a University Hospital (hereinafter referred to as "University"), upon the terms and-- conditions set forth below. .~'\. . WIT N E SSE T H: WHEREAS, County and University have previously entered into those certain agreements dated February I, 1966, September 20, 1977, October I, 1977 and January 10, 1985 (hereinafter sometimes collecti vely referred to as the "Agreements"),' each setting forth the arrangement by which University will provide certain health care services to the indigent residents of Richmond County; and WHEREAS, County and University have previously entered into that certain agreement dated September 23, 1971, setting forth the arrangement by which University will provide ambulance service to the indigent residents of Richmond County; and WHEREAS, certain disputes have arisen between County and University as to billing and other practices performed under the Agreements; and WHEREAS, County and University desire to amend the Agreements; NOW, THEREFORE, for and in consideration of the promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as follows. Section I. TERM OF AMENDMENT This Amendment shall be for a term beginning January 1, 1995 and continuing until' the termination date provided by the Agreements of January 31, 1996. 1 . Section II. PRACTICES FOR CALENDAR YEAR 1994 Notwithstanding any provision(s) in the Agreements to the contrary, County and University agree to the following terms and conditions for the providing or cer~ain health care services to the indigent residents of Richmond County by University for the calendar year 1994: A. provision of Services University covenants and agrees that it has provided and will continue to provide for the remainder of 1994, to the cer~ified indigent residen~s or Richmond County, all health care services usually and customarily provided by it, including emergency room, outpatien~ clinic, inpatient and physician services (so long as such services are covered by this Amendment as outlined below), in a promp~ and proper manner consistent with professional standards and all applicable laws and regulations. University further covenants and agrees to provide said services to said patients in the same manner and quality as provided to other patients of University. It is understood that University customarily provides physician services only in a limited number of specialties, and only to a limited extent in those specialities. Nothing in this Amendment is intended to or shall have the effect of expanding University's obligation to provide services to certified indigents beyond those services provided on January 1, 1994. B. Certification or Residency County only agrees to pay for Covered Health Care Services (as defined in Section III.D. below) provided to indigents who are certified as residents of the County. University agrees to provide to the County the names and addresses of all patients treated as indigent residents of the County in the calendar year of 1994. On a case by case basis, University will furnish the County additional demographic data in University's possession to permit the County to verify said patient's residency. County shall not revoke a residency certification of any person who was living in the County for six months or longer on the date of service if such residence is confirmed by one of the methods set forth at III.B. C. Certification of Indiqency County only agrees to pay for Covered Health Care Services provided to residents of the County who are certified as indigent. University agrees to certify to the County the indigent status of all patients for whom payment from the County under the Agreements and this Amendment is sought for the calendar year 1994 (except as provided in Section I.D. below). 2 1. As a preliminary matter, such certification shall conr1rm that each said patient is with respect to the Covered Health Care Service "self-pay", that is a. does no~ have valid health 1nsurance and/or medical payments coverage; b. does not have Medicare or Medicaid 1nsurance coverage; and c. does not have worker's compensation coverage. 2. Such certification shall further state that each said patient 1S "indigent" by virtue of being either: a. a recipient or a minor child of a recipient of food stamps in 1994 (as determined by records of the Department of Family and Children Services ("DFACS") recipients are deemed to be 100% indigent; or b. a holder of valid and current clinic card (issued by either University or DFACS) setting forth a level of indigency qualification. 