HomeMy WebLinkAbout03-0326 Andres Medical Billing FIRST AMENDMENT AGREEMENT
THIS FIRST AMENDMENT AGREEMENT is hereby made and entered into
this2(4 day of Maj-C1,-, , 2003 , by and between the CITY OF
ELGIN, Illinois, a municipal corporation (hereinafter referred to
as the "City" ) , and ANDRES MEDICAL BILLING, LTD. , a
Cr--pora_A:( oiTh , (hereinafter referred to as "Andres" ) .
WHEREAS, the parties hereto have previously entered into an
agreement dated January 1 , 2002 by which the City has retained the
services of Andres to provide billing and collection services
(hereinafter referred to as "Original Agreement" ) ; and
WHEREAS, the parties hereto have each determined it to be in
their best interests to amend the Original Agreement to provide for
a First Amendment Agreement to provide for compliance with
applicable law.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
mutually acknowledged, the parties hereto hereby agree to amend the
Original Agreement as follows :
1 . Andres shall carry out its obligations under this First
Amendment Agreement and Original Agreement in compliance with the
privacy regulations pursuant to Public Law 104-191 of August 21,
1996 , known as the Health Insurance Portability and Accountability
Act of 1996, Subtitle F - Administrative Simplification,
Sections 261, et seq. , as amended ( "HIPAA" ) , to protect the privacy
of any personally identifiable protected health information ( "PHI" )
that is collected, processed or learned as a result of the Billing
Services provided hereunder . In conformity therewith, Andres
shall :
a. Not use or further disclose PHI except as permitted
under this First Amendment Agreement or as required by law;
b. Use appropriate safeguards to prevent use or
disclosure of PHI except as permitted by this First Amendment
Agreement ;
c . Report to the City any use or disclosure of PHI not
provided for by this First Amendment Agreement of which Andres
becomes aware;
d. Ensure that any agents or subcontractors to whom
Andres provides PHI , or who have access to PHI , agree to the
same restrictions and conditions that apply to Andres with
respect to such PHI ;
e . Make PHI available to the City and to any individual
who has a right of access as required under HIPAA;
f . Incorporate any amendments to PHI when notified to
do so by the City;
g. Provide an accounting of all uses or disclosures of
PHI made by Andres as required under the HIPAA privacy rule;
h. Make its internal practices, books and records
relating to the use and disclosure of PHI available to the
Secretary of the Department of Health and Human Services for
purposes of determining Andres' and City' s compliance with
HIPAA; and
i . At the termination of this First Amendment
Agreement, return or destroy all PHI received from, or created
or received by Andres on behalf of the City.
2 . The specific uses and disclosures of PHI that may be made
by Andres on behalf of the City include :
a. The preparation of invoices to patients, carriers,
insurers and others responsible for payment or reimbursement
of the services provided by the City to its patients;
b. Preparation of reminder notices and documents
pertaining to collections of overdue accounts;
c . The submission of supporting documentation to
carriers, insurers and other payers to substantiate the health
care services provided by the City to its patients or to
appeal denials of payment for same;
d. Other uses or disclosures of PHI as permitted by the
HIPAA privacy rule .
3 . Notwithstanding any other provisions of this First
Amendment Agreement or Original Agreement, this First Amendment
Agreement and Original Agreement may be immediately terminated by
the City, in its sole discretion, if the City determines that
Andres has violated a term or provision of this First Amendment
Agreement pertaining to the City' s obligations under the HIPAA
privacy rule, or if Andres engages in conduct which, if committed
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by the City, would result in a violation of the HIPAA privacy rule
by the City.
CITY OF ELGIN, a municipal ANDRES MEDICAL BILLING, LTD. ,
corporation a Cl_or.DnrcLA-2(
By .4 Byif
City Manage
e A .40,1
ofi`c e
Attest : e_co
City Clerk
F:\Legal Dept\Agreement\Andres Medical Billing.doc
3/12/03
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