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1992-176-Town Manager To Sign Agreement With Community Hospital Of Los Gatos For Worker's Compensation Hospital ServicesRESOLUTION 1992 -176 RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SIGN AN AGREEMENT WITH COMMUNITY HOSPITAL OF LOS GATOS FOR WORKER'S COMPENSATION HOSPITAL SERVICES RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos enter into an agreement with Community Hospital of Los Gatos for Workers' Compensation Hospital services on the terms and conditions outlined in attached Exhibit A, and that the Town Manager is authorized, and is hereby directed, to execute said agreement in the name and on behalf of the Town of Los Gatos. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of September, 1992 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Brent N. Ventura Mayor Eric D. Carlson NAYES: None ABSENT: Joanne Benjamin ABSTAIN: None SIGNED: -- MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: �} CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ,_ t 1 ___ ,e11 4V.�. CONWUTNITY HOSPITAL cx AG i -:: _a- REHABILITATION CENTER HOSPITAL SERVICES AGREEMENT by and between Community Hospital and Rehabilitation Center of Los Gatos- Saratoga (HOSPITAL) and The Town of Los Gatos (EMPLOYER) This Agreement is entered into this 1st day of September 1992 , by and between the Town of Los Gatos (hereafter "EMPLOYER ") and NME Hospitals, Inc., a Delaware Corporation, doing business as Los Gatos Community Hospital and Rehabilitation Center (hereafter "HOSPITAL "). WHEREAS, EMPLOYER wishes to create an exclusive relationship with a local hospital to provide Worker's Compensation services to its employees, which will agree to comply with the reimbursement mechanisms established, and which will participate in and comply with the policies and procedures which may be adopted from time to time by it; and WHEREAS, HOSPITAL wishes to enter into an agreement with EMPLOYER to offer Worker's Compensation services to its employees by rendering the Covered Hospital Services as set forth in this Agreement; and WHEREAS, HOSPITAL desires, to the extent feasible, to utilize such cost containment methods and practices as are consistent with sound medical practice and in compliance with Worker's Compensation laws in the State of Missouri for rendering medical care; NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, EMPLOYER and HOSPITAL agree as follows: 10/05/92 Page 1 LGWC.agr 815 Pollard Road, Los Gatos, CA 95030 (408) 378 -6131 A National Medical Enterprises Facility I. Definitions 1.1. Beneficiary means those employees, contractors, or subcontractors who are covered by EMPLOYER's Worker's Compensation insurance. 1.2. Covered Hospital Services shall mean all outpatient and inpatient services provided by HOSPITAL to a Beneficiary for which a Payor is obligated to pay or reimburse pursuant to EMPLOYER's Worker's Compensation insurance. 1.3. Emergency Services means those Covered Hospital Services provided to a Beneficiary by HOSPITAL in any situation in which Hospital services are immediately necessary in order to sustain a person's life, or to prevent pain, serious permanent disfigurement or loss or impairment of the function of a bodily organ, or to provide care for a woman in active labor. 1.4. Employee means contractors, sub - contractors, and employees who would be covered under Employer's Worker's Compensation coverage. 1.5. Inpatient Services means the following acute care services, excluding extended care, which are normally provided by HOSPITAL to Beneficiaries when rendered in accordance with the covered benefits under a Worker's Compensation insurance benefit plan: a. Bed and board; b. Medical, nursing, surgical, pharmacy, and dietary services; C. All diagnostic and therapeutic services required by the Beneficiary and physician services which are normally billed by HOSPITAL; d. Use of Hospital facilities, medical and social services furnished by HOSPITAL, and such drugs, biologicals, supplies, appliances and equipment as are required by the Beneficiary and ordered by the attending physician. 1.6. Medically Necessary means services or supplies furnished by a Provider which, under the provisions of this Agreement, are determined to be appropriate and necessary for the symptoms, diagnosis or treatment of the medical conditions and within the standards of good medical practice within the organized medical community. 10/05/92 Page 2 LGWC.agr 1.7. Outpatient services means all Covered Hospital Services other than Inpatient Services. 1.8. Pa or means The Town of Los Gatos as a self- funded employer, its trust funds, insurance carriers, or any other entity which has an obligation to pay for medical services or benefits given to a beneficiary of The Town of Los Gatos or who has contracted with EMPLOYER to use HOSPITAL. 1.9. Provider means a physician, hospital or licensed health professional, practitioner, or facility which has entered into a written agreement with EMPLOYER to participate in an exclusive arrangement to provide medical care as established by EMPLOYER and to comply with the State of Missouri Worker's Compensation laws, and the reimbursement mechanisms and the utilization review procedures established by EMPLOYER. II. HOSPITAL's Obligations 2.1. Licensing: HOSPITAL warrants that it is licensed as a general hospital in the State of Missouri, that it is currently certified as a hospital provider under Title XVIII (Medicare) of the Social Security Act and is accredited by the Joint Commission on Accreditation of Health Care Organizations as a hospital and that it will maintain said certifications or accreditations, and all other licenses required by law, during the term of this Agreement. Evidence of such licenses, certificates, and accreditations shall be submitted to EMPLOYER upon request. HOSPITAL shall promptly notify EMPLOYER in writing of any action against any of its licenses, its accreditation by the JCAHO, any change of ownership or business address, any substantial change in the type of inpatient or outpatient services provided by HOSPITAL or in the number of licensed beds or any other problem or situation that could materially impair the ability of HOSPITAL to carry out the duties and obligations of this Agreement. 