3. Patients who are "self-pay indigents" as provided herein and are certified as residents of Richmond County shall be deemed "certified" for.purposes of this Section II. D. Payment by County County shall be responsible for payment within thirty days of receipt of a bill for Covered Health Care Services provided by University pursuant to the Agreements and this Amendment as follows: 1. Emergency Room a. For all "certified" indigent residents, County agrees to pay the "cost" for all Covered Health Care Services provided in University's emergency Room, including services provided by physicians either salaried by or under contract with University, less, where applicable, the amount of patient payment required by the patient's indigency level classification whether or not the patient makes the payment. As to Covered Health Care Services including physician services, "cost" means the product of charges for such services multiplied by the 1993 Medicare cost-to-charge ratio. b. Realizing that this certification process set forth in Section II.C. above is being applied retroactively, County agrees to pay the portion of costs (costs, for the purposes of this subsection, equalling the charges by University multiplied by the Medicare cost-to-charge ratio) for 3 all non-certified "self-pay" residents, proven uncollectible (as of November 27, 1994) through normal collection processes from non-certified "self-pay" residents who received Emergency Room care during the period from March 21 to May 15, 1994. 2. Outoatient Clinic a. cor all "certified" indigent residents, County agrees to pay the "cost" for all Covered Health Care Services provided in University's Outpatient Clinics, including services provided by physicians either salaried by or under contract with Universlty, less, where applicable, the amount of patient payment required by the patient's clinic card classification whether or not the patient makes the payment. As to Covered Health Care Services, "cost" means the product of charges for such services including physician services multiplied by the 1993 Medicare cost-~o-charge ratio. b. Realizing that this certification process set forth in Section II.C. above is being applied retroactively, County agrees to pay the portion of costs (costs, for the purposes of this subsection, equalling the charges by University multiplied by the Medicare cost-to-charge ratio) for all non-certified "self-pay" residents, proven uncollectible (as of November 27, 1994) through normal collection processes from non-certified 'self-pay" residents who received Outpatient Clinic care during the period from March 21 to May 15, 1994. 3. Inpatient a. For all "certified" indigent residents, County agrees to pay "charges" for services provided to such patients as provided for in the September 20, 1977 Agreement; provided, however, that any inpatient procedure for which the County has previously refused payment as non-covered may be reevaluated according to the guidelines for covered and non- covered services set forth in Section 111.0. hereof. In.~ addition, 23-hour observation admissions, ambulatory and minor surgery admissions and physicians' fees (for physicians either salaried by or under contract with University, and calculated..in accordance with CPT-4 Billing Codes) shall be considered covered services. b. Realizing that this certification process set forth in Section II,C. above is being applied retroactively, County agrees to pay the portion of charges for all non-certified "self-pay" residents proven uncollectible (as of November 27, 1994) through normal collection processes from "self-pay" residents who received inpatient care during the period from March 21 to May 15, 1994, 4 4. Cap on Payments Regardless of actual costs and/or charges incurred and billed under this Section II" in no event and under no circumstances shall County payor be required to pay in excess of $3.5 million (hereinafter refer=ed to as the "Cap") for Covered Health Care Services rendered pursuant to the Agreements and this Amendment for the calendar year 1994 for either emergency room, outpatient clinic, and/or inpatient care. The parties recognize and agree that County has as or ~he date of this Amendment paid University $716,443 of the Cap. E. Review or 1994 Billinqs The parties agree that County (or its designated agent) shall be allowed to review all billings by University to the County for the calendar year 1994 and that University shall furnish to County (or its designated agent) all documents and materials necessary for County to complete said review. Unless County requests in writing additional specific documents, County shall be deemed to have received all necessary documents and materials thirty days after receipt of the bill for December, 1994 services. County shall have 90 days from the later of the receipt of the bill for December, 1994 services or its receipt of specifically requested additional billings, documents and materials to complete its review, After said 90 day period, all such bills shall be final and uncontestable, except as limited by the Cap. The payment of bills shall not be delayed by review under this section. F. Credits to COUnty With respect to any particular 1994 account upon which the County made a payment, County shall be entitled to a credit, to the extent of its payment on a particular patient account, on its next billing, for the following: 1. to the extent of University's recovery under any lien imposed under Georgia law; revoked. - 2. to the extent any indigent certification lS Credits under this section shall not reduce the Cap. j Section III. PRACTICES FROM JANUARY 1, 1995 TO JANUARY 31, 1996 Notwithstanding any provision(s) In the Agreements to the contrary, County and University agree to the following terms and conditions for the providing of certain