HomeMy WebLinkAboutR-2017-068 Settlement Agreement with Yakima Valley Memorial Hospital AssociationA RESOLUTION
RESOLUTION NO. R-2017-068
authorizing a settlement with Yakima Valley Memorial Hospital Association
and related entities ("Memorial") regarding charges asserted by Memorial for
health care and medical care and services provided to City of Yakima
Employee Medical Benefits Plan covered employees and their designated
dependents during the period from January 1, 2015 through April 30, 2016
WHEREAS, the service contract that the City of Yakima had with Yakima Valley Memorial
Hospital and hospital-based facilities and services expired in 2015, and for a period of time the
parties were not in agreement on the amount of payment for health care and medical care and
services (referred to as "the services") provided to City of Yakima Employee Medical Benefits
Plan covered employees and their designated dependents, and
WHEREAS, the City has engaged in discussions with Memorial to resolve the dispute
between the City and Memorial for charges for health care and medical care and services, and
the parties have worked together to mutually resolve the issue, and
WHEREAS, the Settlement Agreement with Yakima Valley Memorial Hospital Association
and related entities resolves and settles the charges asserted by Memorial for health care and
medical care and services provided to City of Yakima Employee Medical Benefits Plan covered
employees and their designated dependents during the period from January 1, 2015 through
April 30, 2016
WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the City
to authorize the City Manager to execute the attached Settlement Agreement to resolve and
settle the issue regarding the Memorial charges for the services; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is authorized and directed to sign the attached
Settlement Agreement entered into by the City of Yakima and Yakima Valley Memorial
Association and related entities ("Memorial") to resolve and settle the charges asserted by
Memorial for health care and medical care and services provided to City of Yakima Employee
Medical Benefits Plan covered employees and their designated dependents during the period
from January 1, 2015 through April 30, 2016, and to execute all necessary documents for the
issuance of funds by the City to implement the settlement in the total amount of $1,029,664,
which will be paid to Memorial in three separate payments of $729,664 in 2017, $150,000 in
2018, and $150,000 in 2019
ADOPTED BY THE CITY COUNCIL this 6th day of June, 2017
SETTLEMENT AGREEMENT
This Settlement Agreement (hereafter referred to as the "Agreement" or the
"Settlement Agreement") is made and entered into by and between Yakima Valley
Memorial Hospital Association, a Washington corporation; Virginia Mason Memorial,
formerly known as Yakima Valley Memorial Hospital, a Washington corporation; Yakima
Valley Memorial Hospital, a Washington corporation; Memorial Home Health and
Hospice; Yakima Valley Memorial Home Care; The Memorial Foundation, a Washington
nonprofit corporation; Memorial Infusion Care; Memorial Wound Care; Memorial's
Imaging at Yakima Valley Memorial Hospital; Cornerstone Medicine; North Star Lodge
Cancer Care Center; Memorial's Imaging at Yakima Heart Center; Water's Edge Pain
Relief; Cottage in the Meadow; Ohana Mammography Center; Surgi-Center @ Memorial;
Lakeview Physical Therapy; Memorial's Valley Imaging; Children's Village; and their
affiliated entities and/or subsidiaries, successors, assigns, member companies, and
affiliated health care providers (hereafter all of the above are collectively referred to as
"Memorial" or "Virginia Mason Memorial, formerly known as Yakima Valley Memorial
Hospital" or collectively as the "Releasing Parties") and the City of Yakima, a Washington
municipal corporation (hereafter referred to as the "City" or the "City of Yakima").
