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Medicaid Hospital Services Agreement

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Agreement Between Hospital and Nurse Staffing Agency

Agreement made on the (date), between

(Name of Nurse Staffing Agency), a corporation organized and existing under the laws of the state of

with its principal office located at

referred to herein as NSA, and

(Name of Hospital), a corporation organized and existing under the laws of the state of

with its principal office located at

referred to herein as Hospital.

Whereas, Hospital wishes to contract with NSA for the services of NSA in providing registered nurses (RN), licensed practical nurses (LPN) and nursing assistants (NA) to Hospital; and

Whereas, NSA is ready, willing, and able to provide such services as may be required by Hospital.

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Services

A. NSA understands and agrees that services to be provided Hospital under and pursuant to this Agreement shall be so provided on a day-to-day, as-needed, basis and that Hospital in its sole discretion shall determine its need, if any, for services or the continuation of services as may be provided by NSA under and pursuant to this Agreement.

B. NSA agrees to provide services upon the written request of Hospital and further agrees that the cost of such services shall not exceed the limitation of the cost set forth by Hospital's request.

C. When requesting services, Hospital shall specify the nursing classifications required (e.g., RN, LPN and/or NA); the applicable hourly or daily price for each specified nursing classification; the maximum allowable cost for each nursing classification; and the duration of services applicable to the request, including beginning dates and, when applicable, ending dates.

D. Hospital shall have sole discretion to establish the minimum qualifications necessary for the performance of any service to be rendered under and pursuant to this Agreement. Further, if at any time and at its sole discretion, Hospital determines that the services performed under and pursuant to this Agreement by any of the persons provided by NSA are not satisfactory, Hospital will so notify NSA in writing and NSA shall immediately withdraw such individual and, at Hospital's option, furnish an individual who meets the qualifications required.

2. Compensation

A. For labor expended by NSA in providing services under and pursuant to this Agreement, NSA shall be paid an amount equal to the applicable hourly or daily rate multiplied by the total number of hours or days actually worked by persons provided by NSA. The hourly or daily rate shall not exceed those rates set forth by Exhibit A attached hereto that are applicable to the labor classifications set forth by Hospital's written requests.

B. Actual expenses of persons provided by NSA incurred in the providing of services and directly related to such services, shall be reimbursed by Hospital to NSA at actual cost when supported by appropriate receipts.

3. Payment

Payment for services provided Hospital under and pursuant to this Agreement shall be net (number) days from the date of receipt by Hospital of NSA's invoice. NSA's invoice shall set forth, as a minimum, details of labor expended and expenses actually incurred as provided below:

A. NSA's invoice shall set forth the date or dates that persons provided by NSA actually worked in providing services under and pursuant to this Agreement. Beginning and ending dates shall be shown whenever services are provided uninterrupted over a period of time and individual dates shall be shown whenever services have been provided on a day-to-day basis. NSA's invoice shall clearly show the nursing classification, names of NSA-provided workers, applicable labor rates, and the total dollars claimed for the period. Whenever NSA provides services for an extended period of time, NSA shall submit its invoices for labor expended no less often than once each calendar month.

B. The expenses incurred by NSA-provided workers directly related to the providing of services under and pursuant to this Agreement shall be reimbursed by Hospital to NSA. Such expenses shall be supported by appropriate receipts and such other supporting details as may be required by Hospital. Payment shall be net (number) days from the date of receipt of invoice.

4. NSA-Provided Workers

NSA-provided workers who perform services for Hospital under and pursuant to this Agreement shall be bound by the provisions of this Agreement and NSA shall, at the request of Hospital, furnish to Hospital satisfactory evidence to that effect.

5. NSA Representation

NSA represents and warrants that NSA and its NSA-supplied workers have the right to perform the services required under and pursuant to this Agreement without violation of obligations to others, and that NSA and its NSA-supplied workers have the right to disclose to Hospital all information transmitted to Hospital in the performance of services under and pursuant to this Agreement.

6. Duration and Termination

This agreement shall become effective as of the date stated above and shall continue for a period of (period of agreement). In addition, this Agreement may be terminated pursuant to the following:

A. By either party, with or without cause at any time, upon (number) days' prior written notice; or

B. By Hospital, at any time, upon (number) days' prior written notice, if NSA assigns this Agreement, or any right or obligation under this Agreement, without Hospital's prior written consent; or if there is a change in the control or management of NSA that is unacceptable to Hospital; or if NSA ceases to function as a going concern, or to conduct its operations in the normal course of business.

7. Independent Contractor

The status of NSA is that of an independent contractor and not of an agent or employee of Hospital and, as such, NSA shall not have the right or power to enter into any contracts, agreements, or any other commitments on behalf of Hospital.

8. Health Insurance Portability and Accountability Act (HIPPA)

NSA agrees to execute a HIPPA business associates agreement should it now, or hereafter, be classified as a business associate as defined by HIPPA.

9. Insurance

NSA shall maintain in full force and effect, and upon the request of Hospital, shall furnish evidence satisfactory to Hospital that NSA maintains the following insurance coverages:

A. Comprehensive general liability insurance in the minimum amount of $ combined single limit that will cover any and all losses to Hospital property, property of third parties, or personal injuries caused by the acts or omissions of NSA.