2.2. Medical Staff: Physicians admitting Beneficiaries to HOSPITAL must be members in good standing of the Hospital Medical Staff and will be subject to all Hospital Medical Staff rules and regulations including, without limitation, Hospital's quality assurance review program. HOSPITAL shall not discriminate against Medical Staff and its members or applicants for Medical Staff membership because of participation in this 10/05/92 Page 3 LGWC.agr Agreement as a Provider. It is expressly understood by the parties hereto that HOSPITAL has the sole and exclusive responsibility for all Medical Staff membership determinations, and that EMPLOYER, or any other entity, in no way participates and /or controls the Medical Staff decision making process. 2.3. Non - Discrimination: HOSPITAL agrees to provide hospital services presently available at Hospital to Beneficiaries in the same manner Hospital provides such services to all of its other patients. 2.4. Compliance with EMPLOYER Programs: HOSPITAL agrees to comply with EMPLOYER's eligibility, verification, authorization and utilization review programs. These programs shall be administered in accordance with the policies set forth in EXHIBIT B. III. EMPLOYER'S Obligations 3.1. verification of Eligibility: EMPLOYER will provide Beneficiaries with appropriate identification indicating they are Wire Rope employees and do have authorization for Worker's Compensation services to be rendered. If there is any error by EMPLOYER in verification of eligibility or authorization of services which results in HOSPITAL providing covered services to ineligible patients or non - covered services to eligible patients then EMPLOYER shall be obligated to pay HOSPITAL for any such hospital services provided. 3.2. Use of HOSPITAL's Name: EMPLOYER may use HOSPITAL's name and address in publications for participants in order to identify participating providers of health care services. EMPLOYER is not authorized to use HOSPITAL's name for advertising or any other purpose without HOSPITAL's prior written consent. 3.3. Non - Intervention: EMPLOYER agrees that it shall not intervene in any way or manner with the rendition of services by HOSPITAL, it being understood and agreed that the traditional relationship between hospital and patient, as well as physician and patient and physician and hospital, will be maintained. 10/05/92 Page 4 LGWC.agr IV. Reimbursement 4.1. Late Payment: EMPLOYER agrees to pay HOSPITAL the amount set forth in EXHIBIT A for Covered Services rendered to Beneficiaries, less applicable copayments and deductibles and coordination of benefits, within no more than thirty (30) days of receipt of claims submitted by HOSPITAL. If any such claims are not paid within thirty (30) days of receipt, such claims shall revert to usual and customary charges and thereafter shall incur a monthly penalty of one and one half (1 -1/2) percent until paid. 4.2. Coordination of Benefits• If EMPLOYER is primary under the applicable coordination of benefits rules, EMPLOYER shall pay HOSPITAL only the fees required under this Agreement, provided however, that if HOSPITAL obtains any additional payments from secondary Payor under the applicable coordination of benefits rules, HOSPITAL shall be entitled to keep such additional funds. If EMPLOYER is other than primary under the coordination of benefits rules, EMPLOYER shall pay HOSPITAL only those amounts which, when added to amounts owed to HOSPITAL from other sources, equals the fees required under this Agreement. Nothing contained herein shall restrict or otherwise affect HOSPITAL's right to seek to recover its usual and customary charges from third party payor other than the EMPLOYER. V. Medical Records 5.1. Maintenance: HOSPITAL agrees to maintain its usual and customary medical records, at least in accordance with all applicable federal and state statutory and regulatory requirements, for each Beneficiary in the same manner as for other HOSPITAL patients. 5.2. Access: HOSPITAL shall provide EMPLOYER and any duly designated third party with access, upon 48 hours prior notice during customary business hours, to patient records relating to payments, claims and services of Beneficiaries maintained by HOSPITAL during the term of this Agreement, and thereafter, for a period in conformance with state law after the termination of this Agreement, and at any time thereafter that such access is required in connection with a patient's medical care. Any duplication of records shall be the financial responsibility of EMPLOYER. 10/05/92 Page 5 LGWC.agr 5.3. Confidentiality HOSPITAL and EMPLOYER agree that information concerning patients shall be kept confidential and shall not be disclosed to any person except as authorized by law. This confidentiality provision shall remain in effect notwithstanding any subsequent termination of this Agreement. 5.4. Hospital Proper EMPLOYER acknowledges that the medical records of Hospital shall remain the property of HOSPITAL and shall not be removed or transferred from HOSPITAL except in accordance with applicable laws and general HOSPITAL policies, rules and regulations relating thereto. VI. Insurance and Indemnification 6.1. Insurance: HOSPITAL, at its sole cost and expense, shall purchase professional liability insurance in the amount of no less than One Million Dollars ($1,000,000) for each claim and Three Million Dollars ($3,000,000) aggregate, to be effective no later than the effective date of this Agreement and to remain in effect thereafter until the termination of this Agreement. HOSPITAL shall provide to the Town all certificates of insurance, with original endorsements affecting coverage. HOSPITAL agrees that all certificates and endorsements are to be received and approved by the Town before work commences. Additionally, HOSPITAL shall notify EMPLOYER in writing no less than thirty (30) days prior to any modifications, cancellations, or terminations of any such insurance coverage for any reason whatsoever. (a). The Town, its officers, officials, employees, commissions and boards, and volunteers are to be covered as insureds under HOSPITAL's insurance as respects liability arising out of activities performed by or on behalf of the HOSPITAL. (b). The HOSPITAL's insurance coverage shall be primary insurance as respects the Town, its officers, officials, employees, commissions and boards, and volunteers, but only in respect to treatment rendered to employees of the Town of Los Gatos under this agreement. Any insurance or self - insurance maintained by the Town, its officers, officials, employees, or volunteers shall be excess of the HOSPITAL's insurance and shall not contribute with it. 10/05/92 Page 6 LGWC.agr (c). Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the Town, its officers, officials, employees, commissions or boards, or volunteers. (d). The HOSPITAL's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. (e). All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduces in coverage or in limits except after thirty (30) days' prior written notice by certified ail, return receipt requested, has been given to the Town. 6.2. Indemnification: EMPLOYER shall be responsible for the acts or omissions of its employees or agents which result in, or are attributable to, any claims, losses or damages including, without limitation, attorneys fees and expenses, related to the performance of duties under this Agreement. HOSPITAL shall be responsible for the acts or omissions of its employees or agents which result in, or are attributable to, any claims, losses, or damages including, without limitation, attorneys fees and expenses, related to the provision of hospital services by HOSPITAL to eligible beneficiaries under this Agreement. Each party will indemnify and hold the other harmless for any such losses. If this contract is terminated, the rights and obligations of the parties regarding indemnification under this paragraph shall survive the termination of the contract regarding any liability for acts or omissions which occurred prior to the termination date. VII. Term and Termination 7.1. Term: This Agreement will remain in effect from the date hereof for a period of one (1) year, and shall thereafter renew for additional one year periods unless terminated according to the provisions of this Section VII. 7.2. Rene otiation: Either party may request in writing renegotiation of the rates in EXHIBIT A at least 30 days prior to the anniversary date of the contract and 10/05/92 Page 7 LGWC.agr annually thereafter. If new rates are agreed to after the anniversary date of the Agreement, such new rates shall be retroactive to the anniversary date. 7.3. Termination Without Cause: Either party may terminate this Agreement without cause upon 30 days written notice. 7.4. Termination With Cause: Either party may terminate this Agreement for cause upon three (3) days written notice if the other party breaches any material provision of this Agreement. If during the term of this Agreement, EMPLOYER or a Payor becomes insolvent, files for bankruptcy, makes any assignments for benefit of creditors, fails to promptly pay fees due to HOSPITAL under this Agreement, or if HOSPITAL determines in its sole discretion that EMPLOYER or a Payor may become insolvent during the following twelve month period, then HOSPITAL, upon twenty -four (24) days written notice may terminate this Agreement with respect to EMPLOYER or to that specific Payor. 7.5. Charges After Termination If any Beneficiary remains in HOSPITAL on the termination date, EMPLOYER shall be obligated to pay HOSPITAL for any services provided to such beneficiary after the termination date at HOSPITAL's usual and customary charges until such beneficiary is discharged or transferred. VIII. Notice Any notice required to be given pursuant to the terms and provisions of the Agreement shall be in writing and shall be sent by certified mail, return receipt requested. Notice to EMPLOYER shall be sent to the following address: The Town of Los Gatos 110 East Main Street Los Gatos CA 95032 ATTN: Carla Turner (408) 354 -6829 10/05/92 Page 8 LGWC.agr Notice to HOSPITAL shall be sent to the following address: 815 Pollard Road Los Gatos CA 95030 ATTN: Truman Gates Chief Executive Officer An additional copy of any notice should be sent to: National Medical Enterprises, Inc. 2700 Colorado Street PO Box 4070 Santa Monica, California 90404 ATTENTION: Health Plans Division IX. General Provisions 9.1. Operational Contact: The contact for operational questions (billing, payment, eligibility, utilization and approval) related to this contract is and can be reached at: (Company) Willis Carroon (Address) P.O. Box 6030 (Phone) ATTN: Examiner 9.2. Non - Exclusivity: Nothing contained in this Agreement shall preclude HOSPITAL from participating in or contracting with any other preferred provider organization, health maintenance organization, insurer or otherwise, whether before, during, or subsequent to this Agreement. 9.3. Arbitration: The parties agree to meet and confer in good faith to resolve any problems or disputes that may arise under this Agreement. If any arbitration or litigation occurs between the parties regarding this Agreement, the losing party shall pay the reasonable attorney's fees and costs of the prevailing party. 9.4. Unforeseeable Events: In the event that the operations Of HOSPITAL's facilities are substantially interrupted by an act of war, fire, insurrection, strike, riots, earthquakes or other acts of nature of any cause that is not the fault of HOSPITAL or is beyond the reasonable control of HOSPITAL, HOSPITAL shall be relieved of its obligations only as to those affected 10/05/92 Page 9 LGWC.agr operations and only as to those affected portions of this Agreement for the duration of such interruption. 9.5. Independent Contractors: The parties hereto are independent contractors and are not joint venturers with or employees of each other. 9.6. Assignment: Neither party may assign their rights or obligations under this Agreement without the prior written consent of the other party. 9.7. No Third Party .Beneficiaries: This Agreement is not a third party beneficiary contract and shall not, in any manner whatsoever, increase the rights of any Beneficiary with respect to EMPLOYER or the duties of EMPLOYER to any Beneficiary or create any rights on behalf of Beneficiaries regarding HOSPITAL. EMPLOYER and HOSPITAL reserve the right to amend or terminate this Agreement as set forth herein without notice to, or consent of, any such Beneficiary. 9.8. Governing Law: This Agreement shall be governed in all respects by the laws of the state of Missouri. 9.9. Severability• If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect unaffected by such severance, provided that the invalid provision is not material to the overall purpose and operation of this Agreement. 