MOA between KCPHD and Comprehensive Healthcare

Home Browse Search

IV. Investigation If there is a claim for damages that involves services provided under the auspices of this MOA, then each party will cooperate in any investigation into such matter by providing access to records, documents and witnesses, as permitted under applicable federal and state law. V. Insurance; Indemnification 1. Each party agrees to secure and maintain, or cause to be secured and maintained during the term of this MOA, Worker's Compensation and comprehensive general liability insurance for itself and its officers, directors, employees, contractors, and agents, consistent with prevailing standards. Each party agrees to include the other party as a named insured under its comprehensive general insurance policy. Each party agrees to secure and maintain, or cause to be secured and maintained, at all times during this MOA's term, policies of professional liability (malpractice, errors and omissions) insurance and/or self-insurance of at least $1,000,000 per incident and $3,000,000 aggregate against professional liabilities for itself and for its employed and/or contracted health care personnel. If either party's general or professional liability insurance is written in a "claims made," as opposed to an "occurrence" form, such party agrees to purchase or otherwise make arrangements for a "tail" or extended disclosure period policy for all activities so insured during the course of this MOA. In lieu of the professional liability insurance coverage specified above, KCPHD, at its option, may provide assurance to Comprehensive that KCPHD and the KCPHD or Comprehensive staff providing services at KCPHD, as applicable, have Federal Tort Claims Act coverage for professional liability actions, claims, or proceedings arising out of any and all negligent acts or omissions committed in the course of providing health services to patients at KCPHD. 2. Each party shall furnish evidence of insurance to the other party upon the other party's request, and upon the renewal of any required insurance coverage. 3. Each party will give the other party thirty (30) days advance written notice of any modification, termination, suspension, expiration, or relinquishment of insurance set forth in Section V(1). 4. Indemnification a. Comprehensive shall defend, indemnify and hold KCPHD, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors, or omissions of Comprehensive in performance of this Agreement, except for injuries and damages caused by the sole negligence of KCPHD. Page 5 of 10