WHEREAS, Memorial has asserted charges for health care and medical care and
services provided to City of Yakima Employee Medical Benefits Plan covered employees
and their designated dependents during the sixteen (16) month period from January 1, 2015
through April 30, 2016 (referred to in this Agreement as the "charges"); and
WHEREAS, the parties to this Agreement desire to avoid the expense, burden and
uncertainty of continued disputes and potential litigation; and
WHEREAS, the City and Memorial wish to settle and compromise the claim for
payment for health care and medical services provided during the period from January 1,
2015 through April 30, 2016;
NOW, THEREFORE, the City and Memorial agree as follows:
1. Payment and Consideration
The consideration for the release contained in paragraph 2 below and for this settlement
includes the following:
A. Payment by the City of Yakima to Virginia Mason Memorial,
formerly known as Yakima Valley Memorial Hospital, which will be
made payable to "Virginia Mason Memorial" in the total sum of
Settlement Agreement - 1 of 19
$1,029,664 payable for the benefit of the Releasing Parties, subject to
the approval by the Yakima City Council. This amount will be paid
by the City of Yakima in three separate payments during years 2017,
2018 and 2019, as follows:
1) The first payment in the amount of $729,664 is to be made by
the City of Yakima to Memorial in 2017 within 30 days after
approval of the settlement by the City Council.
2) The second payment in the amount of $150,000 is to be paid
by the City of Yakima to Memorial in 2018 by no later than
June 1, 2018.
3) The third payment in the amount of $150,000 is to be paid to
Memorial in 2019 by no later than June 1, 2019.
B. Tax liability, if any, on the proceeds of the settlement sum shall be
paid by the Releasing Parties, and the Releasing Parties agree to hold
the City of Yakima, EBMS and ELAP harmless and to indemnify
them from any liability arising from the Releasing Parties' failure to
satisfy the Releasing Parties' tax obligations related to this settlement.
2. Release
For the consideration recited above, Virginia Mason Memorial, formerly known as Yakima
Valley Memorial Hospital Association, a Washington corporation; Yakima Valley
Memorial Hospital, a Washington corporation; Yakima Valley Memorial Hospital, a
Washington corporation; Memorial Horne Health and Hospice; Yakima Valley Memorial
Horne Care; The Memorial Foundation, a Washington nonprofit corporation; Memorial
Infusion Care; Memorial Wound Care; Memorial's Imaging at Yakima Valley Memorial
Hospital; Cornerstone Medicine; North Star Lodge Cancer Care Center; Memorial's
Imaging at Yakima Heart Center; Water's Edge Pain Relief; Cottage in the Meadow;
Ohana Mammography Center; Surgi-Center @ Memorial; Lakeview Physical Therapy;
Memorial's Valley Imaging; Children's Village; and their affiliated entities and/or
subsidiaries, successors, assigns, member companies, and affiliated health care providers
(collectively herein the "Releasing Parties") forever release the City of Yakima, the City
of Yakima Employee Medical Benefits Plan, participants and beneficiaries of the City of
Yakima Employee Medical Benefits Plan, Employee Benefit Management Services, Inc.
("EBMS"), ELAP Services, LLC ("ELAP"), and all their respective past, present and
future elected and/or appointed officials, directors, officers, employees, agents, assigns,
successors, attorneys,' insurers, and related entities (collectively herein the "Entities
Settlement Agreement - 2 of 19
Released") from all past, present and future claims for Memorial's charges and billings,
including but not limited to facility charges, for health care and medical care and services
provided to City of Yakima Employee Medical Benefits Plan covered employees and their
designated dependents during the sixteen month period from January 1, 2015 through
April 30, 2016, and/or from claims relating to or arising from those charges.
As referred to in this Agreement, "past, present and future claims" mean those claims,
rights and causes of action, whether known or unknown, suspected or unsuspected, vested
or contingent which in any way arise out of or are related to any incidents, acts or omissions
between the Releasing Parties and the City of Yakima, EBMS, ELAP and their past and
present elected and/or appointed officials, directors, officers, employees, and agents,
assigns, successors, attorneys, insurers and related entities, including but not limited to all
of Memorial's charges, billings and/or facility charges arising from or related to health care
and medical care and services provided to City of Yakima Employee Medical Benefits Plan
covered employees and their designated dependents during the sixteen month period from
January 1, 2015 through April 30, 2016, and/or from claims relating to or arising from
those charges, billings and/or facility charges. This includes all claims, rights and causes
of action under federal, state, or local law, including but not limited to those based on
contract, statute, regulation, code, ordinance, tort, equity or otherwise.