9.10. Waiver: The waiver by either party of any breach of any provision of this Agreement or warranty or representation herein set forth shall not be construed as a waiver of any subsequent breach of the same or any other provision. The failure to exercise any right hereunder shall not operate as a waiver of such right. All rights and remedies provided for herein are cumulative. 9.11. Entire Agreement: This is the entire Agreement between the parties and supersedes all prior written or verbal agreements or negotiations between the parties relating to the subject matter 10/05/92 Page 10 LGWC.agr hereof. This Agreement may only be modified by a written agreement signed by both parties. Community Hospital and Rehabilitation Center (Hospital) BY DATE: DATE: /O - /L -Q Z- (signature PRINTED: '-! ( idwta4A �, /� e TITLE: G (:� 10 The Town of Los Gatos (Employer) BY' DATE: (signature) PRINTED: DAVID W. KNAPP TITLE: TOWN MANAGER APPROVED AS TO FORM: KATHERINE ANDERTON, TOWN ATTORNEY ATTEST: MARIAN V. COSGROVE, TOWN CLERK 10/05/92 Page it LGWC.agr Exhibit A: Reimbursement Schedule The rates contained herein are effective September 1, 1992 and shall continue in effect until July 31, 1993. It is understood that these fees are for hospital services only and that no physician fee is included. Inpatient Services: Outpatient Services: Medically- Necessary Supplies 10/05/92 Page 12 LGWC.agr 95% of charges 85% of charges 85% of charges Exhibit B: Utilization Review/OualitY Assurance Program Attached 10/05/92 Page 13 LGWC.agr Exhibit B: Utilization RevieW/Ouality Assurance Program 10/05/92 Page 13 LGWC.agr COMMUNITY HOSPITAL AND REHABILITATION CENTER LOS GATOS - SARATOGA UTILIZATION REVIEW PLAN AUTHORITY The Utilization Review function is the responsibility of the Utilization Review Committee that has been established as a standing committee of the Medical Staff in accordance with the bylaws of the Medical Staff. 11. PURPOSE The purposes of this committee are: 1. To assure effective and efficient utilization of the hospital's facilities and services. 2. To assist in the promotion and maintenance of high quality care through the analysis, review, and evaluation of clinical practices within the hospital. III. ORGANIZATION OF COMMITTEE The physician members of the committee will be appointed by the chief of staff. The committee will consist of at least eight (not less than 2) physicians. As stipulated in the Medical Staff By -laws, the committee will be composed of the following members: Representatives of the Depart- ments of Pediatrics, OB /GYN, Medicine, Surgery, and General Practice, and a member of the Orthopedic Subdepartment, and the Chairman of the Medical Records Committee. In addition, the president of the Medical Staff shall appoint a chairman who, in turn, may appoint other members of the attending staff to the committee. Non - physician members may be appointed by the Administrator with approval of the physician chairman and shall represent Administration, Finance, Medical Records, DRG, Nursing Quality Assurance, Social Services, and Discharge Planning Departments in the hospital. Other non - physician health care practitioners may be asked to serve as consultants to the committee in establishing criteria, standards, norms, and in a review of cases in which they provided care. The hospital will employ a Utilization Review Coordinator (URC), or identify an employee who, under the supervision of the Utilization Review Committee, has the responsibility for daily review coordination. This individual will be a member of the UR Committee. Any person who holds direct financial interest in the hospital will not be eligible for appointment to the committee. No person will participate in review of any case in which he has been professionally involved. The Utilization Review Committee will document its activities with minutes and will cooperate with the Quality Assurance Committee (or other appropriate committee) by identifying areas of concern that the Quality Assurance Committee (or other appropriate committee) might study. A quorum of three physician members must be present at each monthly meeting. IV. MEETINGS The Utilization Review Committee will meet at least monthly, and more frequently if deemed necessary by the chairman. The committee will determine .. the time and place of the monthly meeting at its first regularly scheduled meeting the year. V. FUNCTIONS The functions of the committee may be carried out by the whole committee, a subcommittee, or by delegated agents, such as physician reviewers /advisors and the Utilization Review Coordinator(s). These functions are: A. To establish and carry out a program of concurrent review of all patients. The source of payment shall not be the sole determinant in identifying patients for concurrent review. B. To supervise and review activities of the UR Coordinator. C. To identify utilization related problems, including the appropriateness and medical necessity of admissions, continued stays, and support services, using at least the following data sources: 1. Profiles and reports from the hospital's data system. 2. Results of monitoring by Professional Review Organization (PRO) 3. Results of any studies conducted. 4. Case mix management reports. S. Results of concurrent and retrospective utilization review as documented in the minutes of this committee. D. To address overutilization, undprutilization, and inefficient scheduling of resources by using at least the following methods: 1. Review of extended lengths of stay. 2. Review of all readmissions and one day stays. 3. Identification and followup on delay of services. E. To maintain close liaison with the Quality Assurance Committee: 1. To assure coordination between concurrent review activities and patient care evaluation studies. 2. To assist in ongoing modification of criteria and standards used in patient care evaluation studies. F. To recommend changes in hospital procedures or medical staff practices as indicated on analysis of review findings. -2- VI. MET}iOD OF REVIEW A. Introduction 1, The Utilization Review Committee will review the admissions and continued stays of patients on a concurrent basis. 2. Concurrent review will be performed under the direction of the Utilization Review Committee, utilizing non - physician review coordinators and physician reviewer /advisors. ISD Screening Criteria, approved by the committee, will be utilized in the review process. 