Covered Health Care Services to the indigent residents of Richmond County beginning January 1, 1995 and continuing until January 31, 1996: A. provision of Services University covenants and agrees to provide to the certified indigent residents of Richmond County all Covered Health Care Services (as defined in Section III.D. below) usually and customarily provided by it, including emergency room, outpatient clinic, inpatient and physician services, in a prompt and proper manner consistent with professional standards and all applicable laws and regulations. University further covenants and agrees to provide said services to said patients in the same manner and quality as provided to other patients of University. It is understood that University customarily provides physician services only in a limited number of specialties, and only to a limited extent in those specialities. Nothing in this Amendment is intended to or shall have the effect of expanding University'S obligation to provide services to certified indigents beyond those services provided on January 1, 1994. University reserves the right to deny services to any patient who engages in dangerous or disruptive behavior. B. Certification of Residencv In order to receive Covered Health Care Services (as hereinafter defined), a patient or responsible household member must have been a resident of Richmond County for at least six (6) consecutive months prior to the date Covered Covered Health Care Services are sought. Responsible household members are persons legally married (whether by ceremony or common-law) or living in a domestic relationship, and the legally responsible parents or guardians of children under the age of 18. If there is doubt as to who are the legally responsible parents of children under the age of 18, a copy of the child's birth certificate shall be required to verify parentage. Residency must be confirmed by at least one (1) of the following: 1. rent receipts for a period of six (6) consecutive months, a lease, or a statement by a rental agency or established real estate business that the patient has resided in the County for at least 6 months; 6 2. a valid Georgia driver's license showing an examination date at least 6 months old and a Richmond County address; 3. employment check stubs showing the patient's (or a responsible household member's) address during the preceding 6-month period, or a statement from the patient's (or a responsible household member's) employer attesting to residence in Richmond County; 4. utility bills or payment stubs (at least one of which is current and at least one of which is between 6 and 12 months old) In the patient or a responsible household member's name; 5. a telephone book or city directly listing showing the patient's or responsible household member's name; 6. a voter registration card issued at least 6 months before and showing a Richmond County polling place; 7.. attestations of residency (in the form of affidavits) for at least 6 months from the patient and two other people, one of whom must be a minister with a Richmond County congregation or the director of a private relief organization such as the Salvation Army; 8. a letter from DFACS verifying receipt of food stamps from Richmond County DFACS; or 9. a currently valid University certification card issued under Section B.S. below. No bill for a patient whose residency cannot be certified according to the above requirements shall be submitted to, or paid by, the County. University agrees to notify the County immedia~ely should it receive information that any certification is in error, or that any patient is attempting to certify residency falsely. C. Certification of Indiqencv In order to receive Covered Health Care Services (as hereinafter defined) each patient must be certified as indigent according to this Amendment. As a preliminary matter, such certification shall confirm that each said patient is with respect to the Covered Health Care Service "self-pay", that lS a. does not have valid health insurance and/or medical payments coverage; 7 b. does not have Medicare or Medicaid lnsurance coverage; and c, does not have worker's compensation coverage. Unless otherwise disqualified, a patient will be certified as indigent under this Amendment if the sum of his/her gross income plus other responsible household members' gross income(s), is equal to or less than that listed in the attached income scale (based upon the Federal Poverty Guidelines) for the applicable household size. The attached income scale shall be amended January 1 of each calendar year in order to correspond with the then current Federal Poverty Guidelines. For purposes of this section, responsible household members' gross income includes the gross income of any dependent children. For purposes of this section, any child (regardless of age) who is or could be claimed as a dependent on his/her parent's income tax return will be considered for indigency certification according to his/her parent's gross income (with respect to a minor with an absent parent who is not providing support to that minor, the minor shall not be considered as having income from that absent parent), 