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9 <br /> in the Jail is hereby granted the authority to seek necessary medical services for CITY <br /> prisoners without consulting with CITY officials; PROVIDED, that when it appears that a <br /> CITY prisoner due to illness will incur unusual or substantial medical expenses, the <br /> COUNTY shall notify the CITY prior to seeking treatment unless immediate treatment is <br /> required for a life threatening emergency. If Jail medical staff order immediate treatment, <br /> the COUNTY will notify the CITY as soon after the event as possible. The CITY and the <br /> COUNTY will comply with the requirements of the Health Insurance Portability and <br /> Accountability Act of 1996 (HIPAA) and Snohomish County policies and procedures <br /> regarding HIPAA. The COUNTY will credit amounts received from the prisoner's own <br /> health insurance and applicable public assistance before billing the CITY. <br /> Section 11. Method Of Payment& Billing Dispute Resolution Procedure <br /> (a) The COUNTY shall transmit billings to the CITY monthly. Within thirty (30) <br /> days after receipt, the CITY shall pay the full amount billed or withhold a portion thereof <br /> and provide the COUNTY written notice specifying the total amount withheld and the <br /> grounds for withholding such amount, together with payment of the remainder of the <br /> amount billed (if any amount remains). Acceptable grounds for withholding payments are <br /> restricted to alleged mistakes of the COUNTY in correctly calculating the amount the <br /> CITY owes the COUNTY. <br /> (b) Payments from the CITY shall clearly indicate that the payment is for Jail services <br /> and the period covered by the payment. <br /> (c) Withholding of any amount billed or alleging that any party is in violation of any <br /> provision of this Agreement shall constitute a dispute, which shall be resolved as follows: <br /> (1) The Director and CITY Police Chief or their designees shall attempt to <br /> resolve the dispute by negotiation. If such negotiation is unsuccessful, the dispute <br /> shall be appealed to the Chief Executive Officer of the CITY and the COUNTY <br /> Executive for settlement. If not resolved by them within thirty (30) days of referral, <br /> the Chief Executive Officer of the CITY and the COUNTY Executive 1) may by <br /> mutual written consent apply to the Presiding Judge of the Snohomish County <br /> Superior Court for appointment of an arbitrator whose decision shall be final and <br /> binding on both parties. OR 2) may invoke the procedures set out in RCW <br /> 39.34.180 (3) for binding arbitration. Each party shall pay one-half of the arbitration <br /> fees. <br /> (2) Any amount withheld from a billing, which is determined to be owed to the <br /> COUNTY pursuant to the dispute resolution procedure described herein, shall be <br /> paid by the CITY within thirty (30) days of the date of the negotiated resolution or <br /> appeal determination. <br /> Interlocal Agreement for Jail Services Page 8 of 20 <br /> 2005-2009 <br /> 65 <br />