3. Decisions on medical questions will be made solely by physicia n members of the Medical Staff. Non - physician members (e.g. dentist, podiatrist) of the Medical Staff will review cases in which their peers provide care. 4. The medical record will be the source document for conducting utilization review. Certification of medical necessity will be on -going and documented on the Physician Progress Record, continuous Physician Progress Notes will be dated, authenticated and of sufficient quality to permit the URC, the UR Committee of the hospital and the PRO, if appropriate, to perform monitoring. B. Admission Review 1. Admission review will be conducted prior to admission, at the time of admission or, on the first working day after admission (a working day is considered all except Saturday, Sunday and holidays) to determine medical necessity and appropriateness of admission using the approved criteria (see appended Flow Charts - PreAdmission and Admission Review'. 2. If necessary, the attending physician will be contacted for additional information. All information used for determining medical necessity must be documented in the medical record. 3. Cases not meeting both severity of illness and intensity of service criteria will be referred on the same day to a physician reviewer /advisor. 4. Physician advisor reviews and decisions will be made the same day. S. If the physician reviewer /advisor has reason to believe the admission is not necessary, he will confer with the attending physician and afford him an opportunity to present his views. if the attending physician concurs, the patient will be discharged. -3- 6. If the attending physician does not concur with an adverse determination made by the physician reviewer /advisor, the case will be referred to a second physician reviewer /advisor. If this additional review indicates justification for admission, the admission will be approved and the revie, coordinator will assign the next review date. In all cases the attending physician's judgement is given great weight. 7. If the two physician reviewers /advisors determine that an admission is not medically necessary, the review coordinator will complete a written denial of benefit notice. This denial notification will be distributed within two working days of admission, to the patient and /or patient's representative, the hospital, the state agency for Medicaid patients, the attending physician and any other appropriate reviewing organization. 8. An attending physician who disagrees with the decision of both physician reviewers /advisors with respect to denial of an admission, may retro- spectively request a reconsideration of the decision from the Utilization Review Committee at its next regularly scheduled meeting. 9. For Medicare Patients only: If the attending physician disagrees with the decision of the two physician reviewers /advisors, the URC will contact the appropriate PRO /Medical Review Entity (MRE) for an immediate review of the case. If the PRO /MRE agrees with the physician reviewers /advisors, a denial of benefits notification will be given to the patient and /or patient representative, the attending physician, the hospital, and the PRO /MRE. If the PRO /MRE does not agree with the physician reviewers /advisors, the admission will be approved. 10. In all cases only a physician will make an adverse decision denying admission approval. 11. All actions taken during admission review will be documented on the coordinator's worksheet. This form will be kept in the review coordinator's file after discharge of the patient. C. Continued Stay Review Continued stay review will be conducted every three days or sooner as necessary. In no instance will the time lapse be more than seven days (see Flow Chart - Continued Stay Review). All Medicare patients reaching either cost outlier oP day outlier status will automatically be brought into the concurrent review process at that time if not already under review. - 4 - 2. Cases that no longer meet intensity of service and severity of illness criteria or intensity of service alone will have discharge review conducted immediately. (See flow chart - Discharge Review.) 3. Cases meeting discharge screens and not discharged will be referred to a physician reviewer /advisor that same day. 4. If the physician reviewer /advisor has reason to believe the continued stay is not necessary, he will confer with the attending physician and afford him an opportunity to present his views. If the attending physician concurs, he will discharge the patient. 5. If the attending physician does not concur with an adverse determination made by the physician reviewer /advisor, the case will be referred to a second physician reviewer /advisor. If this additional review indicates justification for continue stay, continued stay will be approved and the review coordinator will assign the next review date. In all cases the attending physician's judgement is given great weight. 6. If the two physician reviewers /advisors determine that continued stay is not medically necessary, the review coordinator will complete a written denial of benefits notice. This denial notification will be distributed prior to the end of approved continued stay, to the patient and /or patient representative, the hospital, the state agency for Medicaid patients, and the attending physician. 7. An attending physician who disagrees with the decision of both physician reviewers /advisors with respect to denial of continued stay, may retrospectively request a reconsideration of the decision from the Utilization Review Committee at its next regularly scheduled meeting. 8. For Medicare patients only: If the attending physician disagrees with the decision of the two physician reviewers /advisors, the URC will contact the PRO /Medical Review Entity (MRE) for an immediate review of the case. If the PRO /MRE agrees with the physician reviewers /advisors, a denial of benefits notification will be given to the patient and /or patient representative the attending physician, the hospital, and the PRO /MRE. If the PRO /MRE does not agree with the two physician reviewers/ advisors, the continued stay will be approved. 9. In all cases only a physician will make an adverse decision denying continued stay certification. 