3. Removal of Credit Reporting
The Releasing Parties will agree not to report any of the patients, City of Yakima Employee
Medical Benefits Plan participants and beneficiaries, and/or third -party guarantors of any
past, present and future claims released pursuant to Paragraph 2 to any credit reporting
agency, and the Releasing Parties will not cause any other person or entity to do so. If
already reported to any credit reporting agency, either directly by the Releasing Parties or
by any agent or assignee of the Releasing Parties, the Releasing Parties will facilitate and
demand the complete removal of all such adverse credit reports, which the Releasing
Parties will use all reasonable efforts to accomplish within sixty (60) days of the adverse
credit report being brought to the attention of the Releasing Parties. The Releasing Parties
hereby acknowledge that it will be insufficient for any adverse credit report to reflect
"paid," "settled," "resolved," or other such resolution on the credit report, as only the
complete removal of the matter(s) from all credit reports will suffice. Notwithstanding the
foregoing provisions, the parties recognize that the ultimate decision as to whether a claim
is removed from a credit report is within the credit reporting agency's exclusive control.
If the credit reporting agency ultimately refuses to provide the requested relief, the
Releasing Parties' obligations under this paragraph will be deemed satisfied provided they
have used all reasonable efforts to accomplish those obligations.
Settlement Agreement - 3 of 19
4. Indemnification for Subrogation and Lien Claims, and Hold Harmless
The Releasing Parties represent that all lienable expenses, and all subrogation claims, and
all claims of any other persons or entities legally entitled to share in the proceeds of this
settlement have been paid, or will be paid or otherwise resolved from the proceeds of this
settlement.
The Releasing Parties agree to defend, indemnify and hold harmless the Entities Released
from and against all lien and subrogation claims, if any, including all costs and attorneys'
fees incurred in the defense of such claims.
5. Governing Law
This Settlement Agreement shall be construed and interpreted according to the laws of the
State of Washington. The venue of any action necessary under this Settlement Agreement
shall be solely in Yakima County Superior Court, Yakima, Washington.
6. Denial of Liability
This Settlement Agreement expresses the full and complete settlement of all claims relating
to the Releasing Parties' charges referred to in this Agreement. It is expressly agreed that
liability for all such claims is denied by the Entities Released as is any fault relating to the
matters described. It is agreed and understood that this settlement is a compromise of
disputed claims. Acceptance of this Settlement Agreement shall not operate or be
construed as an admission by the Entities Released of any liability to the Releasing Parties,
breach of any agreement between any of the Entities Released and the Releasing Parties,
or violation by the Entities Released of any statute, law or regulation.
7. Warranty of Capacity to Execute Settlement Agreement
The Releasing Parties certify and warrant that they are fully authorized to enter into this
Settlement Agreement and bind themselves and the respective parties thereto. The
Releasing Parties further warrant that no other person or entity has or has had any interest
in the claims or causes of action referred to in this Settlement Agreement and that they
have the sole right and exclusive authority to execute this Settlement Agreement and to
receive the settlement proceeds.
8. Consultation with Counsel
The parties have read this Settlement Agreement and fully understand the terms. They
have been given full opportunity to seek independent legal counsel of their choice
Settlement Agreement - 4 of 19
regarding the legal implications of this Settlement Agreement and have done so. The
parties understand and acknowledge the significance and consequences of this Settlement
Agreement and expressly confirm that it is to be given full force and effect according to
each and all of its expressed terms and provisions.
9. Execution of Agreement
This Settlement Agreement may be signed in counterparts by the parties. If the Agreement
is signed by the parties in counterparts, it will be considered a fully executed Agreement.