1. Determination of Gross Income For purposes of this section, gross income means any and all income before deductions, and includes the following: a. wages and salaries before any deductions; b. recelpts from self-employment before any deductions, or from an owned farm or business after farm and business deductions; c. public assistance in any form; d. social security payments; e. supplemental security income (881); f. unemployment compensation; g. worker$' compensation payments; h. veterans's benefits; l. training stipends; J. alimony payments; k. child support payments; 1. military family allotments; m. regular support from absent family members or persons not living in the household; n. government employee pensions; o. private pensions; p. insurance benefits paid on a regular, annuity-like basis; q, r. lncome form estates annuity payments; dividends, interests, and trusts; rents, royalties, 8 s. t. disposable spending living expenses), unlon payments or assistance of any kind; and any other form of income which results in ability (such as student loans used for ""I L. . Verification of Gross Income Gross lncome shall be verified as follows: a. Possession of a currently valid Outpatient Clinic card issued under Section a,5 below; or b, For food stamp recipients, gross income shall be determined from -DFACS records (unless such records are more thgn 12 months old); or c. For other than food stamp recipients (or for those whose DFACS records are more than 12 months old), gross income shall be determined from federal and/or state income tax returns for the immediately preceding year for the patient and all responsible household members and with all children (except those born after the end of the last tax year) accounted for as dependents, with adjustments made to bring figures current; or d. Where income tax returns are not available, the patient and all responsible household members shall be required to disclose under oath all income (as defined in this Section III.C.) received in the last 8 weeks from all sources. University shall require patients to authorize DFACS to access their income records from the computer records of the Georgia Department of Labor. Any patient refusing to provide such a~thorization shall not be certified as indigent. Within seven days of its receipt of the authorization, DFACS will notify University if the DOL income exceeds the patient's certified indigency level. 3. Resources Once a patient's income is determined, DFACS shall determine the resources of that patient. Any patient whose total resources exceed $1,500.00 shall not be certified as indigent; provided, however, that in the event said patient's resources later fall below $1,500.00, said patient may reapply for indigent certification, and said patient will be allowed to pay toward his/her billings from University for Covered Health Care Services until the $1,500.00 figure is reached. For purposes of this section, "resources" include the following: 1. real estate; 2. ,cash reserves (except that cash reserves of 9 $800.00 or less are not counted as resources); 3. automobiles (except that up to two automobiles used by the patient and/or household members for transportation to and from work will not be counted as resources); and 4. life insurance (except that the first $3,000.00 of cash value for life insurance for the patient and each responsible household member shall not be counted as resources). 4, Other Requirements and Standards for Patients a. Medicaid/SSI Unless excused in writing by DFACS, within 60 days of the issuance of a certification card as a Richmond County indigent, a patient must make a formal application through DFACS for Medicaid coverage. If a patient refuses to make such application, or if Medicaid coverage is denied due to an excess in resources, the patient's indigent certification will be retroactively revoked. If determined by DFACS to be SSI eligible, within 30 days of notification fromDFACS a patient must make a formal application through.DFACS for SSI coverage. If a patient refuses to make such application, or if SSI coverage is denied due to an excess in resources, the patient's indigent certification will be revoked retroactive to the date of notification to apply for SSI. In the event an application for either Medicaid or SSI coverage is denied due to procedural grounds (including, but not limited to the patient's failure to cooperate in the application process), the patient's indigent certification will be retroactively revoked. b. Unemployment Any patient or responsible household member claiming to be unemployed must produce evidence of disability or verification from the Georgia Department of Labor that he/she has registered with them and has received an Employment Application Card and is active in the "Peach Program~; provided, however, that this subsection does not apply to adults legally responsible for the care of young children or a disabled individual. c. Food Stamps If determined by DFACS to be eligible for food stamps, within 30 days of notification from DFACS, a patient must make a formal application through DFACS for food stamps. If a patient refuses to make such application, or if food stamp eligibility lS denied due to an excess in resources, the patient's indigent certification will be revoked. Further, if an application for food stamps is denied due to procedural grounds (including, but 10 not limited to the patient's failure to cooperate in the application process), the patient's indigent certification will be revoked retroactive to the date of notification to apply for food stamps. d. Records Unless a lOllger period is specified, patients must provide any information requested in connection with the certification and billing process within ten (10) business days of request. Failure to do so shall result in a denial of indigent certification or revocation retroactive to the date of the request. 