10. All actions taken during continued stay review will be documented on the coordinator's worksheet. One copy of this form will be kept in the review coordinator's file after discharge of the patient. -5- D. Ancillary Service Review Ancillary Service review will be conducted concurrently as needed using pre - established criteria. Procedures for physician advisor review will be the same as for concurrent review of acute care. E. Retrospective Review Retrospective review will be conducted on all data source material identified in V -C as soon as available. Administrative problems will be referred to Administration (DRG Department /Task Force. /Committee) Clinical problems will be referred to the appropriate Medical Staff committee with recommendations for resolution. Concurrent review and monitoring will be intensified in problem areas until the problem is resolved. F. Evaluation of Patient Care The Quality Assurance Committee (or other appropriate committee) is responsible for coordination of the findings of all evaluation of patient care and shall assure the performance of any studies required. Problems for study may be identified through the utilization review process and referred to the QA or other appropriate committee; a summary of these evaluation will be reported back to the Utilization Review Committee and as appropriate, to the Governing Board and Executive Committee of the Medical Staff. VI. COMMITTEE REPORTS AND RECORDS On behalf of the Utilization Review Committee, the Utilization Review Coordinator will be responsible for maintaining aggregate patient data with respect to admission certification and continued stay review which will be reported to the Utilization Review Committee at the monthly meetings. The Utilization Review Committee will maintain a permanent record of its findings, proceedings, and actions and make a monthly report to the Quality Assurance Committee and as required, to the Medical Executive Committee, Administration and Governing Board. VII. RESPONSIBILITIES OF HOSPITAL ADMINISTRATION A. Notify URC of all admissions and responsible third party payer of each patient. B. Support and assist the UR Committee in assembling of information, facilitating concurrent review, conducting studies, exploring ways to improve procedures, maintaining committee records and promoting the most efficient use of available health services and facilities. C. Designate an individual or hospital department to be responsible for each of the activities specified in the preceeding paragraph. VIII. RELATIONSHIP WITH FISCAL INTERMEDIARY, STATE AGENCIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND THE PRO. The procedures and minutes of the Utilization Review Committee will be made available for confidential review by the Fiscal Intermediary authorized State Agencies, the Department of Health and Human Ser- vices and as appropriate, the PRO /MRE. IX. UTILIZATION REVIEW PROGRAM EVALUATION The utilization review program, including the written policy, pro- cedures and criteria (Interqual), is reviewed and evaluated annually, and is revised as appropriate to reflect the finding of the hospital' utilization review activities. A record of such reviews and evaluations is maintained in the utilization review minutes and appropriate findings are reported, through the established mechanisms, to the executive committee of the medical staff and to the governing body. X. CONFIDENTIALITY Information and data will be maintained, as required, so as to assure confidentiality and compliance with all appropriate laws, regula:ions and payment of claims. XI. DISCHARGE PLANNING The Discharge Planning Department /Service of the hospital will be responsible for the coordination of discharge planning. Assessment and /or implementation of discharge planning will be performed as soon as a determination of the need for such activity can be made. The UR Coordinator will alert the individual(s) responsible for discharge planning of all admissions necessitating his /her assis- tance on discharge, to maintain continuity of care. Discharge planning is not limited to placement in long term care facilities, and includes provision for or referral to services that may be required to improve or maintain the patient's health status. See attached discharge planning policy and procedure which outlines the discharge planning process and screening criteria. -7- TITLE 0 •A• DISCHARGE PLANNING PROCE, REVISION 3/92 PAGE 1 GP 3 APPROVED BY POLICY: Discharge Planning for continuity of care will be provided for all patients meeting the high risk screen criteria or upon the request of the patient, the patient's representative or patient's physician. PROCEDURE: 1. Social services and discharge planning coordinator will screen all patients at an early stage of hospitalization for discharge planning needs, and will meet with the Utilization Review Staff to discuss evaluation of patient discharge plans and identification of potential problems. High Risk Screens are seen within 48 hours of admission or on Monday following a weekend admission. POLKV \,u SER SW -W5 EEEECTn£ DATE a. The Discharge Planning staff is part of the Department of Quality Services and is under the supervision of the Director of Quality Services b. Discharge Planning staff consists of two full time discharge planners and one halftime social worker One Discharge planner screens patients and provides services on the medical floor and one discharge planner screens patients and provides services on the surgical floor. Patients are screened daily according to the High Risk Criteria (attached),ICU units, OB and Pediatrics are not routinely screened. Discharge planners are available to assess and arrange for out of home placement, or order home care and equipment for these units on a direct referral basis. Social Services works collaboratively with the discharge planners on planning issues and is available on a referral basis. c. Coordinateddischarge planning shall be done on a five day a week basis. d. Referrals to discharge planners are placed in the log book at the nursing stations by the unit secretary or nursing staff, and are called into the Quality Services office (x4081). An answering machine is available to receive referrals made after normal working hours and on weekends. COMMUNITY HOSPITAL & REHABILITATION CENTER +SS +�E2 ?q.