If this Agreement is executed in two or more counterparts, each counterpart shall be
deemed an original, and all of which taken together shall constitute one and the same
instrument. Counterpart signature pages may be detached from separately delivered
counterparts of this Agreement and attached to other, identical counterparts of this
Agreement, or to a version of this Agreement that is identical to that from which the
signature page was detached, in order to create a fully executed original version of this
Settlement Agreement. Faxed and emailed signature pages shall be deemed originals for
all purposes.
CITY OF YAKIMA
By:
YAKIMA VALLEY MEMORIAL HOSPITAL
ASSOCIATION
By:
Cli, City Manager Timothy A. Reed
Date: CO "(Q -t
ATTEST:
Chief Financia Offi er
Date: /3-
City Clr
GINIA MASON MEMORIAL, formerly
wn as YAKIMA VALLEY MEMORIAL
PITAL, and on behalf of the Releasing
ies
City Contract No. 2017-0)7/ By:
Resolution No. R-2017-0 (r.7Timothy A. Reed
Chief Financial. Officer
Date:
Settlement Agreement - 5 of 19
YAKIMA VALLEY MEMORIAL HOSPITAL,
and on behalf of the Releasing Parties
By:
Timothy A. Reed
Chief Financial Offi er
Date: 51" --
MEMORIAL HOME HEALTH AND
HOSPICE
By:�
Timothy A. Reed
Chief Financial Officer
Date:
YAKIMA VALLEY MEMORIAL HOME
CARE
By:
Timothy A. Reed
Chief Financi Officer
Date:
IS— Icy
THE MEMORIAL FOUNDATION
By:
Timothy A. Reed
Chief Financia Offi er
Date: 17 f J 7 7-
Settlement Agreement - 6 of 19
MEMORIAL INFUSION CARE
By:
Timothy A. Reed
Chief Financial
Date:
MEMORIAL WOUND CARE
By:
Timothy A. Reed
Chief Financia Offic
Date:
MEMORIAL'S IMAGING AT YAKIMA
VALLEY MEMORIAL HOSPITAL
By:
Timothy A. Reed
Chief Financ;'a1 O ficer
Date: /jam 7_
CORNERSTONE MEDICINE
By:
Timothy A. Reed
Chief Financ'al fficer
Date: 57( f
Settlement Agreement - 7 of 19
NORTH STAR LODGE CANCER CARE
CENTER
By:
Timothy A.
Chief Financial
Date:
eed
7er
MEMORIAL'S IMAGING AT YAKIMA
HEART CENTER
By:
Timothy A. Reed
Chief Financial ffi r
Date: S`��
WATER'S EDGE PAIN RELIEF
By:
Ti y A. ' eed
Chief Financi4 Officer
Date: �0
COTTAGE IN THE MEADOW
By:
T mi othy A. Reed
Chief Financ'al Of
Date: 5 , Y/
Settlement Agreement - 8 of 19
Icer
/ 3---
OHANA MAMMOGRAPHY CENTER
By:
Timothy A. eed
Chief Financi 1 Of cer
Date: r
SURGI-CENTER @ MEMORIAL
By:
Timothy A. Reed
Chief Financ'al Officer
Date: 5' (1—��-
LAKEVIEW PHYSICAL THERAPY
By:
Timothy A. Reed
Chief Financi Officer
Date: S /-3.-
MEMORIAL'S VALLEY IMAGING
By:
Timothy A. Reed
Chief Financial Officer
Date:
Settlement Agreement - 9 of 19
g-1( J'"/"'""
STATE OF WASHINGTON )
COUNTY OF YAKIMA )
ss.
CHILDREN'S VILLAGE
-
By:
Timothy A. Reed
Chief Financia Off
Date: S c5-
/�
On this 1613'dday of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of YAKIMA VALLEY MEMORIAL
HOSPITAL ASSOCIATION, and he acknowledged he is authorized to execute this
Settlement Agreement and acknowledged said instrument to be the free and voluntary act
and deed of YAKIMA VALLEY MEMORIAL HOSPITAL ASSOCIATION for the uses
and purposes therein mentioned.
