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    Mako Medical's contract with New Hampshire to provide COVID-19 testing.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    6K views38 pages

    Mako NH Contract

    Uploaded by

    Dan Kane
    Mako Medical's contract with New Hampshire to provide COVID-19 testing.

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 38
    rari Over monereta A oe > DEPARTMENT OF HEALTH AND HUMAN SERVICES OFFICE OF THE COMMISSIONER STREET, CONCORD, NH €33013857 a {e guhe8 Exe 920, ‘Common Fax: 6082714912 TDD Acces: TADLTIS2964 wodbhaahgov sty 13, 2020 bis Excelieney, Governor Christopher T. Sununu and the Honorable Counc! ‘State House Concord, New Hampshire 03301 INFORMATIONAL ITEM Pursuant fo RSA 4:45, RSA 21-P:43, and Section 4 of Execulve Order 2020-04 as extended by Executive Orders 2020-08, 2020-08, 2020-09, 2020-10, and 2020-14, Governor ‘Sununu authorized the Department of Heslth and Human Services, Ofice of te Conimissione, to enter info a Retroactive, Sole Source contract with Mako’ Medical Laboratories, LLC {VCETBD), Raleigh, NC in the amount of $8,000,000 to provide COVID-19 testing to residents land staff of long-tem care and other residential facies overseen by the Department, wih the ‘option o renew for up to two (2) additonal years, vffactve June 3, 2020, through December 31; 2020, 100% Federal Funds Funds are available inthe following accounts for State Fiscal Years 2020 and 2021, with the authorty to adjust budget fne items within the price limtalion and encumbrances between sate fiscal years through the Budget Office, needed and usted. (05-96-96-950010-19190000 HEALTH AND SOCIAL SERVICES, HEALTH AND HUMAN SVCS. DEPT OF, HHS: OFFICE OF THE CONIMISSIONER; COVID19 FEMA. | ‘Beate Fiscal van Classthccount [Class Title | Job Number [Tota 7 Conivads tor T voao | woasoasar | Copeae” | stance | 2100000 T ‘Subiaat| —_ $2,1085000 (05-96-90.902010-19010000 HEALTH AND SOCIAL SERVICES, HEALTH AND HUMAN SVCS_ DEPT OF, HHS: PUBLIC HEALTH SERVICES, BUREAU OF LABORATORY SERVICES, ELC ‘CARES CoviD-29 ‘State Flocall aan Class/Account | Class Tittle | Job Number Total 2000 | os-soorar | CQNME | soressi6 $3,900,000 ‘Subtotal $3,900,000 Total $6,000,000 ‘The Dearimenf Het ond Hanan Servi’ Mino ion canna ome “hein oportanie fer uo chive hah ond np. His Excollency, Governor Christopher T. Surunu ‘dnd the Honorable Council Page 2012 EXELANATION ‘This item i Sole Source because the Deparment identified the Contractor as having the “capaci toimmedalely begin proviéng COVID-18 vius testing ks to Nr+-based long-term care ‘and other reidental facies, to stow residents and staff o be tested. Further, the ost ks wil be retuned to the Contractor who vl parforn RT-PCR diagnostic Sars-CoV-2 tests. This tem is Retroactive to alow the Contractor to mmedately Begin stibutng tot kis to allow facies to begin to have siden and staff tated quicl. The strategic aim ofthis agreomentiso increase the rte al which reelcens end ett of longer care and other resident faclitos aro tested ‘order to help thewe faces respond tothe COVID-T8 pandemic In the manner that best protects ‘aeigents and staff Through the agreernest, the Contractor coordnetes specimen collection Processing. and communication with the iongdorm care of other residential facity and its Fesideris and staff concerning beth positive and negative test resuts. In the case of testing for residents, Mako Medical Laboratories wit bil tho patient’ insurance dresty residents recewng care under his or her Medicare Part A Skted Nursing benoit or has Medicais-only, Mako Medical aboratories wil il the fecity recy. fa patient is Uninsured of underinsured. and the facil is not responsible for payment, Mako. Medical Laboratories shal bal the Stato of New Hampshire forthe uninsured or underinsured patient at 2 rate of $7000 per test. n he cate of testing for staf, there are federal funds availabe to pay for the fret four tesing periods. Funding for ta isting wil be reviled thereafter. “The expectation is that the Coniracar shal test specimens from approximately ten (10) ‘ercont ofthe Sates 7,000 residents and “00% ofthe approximately 10,000 staf in long-tem fare and potentially oer residential facts at periodic intervals, The inal pesodic interval of ten (10) daye may be changed by agreement cf the Department and the Contractor depending ‘pon the trajectory of he COVIO-19 pander ’As referonced inthe agreement, the paris have the option to extend the agroement for up two (2) adaitonal years, contingent upor satisfactory delivery of services, avaliable funding, ‘2greement ofthe pares and appropriate Site approval, ‘rea srved: Statewide Source of