5. Certification Process All certification cards are to be issued by DFACS. Cards are valid for any covered service event ending 60 days immediately preceding issuance and for the 12 month period after issuance, Cards must be reissued at least every 12 months. DFACS shall make all efforts to process certifications within 30 days from its receipt of a request for certification. DFACS shall station at least one employee to accept Medicaid applications at University's outpatient clinics during clinic hours. This processing time shall b~ tolled during any period within which the DFACS worker is waiting for information from the patient; provided, however, that if such information is not forthcoming in the time period specified in Section III.D. above, certification shall be denied. In the event DFACS does not process certifications in the time specified above, the patient shall be provisionally certified as 100% indigent. In the event the patient is later determined by either DFACS or the County to be less than 100% indigent, the provisional certification shall be revoked and the County shall receive a credit in accordance with Section III.H.3. below. The application for indigency shall not require more than a sixth grade education to complete, and shall not be longer than 1 page in length. DFACS shall keep University apprised of the name, address and telephone number provided by each patient seeking certification as indigent. University reserves the right to assist patients in the certification process when deemed necessary. DFACS shall notify University when an applicant has only 3 business days remaining before possible denial of certification under Section III.C. 4 above. 6. Appeals Process Patients denied indigent certification, who seek a higher 11 certification level, or whose indigent certification is revoked, may appeal such determinations to the Director of DFACS. Such appeal must be in writing and submitted to said Director no more than 30 days after the date of denial or revocation. The Director shall make his determination on the issue and submit it to the Appeals Board for final approval or disapproval. If the denial, lower certification level, or revocation is overturned, all Covered Covered Health Care Services from 60 days prior to the submission of the original request for certification shall be covered under the indigent certification. D. Non-Covered Health Care Services Only those Covered Health Care Services which are medically necessary are to be provided to certified indigent residents of Richmond County pursuant to the Agreements and this Amendment. The following Covered Health Care Services are not covered and shall not be paid for by the County: 1. Inpatient and outpatient services and/or procedures not covered by the Georgia Medicaid program or the federal Medicaid program; provided, however, that outpatient prescription medicines dispensed by University'S pharmacy are covered. ? Services provided on an inpatient basis which are routinely provided on an outpatient basis; provided, however, that inpatient diagnostic procedures will be covered when performed in conjunction with treatment requiring an inpatient admission or a 23-hour observation admission. 3. Cosmetic surgery; provided, however, that reconstructive surgery is a covered service. 4. Physician fees; provided, however, that the fees of physicians who are salaried by or under contract with university are covered. 5. Ambulance and other transport serVlces. 6. Abortions; provided, however, that an abortion performed when the mother's life is in danger is covered. 7. Home Health Care Services; provided, however, that when a physician states in writing that the providing of Home .Health Care Services are necessary to avoid an inpatient admission or to avoid extending an inpatient admission, those services will be covered. 8. Any serVlce rendered more than 6 months' prlor to a patient's initial request for certification. 12 E. Non-Covered Patients The individuals listed below are not eligible for indigent care payments by the County: 1. Any person receiving Cancer State Aid except when program runds are exhausted as to that person. 2. Any veteran eligible for Veterans' Administration assistance; provided, however, that DFACS must establish non-eligibility Hith some evidence beyond veteran status and a disability pension of 50% or less. 3. Any member of the military or any military member's dependent(s). 