`0011111111/*
..414'40T4;;;-.;Okv.sk�
*comfit sobs
0. �
Settlement Agreement - 10 of 19
(/ 'tee__ .
Print N e: Co _�cc�1;S
Notary Public in and f the State of Washington
residing at \j1t,; ,,.,c, s (,t,/ A -
My commission expires: ► Diol / a 0„1.0
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
On this 1S -day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of VIRGINIA MASON MEMORIAL,
formerly known as YAKIMA VALLEY MEMORIAL HOSPITAL, and he acknowledged
he is authorized to execute this Settlement Agreement and acknowledged said instrument
to be the free and voluntary act and deed of VIRGINIA MASON MEMORIAL, formerly
known as YAKIMA VALLEY MEMORIAL HOSPITAL, and for the Releasing Parties,
for the uses and purposes therein mentioned.
`ottuui��,��
.�`‘‘ GGARCq
My Comm. Win
• October 01, 2020 1:z
PuBoo Pc;
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
Print me:
Notary Public in and fo e State e ' Washington
residing at '(cA � AIA
My commission expires: 10 I br / v�
On this { day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of YAKIMA VALLEY MEMORIAL
HOSPITAL, and he acknowledged he is authorized to execute this Settlement Agreement
and acknowledged said instrument to be the free and voluntary act and deed of YAKIMA
VALLEY MEMORIAL HOSPITAL and for the Releasing Parties, for the uses and
purposes therein mentioned.
```�y�GCARGg9O,�'.
• My Comm. 6cphes
� N: October 01, 2020 Z`
%1117•• pUB1.1O • ���•
//, iit'fiklYtv
/iiirrit 1;60°
Settlement Agreement - 11 of 19
Print me:if.'Yaw, cCoe- —D•vh
Notary Public in and .r the Sta e of Washington
residing at Yum „G LOA
My commission expires: 10/01/2,0z.:0
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA )
On this )51j1 -day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of MEMORIAL HOME HEALTH AND
HOSPICE, and he acknowledged he is authorized to execute this Settlement Agreement
and acknowledged said instrument to be the free and voluntary act and deed of
MEMORIAL HOME HEALTH AND HOSPICE for the uses and purposes therein
mentioned.
‘`‘‘GCpRGgq",
Q.
•''� Y *-4-
...(1)----
Z..)
spy Comm. Expires e
N October 01, 2020 :z
• ;
O�
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA )
Print N
Notary F'tib1ic in
residing at *A.,
My commission
►aa.
and f. the State
expires: I 0
Washington
/0)) aoolO
On this I st�'day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of YAKIMA VALLEY MEMORIAL
HOME CARE, and he acknowledged he is authorized to execute this Settlement
Agreement and acknowledged said instrument to be the free and voluntary act and deed of
YAKIMA VALLEY MEMORIAL HOME CARE for the uses and purposes therein
mentioned.
G42 iii
Comm. Expires
N e October 01, 2020 z
>•9T•.•PUBOO •��?:
•
(2.g. \\.
Settlement Agreement - 12 of 19
Print(Name: N(cCu a,- beup...1
Notary Public in and fthe State 'cff Washington
residing at 1041A n,Gt. tAI,A
My commission expires: 10/011 ao
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA
On this
I 5 day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of THE MEMORIAL FOUNDATION, and
he acknowledged he is authorized to execute this Settlement Agreement and acknowledged
said instrument to be the free and voluntary act and deed of THE MEMORIAL
FOUNDATION for the uses and purposes therein mentioned.
�‘GGARGqi
+ �//,ice
Comm. ExPlres
° 0ctober 01, 2020 Zy
•%�'9�� pt161.�p •C�.��
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
Print Na e:
a
y
Notary Public in and for --the State o
residing at yah(,, ,Y.‘c, fl
My commission expires: )p/0i1 a040
:S
ashington
On this (5 day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of MEMORIAL INFUSION CARE, and he
acknowledged he is authorized to execute this Settlement Agreement and acknowledged
said instrument to be the free and voluntary act and deed of MEMORIAL INFUSION
CARE for the uses and purposes therein mentioned.
