FY2023-30 MOU between KIB and PKIMC regarding 340B 19 Oct 2022MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
KODIAK ISLAND BOROUGH, ALASKA
AND
PROVIDENCE HEALTH & SERVICES
WASHINGTON d/b/a
PROVIDENCE KODIAK ISLAND MEDICAL CENTER
THIS MEMORANDUM OF UNDERSTANDING is entered into this 21sT day of
October, 2022 by and between the undersigned representatives of the KODIAK ISLAND
BOROUGH. ("BOROUGH"), and PROVIDENCE HEALTH & SERVICES -WASHINGTON
d/b/a PROVIDENCE KODIAK ISLAND MEDICAL CENTER, a Washington non-profit
corporation ("PKIMC"). PKI MC and. the B o r o u g h :may be referred to below collectively
as "Parties," or individually as "Party."
RECITALS:
WHEREAS, PKIMC is a non-profit hospital that: provides a disproportionate share of
healthcare services to the Medicare population,. in addition to supporting many programs that
benefit the indigent, uninsuredor underinsured population in the State of Alaska;.
WHEREAS,. PKiMC has participated as a covered entity in the drug discount program
established under Section 340B of the Public Health Service Act (the "34013 Program!) since
January 1, 2011;
WHEREAS, one of the requirements of the 34013 Program is that PKIMC must
maintain an agreement with a unit of the state or local government pursuant to which PKIMC.
commits to providing health care services to low income individuals who are not entitled to
Medicare or Medicaid benefits at no reimbursement or considerableless than full
reimbursement from these patients; and
WHEREAS, the Parties seek to reaffirm and ratify PKIMC's ongoing commitment to the
Borough to provide health care services to 'low income individuals who are not entitled to Medicare
or Medicaid benefits at no reimbursement or considerably less than full reimbursement, and the
Borough desires to accept such .commitments on behalf of the citizens of the Kodiak Island,
Alaska.
NOW, THEREFORE, in consideration of the mutual agreements and covenants
contained therein and :for other good and valuable. consideration, the receipt and sufficiency
of which hereby are acknowledged; it is mutually agreed. and covenanted, under seal, by and
between parties to this Agreement, as follows:
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1, During the
term of this Memorandum of Understanding, PKIMC agrees to continue its historical
commitment to the provision of health care to indigent, uninsured and underinsured residents
of Kodiak, Alaska, regardless of ability to pay; through the on-going operation of PKIMC in
conformance with its charity care policies and its commitment to .its charitable Mission and Core
Values.
MIA _. __ w ' a _ ► .. _
a) KIB accepts the .commitment of PKIMC set forth above;
b) KIB hereby acknowledges that the health care services provided by PKIMC
hereunder are in the public interest and are being provided to individuals who are not
entitled to benefits under Title VII or eligible for assistance under any State plan
pursuant to Title XIX of the Social Security Act, and
c) KIB acknowledges that PAMC is providing these services at no reimbursement.
or considerably Iris than full reimbursement from, the low income patients.
3: REPRESENTATIONS O F -C. PKIMC represents that as of the date hereof:
a) PKIMC constitutes a corporation duly organized and validly existing in good
standing under the laws of the State of Washington with the corporate power and
authority to enterinto and perform its obligations under this Memorandum of
Understanding; and
b) PKIMC is a tax-exempt corporation under Section 501(c)(3) of the Internal
Revenue Code of the United States, as amended, and under applicable laws of the State
of Washington.
4. . The term of this Memorandum of Understanding
shall continence on the date first above written and shall continue until terminated by either
party upon not less than sixty (60) days prior written notice to the other.
5. NOTICE. All notices required or permitted to be given under this Memorandum of
Understanding shalt be deemed given when delivered by hand or sent by registered or
certified mail, return receipt requested, addressed asfollows;
Sent to PKIMC: Providence Kodiak Island Medical Center
1915 E Rezanof Drive
Kodiak, AK 99615
Sent to KIB: Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615.
ATTENTION: Borough Manager
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6. GOVERNING LAW. This Memorandum of Understanding shall be governed by and construed in
accordance with the laws of the State of Alaska (excepting any conflict of law provisions, which would serve
to defeat application of Alaska substantive law).
IN WITNESS WHEREOF, PKIMC and the Kodiak Island Borough have executed this Agreement as
of the day and year first written above by duly authorized representatives.
PROVIDENCE KODIAK
ISLAND MEDICAL CENTER
KARL
HERTZ
Providence Health & Services Alaska
PKIMC Administrator and 340B
Authorizing Official
KODIAK ISLAND BOROUGH:
DAVID CONRAD
Kodiak Island Borough
Interim Manager
Attes
--t 4T-x—M
NOVA JAVIER
Kodiak Island Borough Clerk
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