�Y R i�9ER SW -005 PAGE 2 OF 3 2. Information needed for the discharge planning Process should include, but is not limited to: a. Prior health care status of patients b. Current level of care needed C. Projected level(s) of care needed d. Projected time frame for moving patient to next level of care e. Therapy(ies) and teaching that must be accomplished prior to hospital discharge f. Available resources for post - hospital care g. Mechanisms for facilitating transfer to other levels of care This information can be obtained from the Nursing Admission Assessment, the Care Plan, and by patient interview. 3. Social services and discharge planning will interview patient and /or family or significant others to assess financial, emotional, social, environmental, and educational needs for discharge plans. Patient and family shall be actively involved in decision - making regarding discharge plans with counseling from social services as needed. 4. Social Worker and Discharge Planners will make appropriate referral for post - hospital care, including financial assistance, home -maker services, home care and equipment rentals, placements in skilled nursing facilities or board and care facilities, transportation services, and other community services as needed. 5. Social services shall counsel and assist patient and family in emotional problems regarding discharge plans. 6. Social service staff shall attend and actively participate in multi - disciplinary patient conferences. These conferences will be documented on the discharge plan form and :nrovxess record. 7. Social Service /Discharge planning staff shall participate on hospital committees in order to enhance communication between hospital staff and to provide optimum services to patients and their families. 8. Social service and discharge planner shall keep and share resource files of board and cares, SNF, home health agencies, and other community resources, and shall provide each nursing station with a directory of resources. 9. Social services shall advocate for patients in obtaining financial and other assistance needed for continuity of care, shall identify problems and gaps in community services, and shall work with community health and welfare agencies in planning and advocating for additional services needed. 10. Social services shall work closely with discharge planner coordinator, Nursing Staff, and other disciplines, and, in her /his absence, will provide services as required. DISCHARGE PLANNING ASSESSMENT FORM 23 hour hold or Medicare Age 65 or over and living alone Medicare receiving disability benefits 1 Transferred from SNF, ICF or RCH Admitted in comatose state or with OBS Does not reside in Santa Clara County A victim of a severe accident Total joint replacement or other bone disease Age 65 or over admitted for cardiac condition Any patient admitted in past 30 days HIV related disease SW -005 3/92 PAGE 3 3 G TITLE RE V�S�ON POLICt �_u �Eq PLAN FOR DISCHARGE PLANNING PAGE EWEC T'.F DATE OF APPROVED By * Patient Services shall bear the primary responsibility for the coordination and implementation of complex home plans, nursing home placement, and interfacility transfers. * Discharge planning is best accomplished by a multidisciplinary team that begins its assessment of the patient's goals and needs as soon after admission as is practical. Team conferences permit coordination of individual efforts and provide a forum for refining or finalizing plans and goals. OBJECTIVES FOR AND PROCESSES OF DISCHARGE PLANNING: * Objectives: To provide continuity of care for the patient To coordinate the involved disciplines of patient care to enable discharge to home or community with continuing care as required. * Process: 1. Planning is initiated as early as practical in the patient's stay. 2. Planning considers the concurrent documented assessment by members of the multidisciplinary team of the patient's need for further services. 3. Planning promotes participation by the patient and /or legal representative. 4. Planning verifies that the needed services are available at the appropriate level of care. 5. Planning reflects efficient utilization of hospital, long- term care facilities, and community services. POLICYDP 11/90 COMMUNITY HOSPITAL & REHABILITATION CENTER OF LOS GATOS /SARATOGA COMMUNITY HOSPITAL AND REHABILITATION CENTER OF LOS GATOS - SARATOGA QUALITY ASSESSMENT PLAN I. OBJECTIVES A. To maintain an ongoing quality assessment (QA) program designed to objectively and systematically monitor and evaluate the quality of patient care, pursue opportunities to improve patient care, and resolve identified problems. B. The Governing Board strives together with our organizational leaders to assure quality patient care by requiring and supporting the establishment and maintenance of an effective hospitalwide QA program. C. Clinical and Administrative staff monitor and evaluate the quality of patient care and clinical performance, and report information to the Governing Board. The Governing Board needs to assist it in fulfilling its responsibility for the quality of patient care. Emphasis and priority is on seeking opportunities to improve care and to look at processes within our hospital that have impact on patient outcomes. D. The Director of Quality services (as the QA coordinator) serves as the facility risk manager and attends Medical Staff Department and Committee meetings, Safety Committee and QA Committee, operationally linking risk management, patient care, and QA activities. A quarterly Hospital Occurrence/Risk Management report is made available to the QA committee, Executive Committee of the Medical Staff, Medical Staff departments, Nursing department, Safety. Committee, and the Governing Board. II. ORGANIZATION A. The Governing Board has delegated authority to conduct QA activities to the Medical Staff and Administration. The joint medical staff /hospital staff QA Committee (QAC) has the purpose of reviewing, integrating and coordinating all QA activities. B. The composition of the committee is defined in the Medical Staff By -Laws with a quorum defined as 30% of voting members. C. An agenda and minutes will be maintained for each meeting. page 1 of 5 rev. 492 D. Any department, committee, or individual may be requested to participate in the activities of the QAC, and may introduce an area of concern. E. Reporting: 