MOU RE 340B PARTICIITPATON WITH PCH.PDF

MEMORANDUM OF UNDERSTANDING
BETWEEN
MARICOPA COUNTY
BY AND THROUGH ITS
DEPARTMENT OF PUBLIC HEALTH
AND
PHOENIX CHILDREN'S HOSPITAL, INC.
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this ______ day of
____________, by and between the Maricopa County by and through its Department of Public
Health, Arizona, a political subdivision of the State of Arizona, with its city offices located at
4041 North Central Avenue, Phoenix, Arizona, 85012 ("Department") and Phoenix Children's
Hospital, Inc., a non-profit corporation organized and existing under the laws of the State of
Arizona, located at 1919 East Thomas Road, Phoenix, Arizona, 85016 ("PCH").
RECITALS:
WHEREAS, PCH is an Arizona not-for-profit hospital that provides a disproportionate share of
healthcare services to the Medicare and Medicaid populations in addition to supporting many
programs that benefit the indigent, uninsured or underinsured population in Maricopa County,
Arizona;
WHEREAS, PCH participates in the drug discount program established under Section 340B of
the Public Health Services Act (the "340B Program");
WHEREAS, in order to continue its participation in the 340B Program, Phoenix Children's
Hospital must maintain an agreement with a municipality or unit of the state or local government
pursuant to which Phoenix Children's Hospital commits to provide medically necessary 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 from these patients;
WHEREAS, Department is a unit of state and/or local government;
WHEREAS, Phoenix Children's Hospital desires to make such a formal commitment to
Department; and
WHEREAS, Department accepts such commitments on behalf of the citizens of Maricopa
County, Arizona.
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained
therein and for other good a valuable consideration the receipt and sufficiency of which hereby
are acknowledged, it is mutually agreed and covenanted, under seal, by and between the parties
to this Agreement, as follows:
1. Commitment of Phoenix Children's Hospital to Provide Indigent Care.

During the term of this MOU, PCH will provide the children of Maricopa County with medically
necessary health care services, as required by law, regardless of ability to pay.
2. Acceptance and Acknowledgements of the Department
(a) Department accepts the commitment of PCH set forth above;
(b) PCH hereby acknowledges that the healthcare services it provides hereunder are in the
public interest and are being provided to individuals who are not entitled to benefits under
Title XVIII or eligible for assistance under any State plan pursuant to Title XIX of the Social
Security Act; and
(c) Department acknowledges that PCH is providing these services at no reimbursement or
considerably less than full reimbursement from these patients.
3. Representations of Phoenix Children's Hospital. PCH represents that as of the date hereof:
(a) Phoenix Children's Hospital constitutes a corporation duly organized and validly existing
in good standing under the laws of the State of Arizona with the corporate power and
authority to enter into and perform its obligations under this MOU; and
(b) Phoenix Children's Hospital is a tax-exempt corporation of under Section 501 (c)(3) of
the Internal Revenue Code of the United States, as amended and under applicable laws of the
State of Arizona.
4. Term and Termination. The term of this MOU shall commence 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 MOU shall be deemed given
when delivered by hand or sent by registered or certified mail, return receipt requested,
addressed as follows:
If to Department:
Maricopa County Department of Public Health
Attention:
4041 N. Central Avenue
Phoenix, AZ 85012
If to PCH:
Phoenix Children's Hospital, Inc.
Attention: Office of General Counsel
1919 East Thomas Road
Phoenix, AZ 85016
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6. Governing Law. This MOU shall be governed by and construed in accordance with the laws
of the State of Arizona (excepting any conflict of laws provisions which would serve to defeat
application of Arizona substantive law).
IN WITNESS WHEREOF, Phoenix Children's Hospital, Inc. and Maricopa County Department
of Public Health have, through their duly authorized representatives, executed this Agreement as
of the date first written above.
Agreed and Accepted.
For Phoenix Children’s Hospital, Inc. For Maricopa County by and through its
Department of Public Health
By: By:
Robert L. Meyer Steve Chucri
Printed Name Printed Name
President and Chief Executive Officer Chairman, Maricopa County Board of Supervisors
Title Title
Date Date
ATTEST:
_____________________________________
Clerk of the Board Date
APPROVED AS TO FORM:
____________________________________
Attorney for Maricopa County Date
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