Funds: 10% Federal Funds Respectuly submited, pam ee ‘Ts Deore Hlth on Hanae Sve Mia a incemmuinan fot. pgm tar fe san wos at nd ane FORM NUMBER P37 (efon 1209) Sebjece_Lab Teting for Long Term Care Failties COVID-19 (§8-2020-DPHS-19-LABTE-O!) THniee Ta ageematadalefimacner al ore pubic opr abmisono Gover {nee Counlar spor Any fama bat rien rrp ety Meteo te ecy ad ped on wig prvi gang te eon ve Hamper heey mal ape os: ‘GENERAL PROVISIONS 1._iwewrincarion, irene ary har enim eanedennseen | prema 15 tae 1 Ca A Mako Medical Labortaies LLC £451 Oaney Dive Ratigh Ne 2616 1 Ra RTT RT Es ra bent 9.200 | sc00000 | 13 Consig Ofc for Bae Reever 10 Siaie Ageney Telephone Nemmber madi, Dior eoyes0 Ta i TE aa TT ST ye one bafere| gn acm, (00 zm Tr Fie Tie Se A SI Deeg ®: Dice, HTT Ry CRE Fm Saad RCT 1 aA) 8% Cathie Ainae oO gsr19%20 TT a eR CTT TT Ci tmvnie CC Maing: Page ota Contto Iai of La Fash, aig trough the age) sendin lok 11 (Sine cngege eonmetoe ened block 13 {eoneciortpecerm nah Cont sl pete the Soo sof pat rbot eed nd more era “Woorbed we aches EXHISIT 8 which i corgeated rein by eferce (Seiet) 3, BFPECTIVE DATEICOMPLETION OF SERVICES. 31 Nowntsandlag ny poison of tus Agee the eneay, aa saeco be appro of the Coeron 26d Eneeute Cuno fe Sate of New Hh, apple ‘iveagreceny andl bigats of poresereune stall Ieome efective on te date the Covemee aod Exectve Come Sppve this Apeement a need in beck 117, Smrsnonehoptowerquich mnheasthe Agree Sor become efeive on te date Apres sged by {he Sane apegy shown nbc 113 (fete Date). So arte Contacor commences be Serves pr 1 te Eftesive One a Serves efomed bye Conca pro the Etctve Due shal be peor te soe ot the Conran saath even bis greet doeat become ‘Steve, he Sue sal ave 0 hab othe Conc, freon iho lenston, by sblgaion 10 pay Ge Conran for ny cons need of Services penned ‘Sonrasor max compte al Series by ie Compton One Spesid nick 19. 4 CONDITIONAL NATURE OF AGREEMENT. otsning a ponon a tis. Agreement 0 the ery, a ott of the Sete beruner, reg, Shou ination, th eanuance of payment eer, re tng upon vei and carne appopiaian of fines steed by any ete fede! estate execive (eon bn reds, eimwes_or terse odies the “roaton wali of dng forts Agee’ a este fr Senees rove in EXHINT 6, sl fore Inno vet shal fe Ste be le for any payment Aerendernencs of sch alae appro fn. Ihe nt of reucion or tmanon a propited i he ‘She sel fave he ght own payment nl uch ds Seen native, and sal tae eh rece oF {trie the Services unr bi Ares mediately vpn (Evng the Conc nee of such recucin or reminaton ‘Fhe shal note rue unser nds nay oer ‘oun ay oto the Aco eed lok 8 i the ‘rent ds ta cout reduced oruavale 5. CONTRACT PRICE/PRICE LIMITATION? PAYMENT. St the contact rice, mtd of payment adtesof payment the lentil and ve parley Severed fa EXHIBIT C The pn by th Se oft cooct piesa be te ny aod he compete reimbursement be Conn: at hpres ef where etre need by Ie Como in oe fevowntce barf, ad tall be the only ond the complete Page? of 4 cnt oh Comer ie Serves. The Sa hal ve iby tbe Carns te hn he oat price 3 Te Sue ries the rh of. fom any amounis there py the Caneactrande ts Ae those Aiud wont rogues ar permite by NH. RSA 807 though RSA 80: or ny er provsn af ae re Nata ty pronon i his Aeement 1 te couary ne vobethsunng anepecte arses, 60 ena he ou fal ayes ure tun) ade Fercnde ces the Price Umiaton st fri block 1 6 COMPLIANCE BY CONTRACTOR WITHLLAWS ‘AND REGULATIONS! EQUAL EMPLOYMENT ‘Opporuniry. tn semactan with the yerfarmance of the Serve, te Genter shal compiy wn all tplabe ses, av, ‘erloon, andor OF fete, se, eben o unica (thor wich pore aay agaton er ay open the ‘Snes edt, igh 2 eu ployment cporiyws. Inoitn 058 Agreement i ded nen pasty meee Unied Sas, te Cao fIaleonply eel eal tee orders ie, relations eto and why uly sins an pds se ‘Sate rhe Une Snes hat mplment ee relations. ‘The Contacee sal alo conpy wi a aplible mea pope vs, 2 borne te emo thi Arexmen, the Contactor sal nt ‘lsermmteagies egleyets or pps for employe tec tae aie ce aha. ‘hernionor ol ngnend wi we amie ano 5 The Conacinr apes topemi he Sale Ui Snes ‘Sestoanofte Gra od eared eu ‘Be prot efsereingconpnorwihlla regulations fed order, af he coven em ant codons of ‘Agee 1 PERSONNEL. 