FIRST AMENDMENT PCH AGREEMENT (09.23.19).PDF

FIRST AMENDMENT
TO
AGREEMENT BETWEEN
MARICOPA COUNTY (MARICOPA COUNTY ATTORNEY’S OFFICE)
AND
PHOENIX CHILDREN’S HOSPITAL
-----------------------------------------------------------
This First Amendment to the Agreement between Maricopa County (Maricopa County
Attorney’s Office) and Phoenix Children’s Hospital (this “First Amendment”) is made as of
______________, 2019, by and between Maricopa County, through the Maricopa County
Attorney’s Office (“MCAO”) and Phoenix Children’s Hospital (“PCH”) (collectively referred to
herein as the “Parties”).
R E C I T A L S:
A. WHEREAS, the Parties entered into a certain Agreement regarding professional
services for medical evaluation and examination in cases of child and other sexual abuse, effective
as of April 12, 2017 (the “Agreement”).
B. WHEREAS, the Parties desire to amend the Agreement in accordance with the
terms and conditions provided below.
C. NOW, THEREFORE, in consideration of the mutual obligations and agreements
contained herein, and for other good and valuable consideration, the parties hereby covenant and
agree as follows:
1. Capitalized Terms. Any term that is capitalized, but not otherwise defined in this First
Amendment, will have the meaning ascribed to it in the Agreement.
2. Attachment A: List of Providers and Advocacy Centers. The parties agree to replace the
list of providers and advocacy attached to the Agreement as “Attachment A” with the revised
“Attachment A” attached to this First Amendment.
3. Attachment C: Compensation and Reimbursement. The parties agree to replace the
compensation and reimbursement terms attached to the Agreement as “Attachment C” with the
revised “Attachment C” attached to this First Amendment.
4. Miscellaneous. Except as specifically modified by this Amendment, all of the terms and
conditions of the Agreement remain in full force and effect.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by duly
authorized officers as of the day and year first written above.
PHOENIX CHILDREN’S HOSPITAL INC.
By: __________________________ __________________________
Jared Muenzer, M.D. Date
Chief Operating Officer, PCMG
MARICOPA COUNTY, ARIZONA (for itself and MCAO)
By: __________________________ __________________________
Chairman, Board of Supervisors Date
ATTESTED BY:
BY: __________________________ __________________________
Clerk of the Board Date
APPROVED AS TO FORM:
BY: __________________________ __________________________
Counsel for Board of Supervisors Date

Attachment A: List of Providers and Advocacy Centers
Advocacy Centers:
Mesa Family Advocacy Center
225 E. 1st Street Suite
Mesa, AZ 85201
Childhelp Center of Arizona
2120 N. Central Ave Suite 130
Phoenix, AZ 85004
Southwest Family Advocacy Center
2333 N. Pebblecreek Pkwy, Suite A-200
Goodyear, AZ 85395
Providers/Team members
Lisa Kirsch, MD
Kathryn Coffman, MD
Cynthia Nelson, PNP
Haley Dietzman, FNP
Candy Wampler, FNP
Julie Baumgarth, PNP
Kimberly Dent, PNP
Kim Yeakel, PNP
Rachel Arbuckle, RN
Nicole Galvan, RN
Annie Wilkins, RN
Wendy Dutton, Forensic Interviewer
Amy Heil, Forensic Interviewer
Marcia Bluth, MSW
Veronica Anguiano, CPT Associate
Linnea Kettering, CPT Associate
Diane Muñoz, CPT Associate Lead

