AMENDMENT TO AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND
WEBMEDX

 

THIS AMENDMENT TO THE AGREEMENT, entered into this _____ day of _______________, 2007, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and WEBMEDX, hereinafter called "Contractor";

W I T N E S S E T H:

 

WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;

 

WHEREAS, the parties entered into an Agreement for the purpose of providing medical dictation and transcription services, using Contractor’s dictation and transcription proprietary software applications, on May 2, 2006, by Resolution 67962 (the “Agreement”); and

 

WHEREAS, the parties wish to amend the Agreement to add installation and maintainance of an Electronic Signature Authentication (ESA) system at San Mateo Medical Center (SMMC), to revise, in their entirety, Exhibits A and B thereto and to increase the maximum amount payable thereunder by $80,000.

 

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

   

1.

Exhibits A and B of the original agreement are amended in their entirety and replaced by the attached Exhibits A and B, which are incorporated herein by reference.

   

2.

Section 3, Payments, of the Agreement is amended in its entirety to read as follows:

   
 

3.

Payments

In consideration of the services rendered in accordance with all terms, conditions and specifications set forth herein and in Exhibit "A", County shall make payment to Contractor in the manner specified herein and in Exhibit "B". In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination. In no event shall total payment for services under this Agreement exceed FOUR MILLION THIRTY THOUSAND DOLLARS ($4,030,000).

   
   
   

3.

All other terms and conditions of the agreement dated May 2, 2006, between the County and Contractor shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

 
 

COUNTY OF SAN MATEO

 
 
 

By:

 

Board of Supervisors, San Mateo County

 
 

Date:

 
 
 

ATTEST:

 

By:

Clerk of Said Board

 
 
 
 

WEBMEDX

 
 

_______________________

Contractor’s Signature

 
 

Date: _____________

Exhibit “A”

Services

 

In consideration of the payments set forth in Exhibit “B”, Contractor shall provide the following services:

 

A.

Dictation and Transcription Services

 
 

1.

Transcription of dictated medical reports (the “Reports”) for County will be provided by Contractor 365 days per year. Contractor will provide turnaround times on the Reports as set forth in Exhibit B.

 
 

2.

Provide corrections to Reports where errors in transcription are made by Contractor’s transcriptionists at no charge to County. Amendments and addenda to Reports (“Report Modifications”) can be made by caregivers from time to time. Report Modifications will be charged at the same rate as the original Report. Charges for Report Modifications will only apply to those lines associated with such modifications to the original Report.

 
 

3.

Contractor will make sufficient initial training of 40 hours available to County caregivers and personnel to promote the continued, effective use of its services under this Agreement. Additional training will be provided upon County written request.

 
 

4.

Contractor will provide County certain access to and use of the Software during the term of this Agreement. Detailed information on the Reports will be provided to County through on-line reporting tools (the “Management Reports”).

 
 

5.

Contractor shall be permitted to perform scheduled maintenance on its system. Scheduled maintenance will not exceed four (4) hours per scheduled event, and written notice will be given at least seven days prior to performing such maintenance.

 
 

6.

Contractor will provide County caregivers sufficient backup toll-free telephone access and support to Contractor’s dictation system as to allow for its obligations to be met under this Agreement.

 
 

7.

Contractor will provide a transcription accuracy level of 98% and will provide reports necessary for County to verify the level of accuracy. The County may perform random audits to verify the level of accuracy.

 
 
 
 

B.

Other Professional and Support Services

 
 

1.

Implementation, Installation and Training, as defined and agreed to in the Workplan, of which the Workplan will be reviewed and agreed to within 30 days of contact signing.

 
 

2.

Siemens ADT Interface

 
 

3.

Optional Softmed Chartscript Interface

 
 

4.

Software technology and related data hosted at Contractor’s Tier 1 Data Center facility, which has 24x7x365 physical security and surveillance, access control and operations monitoring and support, providing 99.9% system availability. Contractor also has a secondary Data Center location as part of its disaster recovery plan.

 
 

5.

Solutions Center unlimited telephone support available 24x7x365 at no charge.

 
 

6.

Dedicated Account Management and Project Engineering support.

 
 

7.

Optimization Review - within 90 days of Go-Live, defined as the first day dictated medical reports are transcribed and delivered to County from Contractor’s production environment, and one year from Go-Live, Contractor will perform an on-site review, at no cost to County, focused on any recommendations to increase the effectiveness of County in its use of the Software.