1 The Constr sal ot sn exer proie al peso secs top the Serer The Conta raat a [Hpeonel tngoged is Sonar thal be quid (efrm the. Sess, a sall be properly Heid and ‘heise norte oo sound pean $2 Oates eerie sored i rg. ig tee of ths Agecment tad fr 8 ped of oc () ros ae Ge ‘Contin Dae lock 7 he Cons al nai, Shall not pert enysxbeoacor pr oer pein, fh ‘xporion wh wen engaged loa combined eff 32 fev he Serves elite, ey peton who Wate emplyee Total, who mately vowed ia te precoene, Sinton or performace of this Ageerest. THE frown shal saris eatin oft Agent 5 the Connrang eens in eh 19- of i ob aces sl be be Staestopesetine Inbe ete oF) Sepae concerning the inereon of it Agree, Cobrecing Ofc eis sl be fal fr be Se Contractor Ital Date 4 EVENT OF DEFAULTEMEDIES. TEU Anyone or mor oft flowing os asso of he Consors ose an een detente (Es feat ELI fale to perform the Seiees sxstctly or on ‘etwas EL2 reset ay repo required Reread der 13 sre woprtem ny eer cover temo cnaon of ‘hs agree 12 Upon tbe ocanece of any Ben of Default Site ny {ake any oe ore, of belong won 1 ge be Conners uriten ote peng te Bento Dein end sequng ite beremeteg win, me sbeznce of ror ser aston oie, tty (30) dys a the iene, ede et ef Bela oe, itn Armen vee yaa Zp ne Contra writen note specing ie Event of Desa angering pays tobe eae nde his feeament an evn ht he pot ofthe contac pce ‘ther pod thew eer tothe Contr during the oe om he a of ach ec nt sacs ea he ae [emia thatthe Conca hs cued the Event of Deal. {hatsever bei te Contr, ED gnc Contactor wren nse spent Event of Det sad off gan ny eter ob gnons te Sate nay ‘othe Contacte any dames Sate ult y reson thy Even of Detat ani Edge Comncora writen pole speing the Event of Det eat the Agreement ay teachers the Aectean party a a ronorto y. i flare bye Sine tcf any rovisanshof afer try Event of ata shal te See a wer Tihs wih tegen tht Even of Dea oy subsequent Evel of Det No xref ence ry Event of efi shl Se eee wne ofthe igh ofthe Seo enforce ech and bi ef he proves heal spn ary fuer ter Eve of Det onthe pata he Conair o. TERMINATION. Ju Neowhtunding pacer 8 the Sm ay, a is sole discretion ether for any een, it whe or inp hy Gn dys wen nati Te Contr ht ‘hei exerng pt termine te Agree 3S ie evr lam eri termamton of ns reset fer fey reson es hun the completion of te Serves, he Conacor shal, ste Stes aceon, deliver 1 the ‘Conrcing te worth een (15) Sys ae te Ge titminalon 2 port (Tetminaon Rape) desing rut Services yeteona, an te ent pee eed fedcleing te eof eminton The fr jet a, {lnven ad abr f copies af he Tetmition Repos shall ‘eet ose ay Final Repo desetedin he sached EXiIBITBInsddin a he Stes Cert, tv Carcte Shall wid 5 dnp oft ety emiatin, ee thp ad Page 3 of 4 Tessin Pin forsee vder he 10, DATAACCESSICONFIOENTIALITY! PRESERVATION. TD as aed ibs Ageemes he wordt” sl exo a ternational hs develope or baled rig te pevtonos oor agate er eeeped by reason ois ‘ramen ning bt eo a ues ear ti omc sey maps, carts, sand rearing, vi reco gs, pera epacectns, Saver ease ‘epcsnaies, compu robes, compet ony, 0, Iekers nerd popes se Sse wither fis rani, TZ Asan ny propery obich a ben ected ome the Si or parte ts as proves fr bt pure tt een ete pepo net severed oth Se opon det or up emia thie Apecment fran rower 13 Conca of un alte goveed by HRSA hopes d1-A coe exiting Dacre ees pitts spr of Sa 1. CONTRACTOR'S RELATION TO THESTATE. inthe peormance ofthe Agreement tbe Contactor inal pes iincpenda cones nd fener epbm or 0 Employee afte Se, weer the Commas ne ey of ‘tau employes, ages omens sal ove aber ‘isthe Se or vee an benef, woes compensation bev emoluments provide by he Sto eployees. 12, ASSIGNMENTDELEGATIONSUBCONTRACTS. 12:1 The Constr sal a ag, o herve asker my Sure ach agresnent hot he rir ie ei, wich ‘ae provided tothe Sn at ent een (1) ys pro Ste wsigmeny ad awrite set fhe St For papas OF tho pronaph 0 Chenge of Coral stall cose ogimene "Change of Cone” means (0) neve, ntti or anon or resold wanton Shi'a rd pany toe one afl, becoes be hector nde over of ty pee (30%) ae of he Song shares or sie ay test, oF combined vg powe' of he Constr or @) hes of al cranial at Erte ct of he Concer 22" None of the Serves stall be bees by Coneaor wont wren niet cae of be Ste. ie obec oo signer my. 13 INDEMNIFICATION. Unlctarise emp by the Conrsor hl nd dl aes the Se, ‘tiers and taployer, fom ad again oy sd as, Abies snc fe sy esa ayury or oer anaes, patrtecopyeghintingcren or oer Carseat Re Sout offcr arcmplyse, whieh arse ct of wi tnt Be eatin to ae to) te 88 Fomine Conirator Iii Dae, z nic, or sbcotcos, caing bt nt lined the ‘selene reise ena endo. The Sate stl not ‘elt fr ny cou Ieured by he Cove asing ance ‘ispuegraph 1. Nowibwandng he forgoing air een ‘ont salt deme oenstiiae aero he soeegn freon ofthe Se wich mn een eserves the Shue Ts cover parigph 13 shall survive te ‘einai ofthis Agreemer INSURANCE. 