4. Any person not a resident or Richmond CountYi provided, however, that the coverage of a person while a resident who later moves away, is not affected by this provision. 5. Any person who, within the last 3 years, was convicted of welfare fraud, entered into a disqualification consent agreement, was determined at an administrative hearing to have committed an intentional welfare program violation, or who waived a disqualification hearing with respect to a charge of welfare fraud or intentional program violation. 6. Any college student who is covered under his/her parent's insurance coverage; 7. Any transient worker, such as a construction or agricultural worker, who is domiciled outside of Richmond County. 8. Any resident of a public institution. 9. Any individual domiciled outside Richmond Count who is present in Richmond County due to participation in a halfway house program or other rehabilitation program. 10. Any illegal alien or illegal immigrant. 11. Any patient who initiates a lawsuit to establish SSI disability; provided, however, that the initiation of such a lawsuit only suspends coverage as an indigent until resolution of the lawsuit, at which time those services not 6therwise paid for by Medicare or Medicaid may be paid for by the County. 13 F, Payments by Patient A certified indigent resident or Richmond County is required so make payments toward his/her bill in accordance with the provisions of the September 20, 1977 Agreement; however, a failure to make payments will not disqualify the resident. After the Cap for, as applicable, 1995 or 1996 is reached, University shall have the right to pursue collection from the patients of the account balance without regard to any write down of charges to costs. G. Payments by County County shall not be responsible ror the payment of any costs and/or charges for any person not certified as an indigent resident of Richmond County in accordance with the Agreements and this Amendment. For all "cer-tified", indigent residents of Richmond County, County shall be responsible for payment within thirty days of receipt of a bill for Covered Health Care Services provided by University pursuant to the Agreements and this Amendment as follows: 1. Emergency Room For all certified indigent residents, County agrees to pay the "cost" for all Covered Health Care Services provided in University's Emergency Room, including services provided by physicians either salaried by or under contract with University, less, where applicable, the amount of patient payment required by the patient's certification level whether or not the patient makes the payment. As to Covered Health Care Services, "cost" means the product of charges for such services multiplied by the 1994 Medicare cost-to-charge ratio, or until it is available, the 1993 Medicare cost-to-charge ratio. As to physicians' services, "cost" means the physicians' fees as determined by CPT-4 billing codes and Medicaid fee schedule. 2. Outpatient Clinic For all certified_indigent residents, County agrees to pay the "cost" for all Cov~red Health Care Services provided in University's Outpatient Clinics, including services provided by physicians either salaried by or under contract with University, less, where applicable, the amount of patient payment required by the patient's certification level whether or not the patient makes the payment. As to Covered Health Care Services, "cost" means the product of charges for such services multiplied by the 1994 Medicare cost-to-charge ratio, or until it is available, the 1993 Medicare cost-to-charge ratio. As to physicians' services, 14 "cost" means the physicians' fees as determined by CPT-4 billing codes and Medicaid fee schedule. 3. Inpatient For all certified indigent residents, County agrees to pay "charges" for Covered Health Care Services provided on an inpatient basis, including services provided by physicians either salaried by or under contract with University, less, where applicable, the amount of patient payment required by the patient's clinic card classification whether or not the patient makes any payment. For purposes of this section, "charges" means the normal and customary charges imposed by University for such services, without the application of a cost-to-charge ratio. 4, Cap on Payments Regardless of actual costs and/or charges incurred and billed under this Section III" unless subsequently modified by the County, County shall not payor be required to pay in excess of $2.5 million (hereinafter referred to as the "Cap") for Covered Health Care Services rendered pursuant to the Agreements and this Amendment for the calendar year 1995, or in excess of $208,333 for January, 1996 services, either for emergency room, outpatient, and/or inpatient care. H. Credits to County University agrees to continue its collection efforts on all unpaid bills for which the County is entitled to a credit under the Agreements and this Amendment. County is entitled to a credit, to the extent of its payment on a particular patient account, on its next billing, as follows: 1. to the extent of University's recovery under any lien imposed under Georgia law; 2. to the