\\`' GARGggiiii/i
-• --1.+pSAgy•
09 Nom'%
'-'3: wiy Comm. EXPires
to t October 01, 2020 : Z;
:9 •PUB'-\? ••C/'
.,. �� .. SIV ��\��.
Settlement Agreement - 13 of 19
Print me: Istr.Ny Ca cz.� —Dckvt S
Notary Public in and foe the State of Washington
residing at 1 cks , A
My commission expires: i b J b) 1 auac
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA
On this j 5171 day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of MEMORIAL WOUND CARE, and he
acknowledged he is authorized to execute this Settlement Agreement and acknowledged
said instrument to be the free and voluntary act and deed of MEMORIAL WOUND CARE
for the uses and purposes therein mentioned.
\\\ CCAIRGg4,%�
• 9
My Comm. Expires
N October 01, 2020 : Z
tea.
%'%�()F�WAS' `\.
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
Print I,me:
Notary Public in and f he State s f Washington
residing at y akji „mac, L u A
My commission expires: l0/ O 1 /,304.0
• AI.►. - cLaCv •
On this I C day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of MEMORIAL'S IMAGING AT YAKIMA
VALLEY MEMORIAL HOSPITAL, and he acknowledged he is authorized to execute this
Settlement Agreement and acknowledged said instrument to be the free and voluntary act
and deed of MEMORIAL'S IMAGING AT YAKIMA VALLEY MEMORIAL
HOSPITAL for the uses and purposes therein mentioned.
o\tttUUH,,,�
SCARGg9:
• O/
Q '� oTA9Y �•,9�
My Comm. Expires °
w N October 01, 2020 :•
AUBL\G
, C�:
///,,mu
'/ °P."'tNASN\\0
Settlement Agreement - 14 of 19
Print Nktne:
C
Notary Public in and for e State o
residing at \la. w Pc
My commission expir6s: o J o f I aoao
0.v;_S
ashington
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA
On this 1 5day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of CORNERSTONE MEDICINE, and he
acknowledged he is authorized to execute this Settlement Agreement and acknowledged
said instrument to be the free and voluntary act and deed of CORNERSTONE MEDICINE
for the uses and purposes therein mentioned.
\\CCARG4''4',,
et` . •90 ,;
'cr • �pT AA5 •.9G
▪ My Comm. Expires
• October 01, 2020 :-
-.17):,<‘▪ . •
Z:17>''• jOUBOG
V,/ WASN: \.\`
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
Print N e:
Notary Public in and f. e State o
residing at \I n c( WA
My commission expires: 1() %01 a0,11)
Avb
ashington
On this j 5 day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of NORTH STAR LODGE CANCER
CARE CENTER, and he acknowledged he is authorized to execute this Settlement
Agreement and acknowledged said instrument to be the free and voluntary act and deed of
NORTH STAR LODGE CANCER CARE CENTER for the uses and purposes therein
mentioned.
ti [11//////
G /`/%
y.••OTAq 4y`
▪ My Comm. Expires
▪ • October 01 2020 • —
7 • 'OUB \G ..c;0
cam•'•.
''i',?F rVVAN` `\\\
Settlement Agreement - 15 of 19
e:
Notary Public in and the State • f Washington
My commission expires: )c)/c) /(3.0010
STATE OF WASHINGTON
)
) ss.
COUNTY OF YAKIMA )
On this 15I -day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of MEMORIAL' S IMAGING AT YAKIMA
HEART CENTER, and he acknowledged he is authorized to execute this Settlement
Agreement and acknowledged said instrument to be the free and voluntary act and deed of
MEMORIAL'S IMAGING AT YAKIMA HEART CENTER for the uses and purposes
therein mentioned.