41 The Contcine aa, at te ole expen, cbisin and ently” marin hfe, tnd al reue. Soy ‘Shreve bila std alti Fee, he ‘wing src: {i ebemerca gene abit insaroce gst tcl bay ae. de property dumege, in moet eft ‘estan 5160600 per acumen wt 3.003000 wgregse Te dap cline coverage fxm ovr al ope sheet spay 10.2 here nan enmt ots har took ot he wholetepesment velo te pope 112 the paces cerebean abpergraps 1 hers be ng fans and endaremenr approved ore a Oe Stale thew Hamp by tee NAL. Doparnet of nase, nd used rer ese ine Sato Ne anpaie 123 The Comet al fash fo te Cantey OfKcer enfin lock 19, ore ober sucess a ceria ef Insurer oral gree eqused naer 8 Agrees Concha fore otheCoarasing Oe iid Inbloe 19, ohio he sees, ceri) of nice [aise of nuance requedanter ths Agrees toh en 0) Gaye pio 0 tw expan te fea Inerace. poly, The erent) of isunce td ny ‘Mhewle hevafaab tached andre incor efcec, 15. WORKERS" COMPENSATION. 151 By gig hs apeemeny the Conn es, cies tg wraith Cour neomptnee he exempt ome be reqaments OFM RSA caper 26-8 (Varker Conpersti’). {22° totne eset te Conran sje the equemens OF NIE RSA ager 281A, Conair all sa, ane fegire my sibamrace of asignee to swe od mai Famest of Wore Caoprasaon ia cemmecion wih Fete wich epson propors lo undeakeparaat ss ‘genes The Contactors unsheConeacting OMTcet ‘rig ibe 9 ori oer sncessr, pot of Wark ompanotin in he mener deebed in NH RSR chap BUA tnd ey appeal renewal) thea, wah al be hoched md ve merposedHoren by rleene Toe Ste Ship be response fr payment of any, Wakes [Congenonionprosons eo hy ahr cae er for oncr, 1 any sobesnator be apg of Conran, stich hese ander applicable Stef New Hampse Worker’ Conperston tvs ia conection wit) te oemanc ofthe Sova de ts Agree. Page 4 of4 16. NOTICE. Any noise by 2 party ato the eter pny ‘hae dumed the bes dly aver piven atte tie ‘Stimaning oy eid al pstage pop Unie Stes ow Offie adresse fo the partes we eases veh In books 2a 1 hee 17 AMENDMENT This Aseemet may be amend, aired I dacarged ony by 2 ramet eg led byte ies helo and only afer approval f ss Senden Siver rsecare byte Gover and Exectve Counc of Ui Sa of New amperes no th prea regres tre ereomsace uae Sule ole). 8. CHOICE OF LAW AND FORUM. Thi Agrees sal tegen inated na eased in secrdance wi the so th Se of New Hampel ng vp ad Sneta beet he pris and erespeive sucess tnd top. Toe waking ae nts Agena the wong hove ye pares tosses tne and ne ‘eonracon sl be ype gia ori ve fy ary ‘Rey actos ang out fe Agee hl eo eh ‘named New ampieSupeor oo whit sa ave ‘chive jriaiien Deve 19, CONFLICTING TERMS. fo te ere of 2 confit Eevee he tame of the P97 fom (3 motel i EXIT 1) cad atachents denen theo, ems of he aPC moifedn EXHIBIT A) alleen 20, THIRD PARTIES. The partes tert dona iment io ‘ett any thd pares and thie Agrenem sll Ao te ‘insrngr confer by such bene 21, HEADINGS. The eating ought te Agreement ee i ference pupones oy, nd te ts enn! teen thalinne waybe heidi malty amply rin he inerreain,comucton ese ofthe pores fh ‘Ages 22, SPECIAL PROVISIONS. Addons or mating ovo set orn th stoked EXHIBIT Ae ncorpored Frrcin by eter 23, SEVERABILITY. Ine vet any ofthe prion: oft ‘Areomet me held by & su of eompexnt uacon be ‘ay tony seo fede! iy, the revaiing ponies "ie Agree emai fl fore fe. 24, ENTIRE AGREEMENT. Tht Agreement which yb cute ns amber af cusp, et f which shal be Seed an orga), cones te eee agreement tring beter hepa, ane supeseser lpi pent oaunersandigs wih epectone sue mate est Contractor litle Dawe New Hampshire Department of Health and Human Services, Lab Testing for Long Term Care Facilities - COVID-13 EXHIBIT A SSS REVISIONS TO STANDARD CONTRACT PROVISIONS 4, Revisions to Form P-37, General Provisions 4.4. Paragraph 2, Subparagraph 3.1, Etfective Date!Complation of Services, is amended as flows 3.1. Notwithstanding any provielon of this Agreemert fo'the contrary, and subject to the approval of the Governor issued under Executive Order 2020-04, as extended by Executive Orders 2020-C5, 2020-08, and 2020- 109, ofthe State of Naw Hampshire, this Agreemert, and all obligations of the parties hereunder, shall become effective upon execution of both partes (Effective Date") 1.2. Paragraph 3, Effective Date/Completion of Services, is amended by adding ‘subparagraph 3.3 as follows: 3.3. The parties may extend the Agreement for upto two (2) aditional years from the Completion Date, contingent upon satisfactory delivery of services, available funding, agreement of the parties, and required ‘governmental approval 1.9. Subparagraph 8.2.2 of Paragraph 8, Event of DefaultRemedies is deleted in its entirely, and the remaining subparagraphs in 8.2 are renumbered accordingly to read: 8.2 Upon the occurence of any Event of Default, the State may take any one, ‘oF more, oral, of the following actions: 8.2.4 give the Contractor a wien notice specifying the Event of Defauit {and requiring it to be remedies within in the zbsence ofa greater or sifcation of time, thity (30) days from the date of the