extent any indigent certification is revoked for any reason, or is denied after Covered Health Care Services are provided; and 3. to the extent University collects more from a certified patient than that patient's liability under the patient's certification level. I. Billinqs to County 1. University's billings to the County shall contain the following information: 15 ~ a. Name of patient; address of each patient; date of each service; CPT code for each outpatient service or the ICD-9 code for inpatient service; the charge for each service; and, the County liability for each serVlce b. A summary by area (ER, Clinic, inpatient or outpatient) which includes total charges, total County liability, applicable cost to charge ratio, credits by type, and errors or omissions discovered during the billing period related to prior bills c. A list of the current certified indigent care card holders d. A statement signed by University's CFO and Administrator that the billings comply with the Agreements and Amendment and that for 1994 billings only include "self-pay" patients and for 1995 and 1996 billings only include individuals certified by DFACS J ~ . University shall provide County the following: a. University's Medicare Cost Report as of January 1, 1994 and all subsequent changes thereto b. Upon request, University will provide access to its charge master as of January 1, 1994 and all subsequent changes thereto. The County shall hold the charge master in strict confidence and will not redisclose charge master information 3. University shall provide County within a reasonable time after a request for a specific account information, the payment detail of any account upon which County made a payment during 1994, 1995 or 1996 J. Review of 1995 and Januarv, 1996 Billinqs The parties agree that County (or its designated agent) shall be allowed to review all billings by University to the County for the calendar year 1995 and January, 1996 and that University shall furnish to County (or its designated agent) all documents and materials necessary for County to complete said review. Unless County requests in writing additional specific 16 ~ documents, County shall be deemed to have received all necessary documents and materials thirty days after receipt of each bill. County shall have 90 days from the later of the receipt of each bill or its receipt of specifically requested additional billings, documents and materials to complete its review. After said 90 day period, the bills shall be final and uncontestable, except as limited by the Cap. The payment of bills shall not be delayed by review under this section. IV. AMBULANCE SERVICES No charges shall be made by university to the County under the Agreements or this Amendment with regard to ambulance serVlce provided by University to certified indigent residents of Richmond County. All aspects of such ambulance services shall be covered by and under the Agreement for ambulance services dated September 23, 1971. VI. MISCELLANEOUS PROVISIONS A. Amendment The Agreements and this Amendment may be amended only by the express written consent and agreement of both parties hereto. B. Sole Aqreement The Agreements and this Amendment represent the entire agreement between the parties hereto and supersedes any and all previous written and/or oral agreements or understandings. In the case of conflicts between this Amendment and the Agreements, this Amendment shall control. C. Governino Law This Agreement shall be governed by and construed In accordance with the laws of the State of Georgia. D. Severability In the event any provision of this Agreement is rendered invalid or unenforceable under any law or regulation, or declared null and void by any court of competent jurisdiction, the remainder of the provisions of this Agreement shall, subject to this paragraph, remain in full force and effect. E. Waiver Waiver of a breach of any provision of this Agreement shall not be deemed a waiver of any other breach of the same or different provisions. 17 . "#0 " F. Notices Any notice to be given hereunder by one party to the other shall be effected in writing and may be delivered either by certified U.S. mail with return receipt requested, by regular U.S. mail, properly addressed and postage prepaid, by overnight mail or by hand-delivery to the addresses listed below. Any party may change its address below by written notice given in accordance with this Section. Notices delivered personally shall be deemed received upon actual receipt. Notices mailed shall be deemed received no later than two (2) united States Postal Service business days after the date of such mailing. To University: University Health Services, Inc. Vice President for Finance John G. Calhoun 1350 Walton Way Augusta, Georgia 30901-2629 To County: Richmond County Board of Commissioners c/o James B. Wall, County Attorney Post Office Box 2125 Augusta, Georgia 30901 IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day first above written. RICHMOND COUNTY BOARD OF COMMISSIONER ~ By: Title: UNIVERSITY HEALTH SERVICES, INC. d/b/a UNIVERSITY HOSPITAL . By: ~~ A Donald C. Bray ~ j . ~ Title: president ~~ tJ1TlVr:i.SS ~ (j). 18