\\"`\\GCAR1G 1///�
.•�pTARy•.9G;
My Comm. Expires
7:7:0... October 01, 2020 : Z;
>` 'OUBUG�
,• ,S.N\ \ \�
///'/(WA\\\
STATE OF WASHINGTON
)
) ss.
Print me:
Notary ublic in and fo he State • ` Washington
residing at Y��;,,, W A
My commission expires: J o/U) /A,04.6
COUNTY OF YAKIMA )
On this 1511—day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of WATER'S EDGE PAIN RELIEF, and
he acknowledged he is authorized to execute this Settlement Agreement and acknowledged
said instrument to be the free and voluntary act and deed of WATER'S EDGE PAIN
RELIEF for the uses and purposes therein mentioned.
\\\\\\1111!111////
\\�M�Cd1RG4 /
,•••�GTARl- oy ,
: My Comm. : N =
Expires ;
0: October 01, 2020 •
�` 'OL/BL O •'���
/''�'P WAH\\\.
//,n11\\\\
Settlement Agreement - 16 of 19
Print me: c -Cut pay, S
Notary ublic in and fohe State bt Washington
residing at /AV;
My commission expires: 10/C)1 4 040
STATE OF WASHINGTON )
COUNTY OF YAKIMA )
ss.
On this )5 -13aay of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of COTTAGE IN THE MEADOW, and he
acknowledged he is authorized to execute this Settlement Agreement and acknowledged
said instrument to be the free and voluntary act and deed of COTTAGE IN THE
MEADOW for the uses and purposes therein mentioned.
\,�`��GCARGg9%,,/
�\\Q• • 0TAg1- O�N�,
My Comm. Expires :
01 October 01, 2020• •0
PUBOG
.,�,o0F'Vi/ASN\ \�•
STATE OF WASHINGTON )
COUNTY OF YAKIMA )
ss.
Oli Via,,, ,O.....__,
Print Na e: T. „r„ , _,t _,_
Notary P blic in and fe the State .f Washington
residing at ya1[,in-NAS P\
My commission expires: I 0 01 /,),(..110
On this 1 day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of OHANA MAMMOGRAPHY CENTER,
and he acknowledged he is authorized to execute this Settlement Agreement and
acknowledged said instrument to be the free and voluntary act and deed of OHANA
MAMMOGRAPHY CENTER for the uses and purposes therein mentioned.
��,
\\\\GGARG ���
/,/
..... 9,
90
;`Q�. �pTARy •.9�
My Comm Expires
N: October 01, 2020 : 2`
•
PUBLAG
O/,\9\�
9,-W• \�
Settlement Agreement - 17 of 19
Print ame: _ .. _ _ _ _ _ ay.
Notary Public in and fe the State • f Washington
residing at ya\n.a W R
My commission expires: p /DI /.).o.10
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
On this 1S/day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of SURGI-CENTER @ MEMORIAL, and
he acknowledged he is authorized to execute this Settlement Agreement and acknowledged
said instrument to be the free and voluntary act and deed of SURGI-CENTER @
MEMORIAL for the uses and purposes therein mentioned.
�\\\,tt�ttl/ff/
My Comm. Expires
October 01, 2020 :
P.
STATE OF WASHINGTON )
COUNTY OF YAKIMA )
SS.
Print a LS
Notary'Public in and f he State : Washington
residing at \i 01/4k.
My commission expires: I 0 /
On this 1 day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of LAKEVIEW PHYSICAL THERAPY,
and he acknowledged he is authorized to execute this Settlement Agreement and
acknowledged said instrument to be the free and voluntary act and deed of LAKEVIEW
PHYSICAL THERAPY for the uses and purposes therein mentioned.
\\\\tttiririi,ii
\\\fit YGARGg9• .%',/
�.. IOTA,? •.•9N
My Comm. Expires :
Y N October 01, 2020 .• .7z.
