HomeMy WebLinkAboutAllen Memorial Hospital - MOU - 9.7.2021MEMORANDUM OF UNDERSTANDING
BETWEEN
The City of Waterloo, Iowa
AND
Allen Memorial Hospital Corporation, Waterloo,
Iowa
THIS MEMORANDUM OF UNDERSTANDING is made this 1st of January, 2021 by and between the
undersigned representatives of the City of Waterloo, Iowa, located at 715 Mulberry St, Waterloo, IA 50701 and
Allen Memorial Hospital Corporation , a non-profit corporation organized and existing
under the laws of the State of Iowa, located at 1825 Logan Ave., Waterloo, Iowa ("Allen").
RECITALS:
WHEREAS, Allen is an Iowa not -for -profit hospital that provides a disproportionate share of healthcare
services to the Medicaid population in addition to supporting many programs that benefit the indigent, uninsured or
underinsured population in the State of Iowa;
WHEREAS, Allen desires to participate in the drug discount program established under Section 340B of
the Public Health Services Act (the "3408 Program")
WHEREAS, in order to participate in the 340B Program, Allen must enter into an agreement with a
unit of the [sate or local] government pursuant to which Allen commits to provide 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, Allen desires to make such a formal commitment to The City of Waterloo, Iowa ;
and
WHEREAS, The City of Waterloo, Iowa agrees to accept such commitments on behalf of the citizens in
Allen's service area in Iowa.
WHEREAS, Both parties acknowledge the program has been under contract since 2013.
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 Allen to Provide Indigent Care.
During the term of this MOU. Allen agrees to continue its historic commitment to the provision of
health care to indigent., uninsured and underinsured residents of its service area in Iowa. In 2019,
this commitment totaled approximately $11.650.000 in uncompensated care. Pursuant to this
commitment, it is the intention of Allen that indigent care provided during the term of this MOU
will range generally between $11.000,000 and $15.000,000 million. In any event, Allen will
assure that all patients will receive necessary care, as required by law, regardless of ability to pay.
2. Representations of Allen. Allen represents that:
(a) Allen constitutes a corporation duly organized and validly existing in good standing under
the laws of the State of Iowa, with the corporate power and authority to enter into and
perform its obligations under this MO U; and
(b) Allen 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 Iowa.
(c) Allen is providing healthcare services provided in the public interest and 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
(d) Allen is providing these services at no reimbursement or considerably less than full
reimbursement from the patients.
3. Acceptance and Acknowledgements of the City of Waterloo, Iowa.
(a)
The City of Waterloo, Iowa accepts the commitment of Allen set forth above;
(b) The City of Waterloo, Iowa hereby acknowledges Allen's representations that the healthcare
services provided by Allen 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
4. Term and Termination. The term of this MO U 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:
Sent to: Waterloo, Iowa
Attention: Mayor
715 Mulberry St
Waterloo, IA 50703
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Sent to: Allen Memorial Hospital Corporation
Attention: President/CEO
1825 Logan Ave
Waterloo, IA 50703
6. Governing Law. This MOU shall be governed by and construed in accordance with the laws of
the State of Iowa (excepting any conflict of laws provisions which would serve to defeat
application of Iowa's substantive law).
IN WITNESS WHEREOF, Allen and the Waterloo, Iowa have executed this Agreementas of the day and
year first written above by their duly authorized representatives.
CITY OF WATERLOO, IOWA ALLEN MEMORIAL HOSPITAL CORPORATION
By: C�„�� l HG� 1a By•
Name: Quentin Hart Name: PAtn-(a J( P a , rde I
Mayor Title: Ma Y Title: P d eta T
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