notice; andi the Event of Defaults not timely cured, terminate this, ‘Agreement, effective two (2) days efter giving the Contractor notice of termination; 8.2.2 give the Contractor a written notice specifying the Event of Defaut, treat the Agreement as breached, terminate the Agreement and pursue any of is remedies at aw or in equly, or both, 4.4. Paragraph 12, AssignmentDelegation/Subcontracs, is amended by adding subparagraph 12.3 88 follows: 12.3, Subcontractors are subject to the same contractual conditions as the Contractor and the Contractor is responsible to ensure subcontractor ‘compliance with those conditions. The Contractor shall have writen ‘greements with all subcontractors, specifying the work to be performed Gnd how corrective sction shall he managed if the subcontractors seaemoonis usrE0) Paget? om "New Hampshire Department of Health and Human Services Lab Testing for Long Term Care Facilities - COVIO-19 EXHIBIT A performance i inadequate, The Contractor shall manage the ‘subcontractors performance on an ongoing basis and take corective ‘action as necessary. The Contraclar shall annually provide the State wth 2 list ofall ubcontractors provided for under this Agreement and notify the State of any inadequate subcontractor performance. sssomomisssussteot Page 202 Now Hampshire Department of Health and Human Services Lab Testing for Long Term Care Facilities COVID-19 EXHIBIT B Scope of S 41. Statement of Work 41.4. - For the purposes ofthis Agreement, all ferences to days chall moan calendar days. 4.2. Mako Medical Laboratories shall be responsible for providing test collection supplies, including test requisition forms, anterior nares swabs, ranspor tubes, overnight shipping labels and packaging for return shipping, os well a instructions for collection of specimens, directly to each long-term care or other residential faclty specified by the Division of Public Health Services. Mako ‘Medical Laboratories isnot responsible fo collecting samples from individuals being tested. 4.3. Mako Medical Laboratories agrees to perform the pretesting, testing and post- testing functions listed below. 1.3.1, Receive all specimens and paper test requisitions sent to it by long- term care or other residertial facilites. 4.82. Perform all pre-testng processing of paper test requisitions. 1.33, Peron testing 4.3.:1. The test to be performed is RT-PCR diagnostic Sars-CoV.2 test 1134. Provide results to the Division of Pubitc Health Services and the patient's heath care provider as specited on the test requisiton form, ‘and made availabe tothe patent upon request. 1.3.4.1. The esulls shall be provided within three (3) days after receipt ‘of specimens, 4.34.2, Allresults shall be reported electronically through the Division ‘of Public Heath Service's “ELR" system. Positive results shal 'be faxed to the Division of Public Health Services at 603-271- 0545. 114, Mako Medical Laboratories agrees to provide test collection supplies and perform presesting, testing and postesting as described above for the following anticipated test volumes: 1.4.1, 700 facility residents, representing approximately 10% of the ‘approximately 7,000 residents of long-term care facilites. 1.4.2, 10,000 facilty staf, representing approximately 100% of the approximately 10,000 staf in long-term care facies 1.4.3. Long-term care facility residents and staf shall be tested approximately every ten (10) days, with a lower imi of seven (7) Mao Medical ebro LLC ene Conrail, ‘Sszozo bens iocanTeot Page 103 at, New Hampshire Department of Health and Human Services Lab Testing for Long Term Care Facilities COVIO-19 18. 18, EXHIBIT B days and an upper limit of twelve (12) days. 4.44, The Division of Pubic Heath Services and Mako Metical Laboratories may agree toa different testing inlefval For facly staff testing during the fist forty (40) days folowing the Effective Date of this Agreement, Mako Medical Laboratories shall bil the Division of Public Health Services at a rate of $70.00 per test in accordance with the payment terms in Exhibit C. After expiration of the forty (60) day period, the Division of Pubic Health Services shal provide updated instructions fr biling for facity staff, If necessary, this Agreement may be smended to reflect any ‘ew terms, upon mutual agreement by the Mako Medical Laboratories and the Dhision of Public Health and Services. All samples sent to Mako Medical Laboratories for testing services willbe invoiced to the Dvision of Public Heath Services even inthe event resus not reported for an reason including, but not limited to samples which ate invalid, postive, inconclusive, not detected, rejected, etc For facility patients at all times