 
   

Problem Resolution – Contractor agrees to the following problem resolution time frames

 
   

a.

Level 1 (system unavailable, no workaround) – Begin work within 30 minutes; issue to be resolved within 4 hours.

 
   

b.

Level 2 (system issues, but workaround in place) – Begin work within 2 hours; issue to be resolved within 24 hours.

       
 
   

c.

Level 3 (issues with minimal or no system impact) – Begin work within 24 hours; issue to be resolved within 72 hours.

 
 

8.

Project Manager – Contractor shall provide an experienced Project Manager. County shall review Project Manager’s qualifications and approve of Project Manager prior to assignment.

 

9.

Workplan – Within 30 days of the effective date of this Agreement, Contractor and County shall agree upon and approve in writing a project Workplan. Implementation will be performed in accordance with the project Workplan.

 
 

10.

Account Manager – Contractor shall provide an Account Manager who will be responsible for the ongoing relationship with County. The Account Manager shall review the service and support status with the Director of Medical Records on a regular basis.

 
 

11.

Response to RFP – Contractor’s response to the functional requirements (sections 7 through 14) in the RFP is incorporated into this Agreement.

 
 

12.

Change Orders – Any changes to the scope of the project or requests by County for additional services shall be in writing and approved by both parties.

 

C.

Electronic Signature Authentication: Effective February 1, 2007, Contractor will install and maintain an Electronic Signature Authentication (ESA) system that will give dictating physicians the ability to access their transcriptions, review and edit them online and sign them. The ESA system will be available to unlimited number of county users and will include the following:

 
 

1,

ChartFact interface development and testing

 
 

2.

Project management

 
 

3.

Development time

 
 

4.

40 hours of on-site training

 

D.

The Electronic Signature Contract is contingent upon the following:

   
 

1.

Printing - ( No automatic printing of reports)

 
 

2.

Reports will only be printed when necessary except for inpatients.

 
 

3.

Inpatients reports will continue to be printed in batches.

 
 

4.

Corrections will be overlaid and the final report and signed status electronically sent to LCR. A signed status will also be sent to Chartfact

 
     
 

5.

Sort printing by: (reports as necessary)This function will be mandatory for processing requests for audits and other miscellaneous chart review. (Currently all reports are filed into the medical record when clerks pull for coding, audits and other miscellaneous reviews that are voluminous. Because we will no longer file reports in the medical records we will need to be able to print according to the requests as listed below as necessary.

 
   

a.

work type

   

b.

date range (date of service, date of dictation, date of transcription)

   

c.

author

   

d.

location

   

e.

medical record number

 
 

6.

Inpatient report printing

 
   

a.

twice a day

   

b.

by search if necessary

 
 

7.

Alert System to automatically notify the medical records units when the system is down (partially or full system) e.g., if only electronic signature is down or transcription system is down the medical records department will be notified by alert system.

       
 
       
 
       
 
       
 
       
 
       
 
 
       
 
       
 
       

Exhibit “B”

Rates and Payments

 

In consideration of the services provided by Contractor in Exhibit “A”, County shall pay Contractor based on the following fee schedule:

 

A.

Dictation and Transcription Service Pricing

 
 

County will pay Contractor, as its sole source vendor of such outsourced services, at the rate of $0.0027 per Black Character. Also, when practical in terms of efficiency and productivity, Contractor will employ its Automated Speech Recognition (ASR) technology on select dictations, for which it will charge at the rate of $0.00256 per Black Character. When deployed, ASR will have no impact or additional requirements on County.

 
 

A Black Character is defined as the counting of any letter, number, symbol, and/or punctuation mark excluding any/all formatting (e.g., bold, underline, italics, table structure, and formatting codes). Each Black Character is counted once, even if formatted. Black characters for headers, footers and formatting on all pages, consistent with the sample reports included with the County’s Request For Proposal, are also included.

 
 

Contractor will be eligible for annual increases (that is, only once in 12 months) in its fees beginning on the first anniversary of the Go-Live date, as determined by multiplying the then current rate plus the percentage increase in the Consumer Price Index, Urban Wage Earners and Clerical Workers (CPI-W), U. S. City Average, Medical Care as published by the U. S. Department of Labor, Bureau of Labor Statistics ("MPI"). The MPI will be determined by comparing the most recently published rate to the rate one-year earlier. Under no circumstance will the increase exceed three percent (3%).