%9�'• '°UBLL0' •
.(0%
OF • WASH • \\\\\\
Settlement Agreement - 18 of 19
Print N.me: -- vLS
Notary Public in and fhe State .' ashington
residing at \ick\i;;,C W A
My commission expires: 10) b l 1a/Da-0
STATE OF WASHINGTON
)
)
COUNTY OF YAKIMA )
ss.
On this (S day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of MEMORIAL'S VALLEY IMAGING,
and he acknowledged he is authorized to execute this Settlement Agreement and
acknowledged said instrument to be the free and voluntary act and deed of MEMORIAL'S
VALLEY IMAGING for the uses and purposes therein mentioned.
outitr(riri
f..•
•NOT41?)-.4
MY Comm_ Expires
October 2
er 01 020 _
\\\\`i MCCAR� 7%,�
STATE OF WASHINGTON )
)
COUNTY OF YAKIMA )
ss.
Print Name:
Notary Public in and f he State c Washington
residing at Uo ry-.0„ wf
My commission expires: ID/01 /,9.09._1)
On this l F day of May, 2017, before me personally appeared Timothy A. Reed,
to me known to be the Chief Financial Officer of CHILDREN'S VILLAGE, and he
acknowledged he is authorized to execute this Settlement Agreement and acknowledged
said instrument to be the free and voluntary act and deed of CHILDREN'S VILLAGE for
the uses and purposes therein mentioned.
\\\\\\GCARiG%,
•. ,•c4.OTARy •.-17‘.*
My Comm. Expires :
N October 01, 2020 ; Z
Z�OF 1NASN,�`\
r/111111\\1
Settlement Agreement - 19 of 19
Print Tame: ' ' . C c cc\, S
Notary Public in and fo he State o Washington
residing at 7 ck\u,,.,c wP
My commission expires: ) p / d I /01 cJ
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 6.D.
For Meeting of: June 6, 2017
ITEM TITLE: Resolution authorizing a settlement with Yakima Valley Memorial
Hospital Association and related entities regarding charges
asserted by Memorial for health care and medical care and
services provided to City of Yakima Employee Medical Benefits
Plan covered employees and their designated dependents during
the period from January 1, 2015 through April 30, 2016
SUBMITTED BY: Connie Mendoza, Human Resources Director
SUMMARY EXPLANATION:
This Resolution authorizes the City Manager to consent to and execute a settlement agreement
entered into by the City of Yakima and Yakima Valley Memorial Hospital Association and related
entities ("Memorial") to resolve and settle charges asserted by Memorial for health care and
medical care and services provided to City of Yakima Employee Medical Benefits Plan covered
employees and their designated dependents during the period from January 1, 2015 through
April 30, 2016. Memorial has signed the attached Settlement Agreement, which describes the
terms of the agreement. The total amount of the settlement is $1,029,664. The City will pay this
amount in three separate payments of $729,664 in 2017, $150,000 in 2018 and $150,000 in
2019. The settlement will be funded from the Employee Health Benefit Reserve budget which is
used to pay the cost and expenses for health care and medical care and services.
Effective January 1, 2015, the City of Yakima Employee Medical Benefits Plan discontinued
participation in a Preferred Provider Network ("PPO"). Instead, the City entered into an
agreement with ELAP to conduct reviews and audits of health claims and reimburse
hospital/facility claims at a percentage of Medicare or on a Cost Plus model. Memorial is a
hospital/facility that did not agree with the ELAP reimbursement module, and for a period of time
the parties were not in agreement on the amount of payment for health care and medical care and
services provided to City of Yakima Medical Plan covered employees and dependents. The City
and Memorial have worked together to resolve the disputed charges for health care and medical
care and services, which has resulted in the attached Settlement Agreement. Effective May 1,
2016, the City of Yakima Medical Plan discontinued the contract with ELAP and subscribed to a
Preferred Provider Network.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR
SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
D Resolution 5/25/2017
D Settlement Agreement 5/25/2017
2
Type
Resolution
Backup Material