folowing the Etfecive Date ofthis Agreement, Mako Medical Laboratories shal ill the palient's insurance directly. i 8 resident is receiving care under their Medicare Part A Skiled Nursing benefit (of has Medicad-only, Mako Medical Laboratones shail the facili diecty, Ifa patient is uninsured or underinsured and the facility is not responsibie for payment, Mako Medical Laboratories shall bil the State of New Hampshire for the uninsured or underinsurea patient ata rate of $70.00 per tes 2. Confidentiality 2a, 22. ‘Any end all confidential information obtained or received by the Contractor shall be kept confidential and shallnat be disclosed to anyonefor any reason, unless required by law. “Confidential Information” means at information owned, ‘managed, created, oF received from the Individuals, the Department, any oer ‘agency of the Stale, or any medical provider, that is protected by Federal or State information securly, privacy or confidentiality laws or rules. Confidential Information includes, bul is not limited to, Derivative Data, protected health information (PHI), personaly identtiabie informaticn (PID), federel tax information (FT), Social Security Administration information (SSA) and criminal justice information services (CuIS) and. any other sensitive confidential information provided under the Agreement. This covenant shall survive the termination of the Agreement. “The Contractor shall comply with the Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) (45 CFR Parts 160 and 164) under the Health Insurance Portabilly and Accountabilty Act (HIPAA) of 1996 3. Additional Terms 3, Impacts Resulting from Court Orders or Legislative Changes Mako Medial borates LC eon onan SSioapoonsisiaatent Page2et3 am Lelie New Hampshire Department of Health and Human Service Lab Testing for Long Term Care Facilities COVID-19. EXHIBIT B 3.4.4. The Contractor agrees that, to the extent future state or federal legislation, Governor executive orders, or court orders may have an lmpact on the Services described herein, te State has the right to modify Service priorlies and expenditure requitements under this ‘Agreement so as to achiave compliance therewith 4, Records 4a 42. & Culturally and Linguistically Appropriate Servic 5A ‘The Contractor shall keep records that include, but are not imited to: 4.1.1. Records reflecting al income received or collected by the Contractor Under this Agreement During the term of this Contract and the period for retention hereunder, the Department, the United States Department of Health and Human Services, and any of thelr designated representatives shall have access to all reports and ‘evords maintained pursuant tothe Contract for purposes of audi, examination, fexcerpls and transcripts, Upon the purchase by the Department of the ‘maximum number of units provided for in the Contract and upon payment of the price limitation hereunder, the Contract and all he obligations ofthe parties hereunder (except such obligations as, by the terms of the Contract are to be performed after the end of the term of this Contract andlor survive the termination of the Contract) shal terminate, provided however, that if, ipon review of the Final Expenditure Report the Deparment shall disallow any ‘expenses claimed by the Contractor as costs hereunder the Department shall {lain the right, at its discretion, to deduct the amount of such expenses as are disallowed of to recover such sums from the Contactor (cuss) ‘The Contractor shall submit and comply with detailed description of the Fanguage assistance services they will provide to persons with imited English profiaency andlor hearing impairment to ensure meaningful access to the Services included herein, within ten (10) days ofthe contract effective dale, abode Laborins, US eawue © conker nae Sehaoomus teiasrect : aap 8 om “Ufs/eece Now Hampshire Department of Heaith and Human Services Lab Testing for Long Term Care Facilities COVID-19 EXHIBIT C Baym 1. For the purposes of this Agreement, the Department has identiied the ‘Contractoras a Contractor, in accordance with 2 CFR 200.330. 2, Payment fr services biled tothe State of New Hampshire ia accordance with Paragraphs 1.6 and 1.6 of Exhibit B, Scope of Services, shall be on a cost reimbursement basis for actual expenditures Incurred inthe fulfilment ofthis, ‘Agreement as spected below. (Rite Fortes] ¥70 3. The Contactor shall submit an invoice for each testing interval described in Paragraph 14.3 of Exhibit B, Scope of Services, which identifies and requests feimburserent forthe total numberof testing kis requested by.the State. The Contractor shal ensure the invoice is completed, dated and returned to the Department in order to initiate payment. 