Ordinance 2014-66 - Laserfiche WebLink

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Confidential training workshop to provide Facility instructors with the necessary guidelines to teach the SilverSneakers class according to Program specifications. Two (2) instructors from Facility will be able to attend the initial workshop at no charge; additional instructors who pre- register may attend the initial workshop for a nominal fee. h) Facility Staff Qualifications. All fitness professionals who come in contact with Members shall be qualified for their respective positions. All group exercise instructors must 1) possess current CPR certification; 2) be eighteen years of age or older; and 3) either hold a two (2) or four (4) year degree in health, exercise science, recreation or physical activity related field; or hold a current license for the following: RN, LPN, LMT, LPT, RYT; or hold a nationally recognized instructor /trainer certification that is available to the general population and requires continuing education courses and CPR certification as criteria for recertification. Each instructor teaching a SilverSneakers group format class must complete the Healthways instructor training workshop for that class prior to teaching and once every four (4) years thereafter. i) SilverSneakers Program Advisor. Facility shall designate one staff member as the SilverSneakers Program Advisor, who shall serve as a liaison to Healthways and as a resource person for SilverSneakers Members utilizing the Healthways Network, and is knowledgeable concerning all services provided by Facility to Members. j) Guest Pass Program. Facility shall provide Program services to persons presenting a Healthways guest pass. Properly documented guest visits will be counted the same as a Member visit for purposes of calculating Facility's compensation. 2. Medicare Compliance for Program(s) Provided to Medicare Recipients. In recognition that Sponsoring Organization and its subcontractors may be obligated to comply with all applicable federal governmental regulations regarding services to Medicare members, including the rules and regulations of the Centers for Medicare and Medicaid Services (CMS), Healthways and Facility mutually agree to comply with the following for services provided to Medicare members. a) Compliance with Federal and State Laws. Facility acknowledges that payments made to Facility under this Agreement may be made from federal funds. Therefore, in connection with all services rendered under the Agreement, Facility agrees to comply with the requirements of the contracts between Healthways' customers and CMS (the "CMS Contracts "), and all applicable federal and state laws and regulations and CMS guidance and instructions, including, but not limited to all Medicare laws, such as the Medicare Modernization Act and the regulations contained in 42 CFR Parts 422 and 423; all applicable state and federal privacy and security requirements, including but not limited to the confidentiality, privacy and security provisions for Medicare health plans contained in the regulations found at 42 CFR 422.118 and 42 CFR 423.136; and all applicable laws, regulations and guidance designed to prevent fraud, waste or abuse of federal funds, including the False Claims Act (31 U.S.C. 3729 et seq.), the Anti- kickback statute (Social Security Act § 112813(b)), and HIPAA administrative simplification rules (45 CFR Parts 160, 162, and 164). b) Right to Inspect. Facility acknowledges and agrees that the Department of Health and Human Services (HHS), the Comptroller General, or their designees, or any applicable state or federal governmental entity, or Sponsoring Organization, shall have the right to inspect, evaluate, and audit any pertinent contracts, books, documents, papers, and records involving transactions related to services provided under this Agreement to Medicare Members. Facility shall maintain accurate records of compliance with this Agreement ( "Records ") in accordance with recognized accounting and document retention practices and in a format that shall permit audit. Such Records shall be maintained by Facility for a period of ten (10) years following expiration or termination of this Agreement. This right to inspect shall extend for a period of ten (10) years from the termination date of the CMS Contracts (or applicable CMS Contract), or the date of completion of any audit in connection with the Medicare health plans, whichever is later. Facility will make its books and other records available in accordance with 42 CFR 422.504(i)(2) and 42 CFR 423.505(1)(2) and any other applicable laws and regulations. In the event Facility is unable to retain such records for ten (10) years, Facility shall provide the records to Healthways at the conclusion of this Agreement and Healthways will retain the records on behalf of Facility. Al RFC V2014 -2 8of10