Attachment C: Compensation and Reimbursement
1. MCAO will reimburse Phoenix Children’s Hospital at a rate per case of $865.00 for services
pursuant to Attachment B, Section 3; this does not include sexual maturity rating services
described in Attachment B, Section 5, and Forensic Interview Services described in
Attachment B, Section 11.
2. MCAO will reimburse Phoenix Children’s Hospital at a rate of $350.00 per interview for
Forensic Interviews Services provided by Phoenix Children’s Hospital as described in
Attachment B, Section 11.
In addition to the rate of reimbursement enumerated in Attachment C, Sections 1 and 2 above,
MCAO will reimburse Phoenix Children’s Hospital for:
3. The actual cost of laboratory tests, but MCAO will not be required to reimburse any costs over
$350.00 per case; provided, however, that a minimum/flat fee of $300 per case shall apply to
lab costs in each sexual abuse case. The parties understand that the nature and number of
laboratory tests to be provided is dependent upon many variables, including the person's
presentation and history or the request of the law enforcement agency; therefore, the parties
agree that in those cases that are mutually agreed upon by the parties in advance, additional
laboratory tests may be conducted.
4. Medical records review and consultation with prosecutors during case preparation for cases
that were not originally brought to Phoenix Children’s Hospital for services described in
Attachment B, Section 13 above. These services will be charged at a not-to-exceed rate of
$500.00 per hour. Medical records reviews shall include providing MCAO with a written
opinion upon completion and testifying in court as necessary.
4.1. At the request of MCAO for records reviewed as set forth in Attachment B, Section 13
above, the Phoenix Children’s Hospital shall provide, through the Team members, expert
witness testimony in court and depositions, attend and participate in joint interviews with
both prosecution and defense counsel present, participate with and assist prosecutors with
pre-trial preparation, consult with representatives of law enforcement, and participate in
case staffing upon reasonable notice and accommodation of the Team member’s hospital
schedules
5. Sexual Maturity Rating services to determine gender and maturity levels based on evidence
shall be provided only upon the request of law enforcement at a not-to-exceed amount of
$250.00 per case.
6. Review of non-medical records to determine the existence of risks to the health and well-being
of a child at the request of law enforcement AND with prior approval from MCAO shall not
exceed $300.00 per case.
7. Expert witness in-court testimony by a provider shall be provided upon MCAO request at a
rate of $300 per hour. This fee is only for those cases not originally brought to Phoenix
Children’s Hospital for Services described in Attachment B, Section 13.

8. Expert witness in-court testimony by Forensic Interviewer shall be provided upon request by
MCAO at a not-to-exceed amount of $300.00 per hour. This fee is only for those cases not
originally brought to Phoenix Children’s Hospital for services under Attachment B, Section 3,
above.
9. Phoenix Children’s Hospital assumes sole and exclusive responsibility for payment of any
federal and state income taxes, federal social security taxes and other mandatory governmental
deductions or obligations, including worker's compensation for any and all of its employees,
and agrees to hold County and MCAO harmless for any and all liability which the County of
MCAO may incur because of Phoenix Children’s Hospital's failure to pay such taxes or
obligations.
Method of Payment; Invoice and Timeliness Requirements
The Phoenix Children’s Hospital will submit a statement or invoice for services performed the
previous month by the 15th of each month. The invoice shall include, at a minimum, the following
information regarding each case for which payment is claimed for the Records Review and
Reporting or Expert Witness Related Services:
• the name of the Provider(s);
• the type of Service provided (Records Review and Reporting, or Expert Witness Related
Services);
• the date(s) on which each Service was provided;
• the number of hours devoted by each Provider to furnishing the Service on each date; and
• the name of the MCAO deputy county attorney or other representative who requested the
Service described on the invoice.
MCAO will, within (30) thirty business days from the date of receipt of the Phoenix Children’s
Hospital statement or invoice, process and remit to the Phoenix Children’s Hospital a warrant for
payment. Should Maricopa County make a disallowance in the claim, in whole or in part, the
Phoenix Children’s Hospital may dispute the disallowance. In the event PCH has not received
payment, PCH will notify Maricopa County of any unpaid invoices within forty-five (45) days of
invoice being sent to facilitate a timely resolution.
The Phoenix Children’s Hospital understands and agrees that Maricopa County will not honor any
claim for payment submitted more than six months after the date of service. The Phoenix
Children’s Hospital understands and agrees that Maricopa County will not process any claim for
payment for Services rendered prior to the termination date of this Agreement submitted more than
(60) sixty days after such termination date without the approval of MCAO.