4, Iniew of herd copies, al invoices may be assigned an electronic signature and ‘emailed to DPHScontractbiling@dhhs.nh.gov, or invoices may be mailed to: Financial Manager epactment of Healt and human Services DDivsion of Public Health Services Ar: Public Health Laboratories 2 Hiazen Drive Concord, NH 03304 5, The State shall make payment fo the Contractor for 100% ofthe amount due When the voice is recowved 6. The fal invoice shall be due fo the State no later than forty (40) days after the contract completion date specified in Form P-37, General Provisions Black 1.7 Completion Date. 7, The Contractor must prove the services in Exhibit B, Scope of Services, in compliance with funding requirements 8. The Contractor agrees that funding under this Agreement may be withheld, in whole or in part inthe event of non-compliance with the terms and conditions (of Exhibit B Scope of Services, © Notwithstarding anything to the contsary-herein, the Contractor agrees that funding under ths agreement may be withheld, in whole or in part, inthe event ‘of non-compliance with any federal or state law, ule oF regulation applicable to the services provided, oF i the said services or products have not been eoemeeeal ed on 2 Now Hampshire Department of Health and Human Services Lab Testing for Long Term Care Facilities COVID-19 EXHIBIT C ‘sallsfacioriy completed In accordance with the terms and conditions of tis ‘agreement, 10. Notwithstanding Paragraph 18 ofthe General Provisions Form P-37, changes limited. to adjusting amounts within the price limitation and adjusting ‘encumbrances batween Stata Fiscal Years through the Budget Office may be made by written agreement of both partes, without obtaining approval of the ‘Governor and Executive Council, if reeded and justited 11. Audits 11.1, The Contractor is required to submit an annual audit to the Department it any of the following conditions exit: 11.4.4. Condition A - The Contractor expended $750,000 or more in federal funds received as a subrecipient pursuant to 2 CFR Part 200, during the most recently completed fiscal year 11.42. Condition B = The Contractor is subject to audit pursuant tothe requirements of NH RSA 7-28, IIb, pertaining to charitable ‘organizations receiving support of $1,000,000 or more. 11.1.3. Condition © - The Contractor is @ public company and required by Seourty and Exchange Commission (SEC) reguiations to submit an anal financial audit 11.2, I Condition A exists, the Contractor shall submit an annual single auclt performed by an independent Certfied Public Accountant (CPA) to the Department within 120 days ater the close ofthe Contractor's fiscal year, Conducted in accordance with the requirements of 2 CFR Part 200, ‘Subpart F of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal awards 411.3. | Conédtion & or Condition C exists, the Contractor shall submit an annual financial audit performed by an independent CPA within 120 days after the close ofthe Contractors fiscal year 11.4. Inaddition to, and notin any way in imitation of obligations ofthe Contact, itis understood and agreed by the Contractor thatthe Contractor shall be held lable for any state or federal audit exceptions and shall return to the Department a payments made under the Contract to which exception has been taken, or which have been disallowed because of such an exception New Hampsnie Department of Heath and Human Services ean ‘CERT DING DRUG-FREE WORKPLACE REQUIREMENTS “The Vendor ened io Secton 1.3 ofthe Genera Proven agrees to comp withthe provisions of Becton 51812160 othe Brog Free Worglce At of 1968 (Pub. L. 100490, Te V, Suttle D4 U'S.C-70y et eg), and rer agrees to hove ha Cnract"s representative es ented in Sections 4151 and 142 oe General Provsions execute he falowing Certeton. [ALTERNATIVE | FOR GRANTEES OTHER THAN INDIVIDUALS. US DEPARTMENT OF HEALTH AND HUMAN SERVICES . CONTRACTORS US DEPARTMENT OF EDUCATION . CONTRACTORS, US DEPARTMENT OF AGRICULTURE - CONTRACTORS ‘ns cetifcatons equted ty the eguistions implementing Sectons 5151-8180 of he Gg Free Worssocs acto! 198 (Pub 100-00, Tie V. Sule D, <1 U S.C. 701 et oq) The Jaruay 31, ‘S00 ‘egulatons were arvandee and pec as Part Io! Be May 25, 1090 Fevera eur (0g¢s Heer blest ons reyureceten oy graniees (end nlerenes, ub grantee andr onrecios), porto arta they wi aniain a eug-ee worplece. Secton 3017620) ofthe fepuston proves that a ares (and by erence, ub goiees end sut-convacos thats 9 Sale ‘nay elect fo make one catieatin fo be Dearne each fede ca year in eu of ceca for {een grat dumg te leeral fecal yar covered by the cetzalon, The ceria et out Below is ‘taco renesertaton tc upon whch