Res 2012-126 - Laserfiche WebLink

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governing the City and have been duly authorized and approved by the City Council as and to the extent required by applicable law; C. Neither the City, nor any of its representatives are (i) currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs; (ii) convicted of a criminal offense related to the provision of health care items or services but not yet excluded, debarred, or otherwise declared ineligible to participate in the Federal health care programs; or (iii) under investigation or otherwise aware of any circumstances which may result in the exclusion of the City, or any of its representatives, from participation in Federal health care programs; d. This Agreement has been duly and validly executed and delivered by the City and constitutes the valid, legal, and binding obligation of the City, enforceable against the City in accordance with its terms; e. The City receives funds derived from taxes, assessments, levies, investments, and other public revenues within the sole and unrestricted control of the City. Notwithstanding anything in this Agreement to the contrary, any decision by the City to provide funding for the program for or on behalf of City is at its sole discretion and subject to the appropriation of sufficient funds by City. L The City has entered into this Agreement after a public meeting held in compliance with the TEXAS OPEN MEETINGS ACT IN CHAPTER 551 OF THE TEXAS GOVERNMENT CODE at which a majority of City council voted to execute this Agreement; g. The City agrees to consider transferring Public Funds to HHSC via IGT for use as the non - federal share of Waiver Program Payments to the Hospital in accordance the Waiver Program in amounts, if any, determined appropriate by the City, in its sole discretion; h. All transfers of Public Funds by the City to HHSC to support the Waiver Program Payments to the Hospital under the Waiver Program comply with: (1) The applicable regulations that govern provider - related donations codified at SECTION 1903(w) OF THE SOCIAL SECURITY ACT (42 U.S.C. § 1396B(w)), and TITLE 42, CODE OF FEDERAL REGULATIONS, PART 433, SUBPART B, SECTIONS 433.52 AND 433.54; and (2) The conditions approved by the federal Centers for Medicare and Medicaid Services (CMS) for governmental entities' and private hospitals' participation in the Waiver Program. i. The City has not received and has no agreement to receive any portion of the Waiver Program Payments that are made by HHSC to the Hospital under this Agreement INDIGENT CARE AFFILIATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND CENTRAL TEXAS MEDICAL CENTER PAGE 4