 
 

Contractor will submit invoices to County on a bi-weekly basis. The invoice shall cover the preceding two-week period for services rendered. Each billing period starts on Monday at 12:00 midnight and ends on the Sunday two weeks following at 11:59 P.M. The invoice will give detailed information of usage of each individual type category and dollar amount of each individual work type category. For any undisputed amounts which remain unpaid by the 30th day following the invoice date, County shall be assessed a late payment charge of one and one-half percentage (1 1/2%) of the unpaid amount for each succeeding thirty (30) day period or portion thereof in which the invoice remains unpaid. Amounts disputed in good faith shall not be subject to late charges and shall not be considered a breach by County. Contractor reserves the right to discontinue services to

 
 

County if any invoice has not been paid within sixty (60) days following the invoice date. Contractor agrees to expend reasonable and customary effort to notify County if compensation for services rendered is owed but not paid within the terms and conditions of this Agreement.

 

B.

Professional Fees

 
 

County will also pay Contractor for the following Professional Services:

 
 

1.

Implementation and Installation - $5,000, of which 50% is payable upon completion of the Workplan and 50% upon Go-Live.

 
 

2.

Siemens ADT Interface - $10,000, payable upon Go-Live.

 
 

3.

Optional Softmed Chartscript Interface - $5,000, payable upon Go-Live.

 
 

4.

Initial On-site Training - 40 hours at a fixed price of $2,500, to include travel & living expenses, payable upon completion. County will pre-approve all travel and living expenses.

 
 

5.

Additional Training – If requested by County, at the rate of $125 per hour, plus reasonable travel & living expenses.

 
 

6.

Software Upgrades and New Versions – no additional cost.

 
 

7.

On-site Hardware – no additional cost to County. Other than workstations, on-site hardware will be the property of Contractor.

 
 

8.

800 Telephone Line for emergency backup dictation in the event the primary on-site dictation service is unavailable, and Solutions Center support – no additional cost to County.

 

C.

Expected Volumes, Turnaround Times and Penalties

 
 

County could provide, and Contractor will have the capacity to transcribe 10,000,000 lines per year with the expected turnaround times (“TAT”) for all reports;

 
 

1.

STAT Reports – 3 hours

 
 

2.

H&P, Pre-op, and ED Reports – 12 hours

 
 

3.

All other reports except clinic notes – 24 hours

 
 

4.

Clinic Notes – 48 hours

 
 

Turnaround time for work dictated into the Contractor’s dictation system will be defined as the time between the completion of the dictation process by the caregiver and the time of the availability of a transcribed document to County. Turnaround time for work dictated into a dictation system other than Contractor’s will be defined as the time between the receipt of the dictation file into the Contractor’s transcription system and the time of the availability of the transcribed document to County.

 
 

Reports not received within the above turnaround times will be subject to a price reduction as follows:

 
 

Worktype

Expected TAT

If greater than

% credit

         
 

STAT *

3 hours

3 hours

2%

     

4 hours

4%

     

6 hours

6%

         
 

H&P, Pre-op, ED

12 hours

12 hours

2%

     

18 hours

4%

     

24 hours

6%

         
 

All other except clinic notes

24 hours

24 hours

2%

     

48 hours

4%

     

72 hours

6%

         
 

Clinic Notes

48 hours

48 hours

2%

     

72 hours

4%

     

96 hours

6%

   
 

* if STAT Reports exceed 2% of the total volume of reports in a given billing period, no credit will be applied to the related invoice.

   
 

NOTE: No credits will be incurred by Contractor for the first 60 days after Go-Live.

D.

Electronic Signature Authentication Fees

   
 

1.

Webmedx Enterprise Signature License – unlimited users, including first year implementation, maintenance, and support costs - will be billed at $53,000 (one-time fee ) 50% payable upon contract commencement and 50% due within 30 days of completion of training, go-live and the delivery of the Webmedx selective print function.

$53,000 includes the following:

       
   

a.

Soft Med ChartFact interface development and testing

   

b.

Project Management

   

c.

Development time

   

d.

40 hours of on-site training

       
 

2.

Annual Renewal License and Support Services will be billed at $10,000 annually (Year 2 and each subsequent year). This annual fee will include licensing, user support, maintenance, upgrades, enhancements and ongoing training assistance for Signature users after the first year.

     
 

3.

Additional training beyond the initial 40 hours will be billed at a rate of $125 per hour. Reasonable travel and lodging expenses will apply to all onsite services.