rl anee's pisces wn the agency awards the gre. Fase orteation or aaon a he ction sal be guns or suspension of payments, suspensin or ‘Srminaon of grantor goverment wee suspension or debameri Conracors usng hi form shOUS cena commissioner Ni Deparment of Healt ona Human Services 129 Pleasant Sues, Concord Wo 03301-8505, 1. The genie certs ttt wo wil continue o porte a drug-ee wapce by 71 puboing a talent aos employees al he unawi maniac, dtibuon, Sapensng, possession orvse os contol substance i probed inthe grarao's sronplce and spectying te etios tat wile taken against employees fr vain cf ch ender: 112. Exobishing en ongoing ig tee awareness program licen employees about Zt. The dongers of dug abutein the woke, 122, The grantee’ patey of manianng a arupsee workplace; LE3. Ray evalaole dug Counce, reobiiaton and employee assistance programs na 4124, ‘The penalies Oat may be mposee upon emsoyees for uy abuse welatons Cozuing nthe workpace 413, Making ta tequrement Dat each empoyae tb (ren copy ete sltemetreqareé by papa 14, Wang he employe Be slateman requre by paragraph (a that 38a consion of moyen under ne grate employee ll Me Abie by he ten fe statement ane 142. Notly be emptoyern wlng of hot er conlon fra vilson of ena rug Slate oeconing te wenplce naar tna ve eiendar days sar such 1.5. Neipng he agency in wring, wea en csenca days after eceving noice under Suoparopraph 2 fom an employee or aheurse rocevingactul nee of uch convicton. Employers convicted empoyees mus provide nloe, ncucng poston tle 1 every nt ter on whose gran ae he conned emoloee Was working ness the Federal agency gaged in the pertamance afte rst be a na 0 costo mens Oo en = i ain New Hampshire Department of Health and Human Services ‘exnbitD ‘as designated aconral pnt or he recip of suahnolces. Nobee sal incde he ‘enfeaion ruber) of each acted grant 18, Taxing one oft folowing aetns, wihin 50 calendar days of acing otic onder ‘Stepatagraph 1.42, wih respect any employee who sso convicied 5167. Totingsproprte personne acton agains en sn employee, upto andincudng termination, content wih ne requrerens of ha Reabtaion Ato 1873, 98 1162, Requtng sush emplyee to partpatecaltactol na dug abuse assistance or rerwbilation program epproved for such pu'poses by 8 Fede, Sister ca heat, lbw eloresmen oahe prope agancy 1.7. Making 2 good fit foo canine fo malin a drag oe weripace th Irpemantain of paragraphs 11.12. 13,1418, end 18, 2, The gente may nsetin the space provides Below the tes rhe pecormanceof wot done in conection wih te specie grant Place of Pesormance ses adress, iy, aunty, sae, code) (isteach ocabon) ‘Chock there ae wrksaces one Pat are nt dertied hoe Vendor Name (MALE MEDICAL. CaButArwres, CLC Tile: Som hea Coe tuners greg e vo ~ a ca "New Hampshire Department of Health and Human Services Ext ‘SERTFICATION REGARDING LOBBYING ‘The Vendor dati In Secon 1.3 ofthe Gane Provisions sarees to comply with the provisions ot ‘Secon 296 ef Putts Law 101-124, Governen wide Genoe for New Reavavanaon Lobbying, 51S 1982 and futher agrees have he Conoctarsroprosennve, os ents in Secions 111 {nd 1-1 ofthe General Proves execute the folowing Cenoston US DEPARTMENT OF HEALTH ANO HUMAN SERVICES - CONTRACTORS, US DEPARTMENT OF EDUCATION -CONTRAGTORS US DEPARTMENT OF AGRICULTURE "CONTRACTORS Programs eae apptcabe program covered FTemsoraty Asstaneeto Neea) ares Unga Te WA “Cite Suppor Enlrcement Progen under Te VO “Sec Serves Bock Gran Program under Te XX ‘edesis Program unde Tite X3 “Conmunty Servces Bock Gant under Tile VI Ont Cove Development ek Grant under TeV ‘The undersigned cries, othe besos or er knowledge and Bete, nat. 1. No Federal appropiate nds nave been pat or wt be pad by on behalf he undersigned, 1b ‘ny poten foxiniuenin aterptng toile an offeror erpoyes ary agancy, 2 Meer ‘1 Congress, an afer o employe of Congress, or an employe ca Member of Congress n ‘onmedtn wh te award g of any Feral contac coninuaten, oneal. amendmen tmostcaton of any Federl eanvect, ran loan of cooperaveapreornt ond by epecfe meron ‘Sbgraise or sbconaca) any finde oe: than Federal spproprated tans have ben pléo wb paid te any person fr Infusneing or atemptng to nuance an oficer or ampoyes of sy agency, # Meme! Congtess, ‘noficer or employes of Congress, or on employe ofa heme of Congress in comecton wh is Federal contact fant sn, cooperaive agreement (ar by spece meron sub rane ob Ceniracton, the underigned shal compas and eb Sanda’é Ferm LLL. (Oisoaure Form Rego Lobbying in assorance wih te nseton,ataehed ana identeg 28 Stancard MOLE) 3. Thoundersigned sallroque that te tngvage ofthis ceistion be ncded inthe award

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