1. OA Tracking Loo A method to monitor the progress of all QA activities and to specify committees /departments responsible, and the frequency of reports. The Director of Quality Services is responsible for maintaining the currency of the log by using the approved minutes of the Executive Committee/ Departments /and Committees. The contents or format of the tracking log may be changed without revision of the entire QA Plan. 2. Other reporting functions of the OAC a. Medical Record Review Function b. Indepth Reviews c. Professional & Support Clinical Monitoring d. Credentials Monitoring Report e. Occurrence Screening /Risk Management Report 3) Minutes, or summary reports of the proceedings of the QAC will be provided to the Executive Committee of the Medical Staff and to the Governing Board for review and approval. III. SCOPE A. The following medical staff functions are performed: The monitoring and evaluation of the quality of patient care and the clinical performance of all individuals with clinical privileges through: 1. monthly meetings of the clinical departments of the Medical Staff to consider findings from the ongoing monitoring activities of the medical staff, based on Important Aspects of Care, and multidisciplinary issues when presented. 2. surgical case review 3. drug usage evaluation 4. the medical record review function 5. blood usage review 6. the pharmacy and therapeutics function 7. nosocomial infection surveillance 8. review of occurrence screens /risk management issues Plans for each are maintained in the Director of Quality Services QA Manual. page 2 of 5 rev. 4/92 B. The quality of patient care in the following services are monitored and evaluated, in addition to the clinical departments of the medical staff. 1. 2. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Anesthesia and Surgical services Dietetic services Emergency services Hospital- sponsored ambulatory within services provided) Nuclear medicine services Nursing services care services (conducted Pathology and medical laboratory services Pharmaceutical services Radiology services Rehabilitation services Respiratory care services Social work services Special care units C. The following hospitalwide functions are performed: 1. Infection Control 2. Utilization review 3. Review of accidents, injuries, patient safety and safety hazards D. The quality of patient care and the clinical performance of Allied Health Professionals are monitored and evaluated through the Allied Health Professional Committee, Perinatal Mortality & Morbidity & OB /GYN Committee, and the Department of Medicine. E. QA findings are considered relevant when the peer review process requests a response from a practitioner. This correspondence is made part of the practitioner's file. This correspondence, in addition to other relevant findings from hospital -wide and departmental QA activities are considered as part of: 1. the reappraisal /reappointment of medical staff members 2. the renewal or revision of the clinical privileges of Medical Staff and Allied Health Professionals 3. the mechanisms used to appraise the competence of all Allied Health Professionals page 3 of 5 rev. 4/92 IV. MONITORING AND EVALUATION PROCESS OF QUALITY ASSESSMENT 10 Step Process: 1. Responsibility for the monitoring and evaluation of each of the QA processes is assigned to the Department Chairman, Committee Chairman, or Hospital Department Manager, as leaders. The tracking Log defines these processes. 2. Community Hospital and Rehabilitation Center of Los Gatos - Saratoga provides care to all patients and age categories, based on medical necessity and intensity of service, excluding cardiac surgery and acute adult and child psychiatric disorders requiring hospitalization. The Medical Staff is composed of Doctors of Medicine, Dentists, Podiatrists, and Allied Health Professionals. Our scope of care is centered on our patients' needs. 3. Important aspects of care are focused on high volume, high risk and /or problem prone areas of care. Monitoring and Evaluation is carried out to pursue improvement in patient care. 4. Indicators and appropriate clinical criteria for monitoring the important aspects of care are identified. Opportunities to improve our care may be found in any of the existing systems or processes directed.to patient outcomes, outside of established indicators. 5. Thresholds (levels, patterns, trends) for the indicators that trigger evaluation of care are identified. 6. The important aspects of care are monitored by collecting and organizing the data for each indicator. 7. When thresholds are reached, care is evaluated in order to identify either opportunities to improve care, systems, or process flaws. Leaders will support and encourage development of multidisciplinary teams as a problem - solving approach. 8. Actions are taken to improve care or to correct identified problems. 9. The effectiveness of the actions is assessed and the improvements in care are documented. 10. The findings of the monitoring and evaluation process are communicated to relevant committees, departments, or services and to the organizationwide QA program. V. METHODS FOR OVERSEEING EFFECTIVENESS A. The QAC is responsible for overseeing and tracking that all QA activities outlined in Sections III, IV, & V of this plan are performed appropriately and effectively. The Executive Committee of the Medical Staff and the Governing Board are ultimately responsible for assuring that the QA program meets its stated objective. page 4 of 5 rev. 4/92 B. The QAC, in addlcion to each Medical Staff Department and committee, is responsible for coordinating information between departments /services when issues in patient care are multidisciplinary. C. The QAC minutes will maintain an index of opportunities identified to achieve greater efficiency in our delivery of health care services, reduce cost when feasible, and improve upon the quality of care presently delivered. D. The QAC, as coordinator of all QA information, endeavors to detect trends, patterns of performance, or potential problems that cross department /service lines by methods including an indepth evaluation of at least one process each month. E. The objectives, scope, organization, and effectiveness of the QA program are evaluated at least annually and revised as necessary. Approved: Chief Executive Officer page 5 of 5 rev. 4/92