MARICOPA COUNTY ATTORNEYS OFFICE AMENDMENT 4 - PCH SIGNED.PDF

Maricopa County — Formal (2022-04-20)

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FOURTH AMENDMENT
TO
AGREEMENT BETWEEN
MARICOPA COUNTY (MARICOPA COUNTY ATTORNEY’S OFFICE)
AND
PHOENIX CHILDREN’S HOSPITAL, INC.

This Fourth Amendment to the Agreement between Maricopa County (Maricopa County
Attorney’s Office) (“MCAO”) and Phoenix Children’s Hospital, Inc., (“PCH”) (collectively referred
to as the “Parties”) is effective upon approval by the Maricopa County Board of Supervisors.

RECITALS

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 April 12, 2017
(the “Agreement”); and

WHEREAS, the Agreement has been amended through a First Amendment effective November
20, 2019, a Second Amendment effective April 08, 2020, and a Third Amendment effective January 3,
2022.

NOW, THEREFORE, the Parties hereto amend the Agreement according to the terms and
conditions set forth below:

1. Attachment A – List of Advocacy Centers and Providers: Attachment A shall be
replaced with a revised Attachment A to update the list of Providers, which Attachment A
is attached to this Fourth Amendment.

2. Attachment C: Compensation and Reimbursement: Attachment C shall be replaced
with a revised Attachment C to incorporate a new section 4, as set forth below. All other
sections of Attachment C remain unchanged. A revised Attachment C is attached to this
Fourth Amendment.

“4. MCAO will reimburse Phoenix Children’s Hospital $819 for each skeletal
examination in cases of suspicious deaths of children under the age of two years old
without having to consult the Medical Examiner’s Office to gain approval to do the
postmortem skeletal survey.”

DocuSign Envelope ID: 90FD6020-F47B-424F-B355-FA27B173BE1D

PHOENIX CHILDREN’S HOSPITAL, INC.

BY:

Authorized Representative

Date

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

DocuSign Envelope ID: 90FD6020-F47B-424F-B355-FA27B173BE1D
Physician-in-Chief, COO PCMG
/
3/28/2022 | 2:12 PM MST

ATTACHMENT A:

List of Advocacy Centers and Providers (as of the date of execution of the Fourth
Amendment)

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. Pebble Creek Pkwy, Suite A-200
Goodyear, AZ 85395

Scottsdale Family Advocacy Center
10225 E. Via Linda
Scottsdale, AZ 85258

Chandler Family Advocacy Center
229 E. Boston
Chandler, AZ 85225

Glendale Family Advocacy Center
6830 N. 57th Drive
Glendale, AZ 85225

DocuSign Envelope ID: 90FD6020-F47B-424F-B355-FA27B173BE1D

Providers/Team members

1.
Lisa Kirsch, MD
2.
Haley Dietzman, FNP
3.
Julie Baumgarth, RN, PNP
4.
Kim Dent, PNP
5.
Cindy Nelson, PNP
6.
Veronica Anguiano, MA
7.
Linnea Kettering, MA
8.
Stephanie Aceves, MA
9.
Kara Mitchell, SANE RN
10.
Sydney Silversmith, SANE RN
11.
Jessica McCormick, SANE RN
12.
Wendy Dutton, MA, PhD, LPC, Forensic Interviewer
13.
Amy B. Heil, Ed.S, Forensic Interviewer
14.
Diane Munoz
15.
Prabodh Hemmady, MD
16.
Narry Savage, MD
17.
Lindy Teraji, RN
18.
Ashleigh Wood, RN
19.
Kelly Deckard, FNP (starting in 2022)
20.
Sierra Aldana, MD (starting in 2022)

DocuSign Envelope ID: 90FD6020-F47B-424F-B355-FA27B173BE1D

Attachment C: Compensation and Reimbursement

1. MCAO will reimburse Phoenix Children’s Hospital at a rate of $865 for services under
Attachment B, Section 3 above. This includes a one-hour pretrial interview with defense
counsel, consultation with the assigned prosecutor and court testimony, including any retrials.

2. MCAO will reimburse Phoenix Children’s Hospital at a rate of $350 per interview for Forensic
Interview services provided by Phoenix Children’s Hospital as described in Attachment B,
Section 2 above. This includes a one-hour pretrial interview with defense counsel, consultation
with the assigned prosecutor and court testimony, including any retrials.

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. MCAO will reimburse Phoenix Children’s Hospital $819 for each skeletal examination in cases
of suspicious deaths of children under the age of two years old without having to consult the
Medical Examiner’s Office to gain approval to do the postmortem skeletal survey.

5. 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.

5.1. 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

6. 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
$300.00 per case.

DocuSign Envelope ID: 90FD6020-F47B-424F-B355-FA27B173BE1D

7. 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.

8. Expert witness in court testimony by a medical provider shall be provided upon request by
MCAO at a rate of $300 per hour. This fee is only for those cases not originally brought to
Phoenix Children’s Hospital for services as described in Attachment B, section 7 above. Any
pretrial interview requested by the defense shall be paid by the defense at a rate of $250 per
hour, prorated at 15-minute increments after the initial hour. If the defense attorney is OPDS,
Phoenix Children’s Hospital will bill MCAO. If the defense attorney is private, MCAO will
notify the defense of the need to pay Phoenix Children’s Hospital in advance for the cost of the
interview based on the length of the interview the defense is requesting.

9. Expert witness in-court testimony by Forensic Interviewer shall be provided upon request by
MCAO at a rate 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 11 above. Any pretrial
interview requested by the defense shall be paid by the defense at a rate of $200 per hour,
prorated in 15-minute increments after the initial hour. If the defense attorney is OPDS,
Phoenix Children’s Hospital will bill MCAO. If the defense attorney is private, MCAO will
notify the defense of the need to pay Phoenix Children’s Hospital in advance for the cost of the
interview based on the length of the interview the defense is requesting.

10. 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.

DocuSign Envelope ID: 90FD6020-F47B-424F-B355-FA27B173BE1D

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.

DocuSign Envelope ID: 90FD6020-F47B-424F-B355-FA27B173BE1D