B. NSA will carry workers' compensation and employer's liability insurance in accordance with applicable law.

10. Agreement Not to Hire NSA Nurses or Nurse's Assistants

Hospital acknowledges that the nurses and nurse's assistants to be supplied by NSA have been or will be recruited, oriented, and trained at great expense by NSA, and NSA has a compelling interest in maintaining its contractual relationship and expectancy of future contractual relationships with said nurses and nurse's assistants it supplies to Hospital. In addition, if the nurses and/or nurse's assistants supplied by NSA were to terminate their relationships with NSA and render services to the hospital as employees of the Hospital, the Hospital would be unfairly benefited, without adequate compensation to NSA. Accordingly, Hospital covenants that it shall not, during the term of this agreement and any renewals of it, and for a period of after such term and renewals, directly or indirectly, impair or initiate any attempt to impair the relationship or expectancy of a continuing relationship which exists or will exist between NSA and the nurses and/or nurse's assistants it supplies to Hospital. Hospital further covenants that during such term it shall not make offers or contracts of employment with said nurses and nurse's assistants for a period of after the initial term and any renewal of this Agreement.

11. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

12. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of

13. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

14. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

15. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

16. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

17. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

18. Counterparts

This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.

WITNESS our signatures as of the day and date first above stated.

By:

By:

Enter text

What the Medicaid Hospital Services Agreement Is

A Medicaid Hospital Services Agreement is a formal contract between a hospital and a state Medicaid program or managed Medicaid plan that defines covered services, reimbursement methods, reporting obligations, quality requirements, and provider responsibilities. It establishes the terms under which the hospital will provide care to Medicaid beneficiaries, the billing and claims process, prior authorization and utilization review rules, and conditions for enrollment, termination, and audits. The agreement governs compliance with federal and state Medicaid rules while allocating operational, financial, and recordkeeping responsibilities between parties.

Why this Agreement Matters for Providers and Payers

A clear Medicaid Hospital Services Agreement reduces payment disputes, clarifies compliance obligations, and documents responsibilities for clinical, administrative, and reporting tasks under federal and state Medicaid rules.

Why this Agreement Matters for Providers and Payers

Core Elements to Include in a Professional Agreement

A complete Medicaid Hospital Services Agreement combines operational details, financial terms, compliance clauses, and performance metrics so both parties have measurable expectations and remedies.

Scope of Services

Specify inpatient, outpatient, emergency, behavioral health, and ancillary services covered; include exclusions and referral obligations with enough detail for claims adjudication.

Payment Terms

Define reimbursement method (fee-for-service, DRG, per diem, bundled payment), timely filing limits, adjustments, and coordination of benefits procedures for accurate claim processing.

Eligibility & Enrollment

Describe provider enrollment prerequisites, credentialing, Medicaid provider number requirements, and procedures for roster updates and provider revalidation.

Quality & Reporting

Set performance measures, reporting frequency, encounter data submission standards, and remedies for failure to meet quality or reporting obligations.

Audits & Records

State rights to audit, document retention periods, access procedures, and dispute resolution steps for findings from utilization or payment reviews.

Compliance & Indemnity

Include HIPAA privacy/security obligations, fraud and abuse warranties, indemnification, suspension/termination triggers, and regulatory cooperation clauses.

Step-by-Step: Fill, Review, and Execute the Agreement

Follow a consistent sequence to avoid omissions and ensure the agreement is enforceable and ready for claims processing.

  • 01
    Prepare: Gather licensure, tax ID, and Medicaid numbers before starting.
  • 02
    Complete: Enter fields precisely and attach required exhibits and rate schedules.
  • 03
    Review: Legal and compliance teams confirm obligations and audit clauses.
  • 04
    Execute: Authorized signers sign and parties exchange countersigned copies.

Where the Agreement Goes After Signing

Agreements are routed to several parties and systems; knowing destinations avoids processing delays and ensures operational readiness.

  • State Medicaid Office: Primary filing location for enrollment and contractual records.
  • Managed Care Plan: Submit directly to payer for network participation and rate setup.
  • Internal Records: Store signed originals in the hospital legal or contracts repository.
  • Claims System: Update billing and EHR systems with contract terms and rates.

How to Configure an Online Completion Workflow

Set up a digital workflow that enforces required fields, attachments, and signer order for consistent processing.

Field Configuration
Signer Order Hospital signers then payer signers
Required Attachments License, W-9, rate schedule
Authentication Email link or SMS code
Audit Trail Enable timestamps and IP logging

Technical and Security Requirements for eSubmission

Ensure the platform supports secure transmission, durable storage, and required authentication for legal and HIPAA-sensitive workflows.

  • Document Formats: PDF, DOCX, and scanned images
  • Authentication: Email link, SMS code, or KBA
  • Privacy Controls: HIPAA-compliant storage options

eSignature Vendor Comparison for Executing Agreements

Common vendor features and starting prices are shown to help planners compare core eSignature capabilities relevant to Medicaid agreements.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day free trial Yes Yes Yes Yes
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Key Risks and Potential Penalties for Errors

Claims Denial: Payment withheld
Repayment Liability: Overpayment recovery
Regulatory Penalties: Civil fines possible
Contract Termination: Network removal risk
Audit Findings: Records subject to review
HIPAA Violation: Possible civil penalties

Common Mistakes to Avoid When Preparing the Agreement

  • Using inconsistent provider names or tax IDs between exhibits and the body, which can delay credentialing and payments.
  • Leaving reimbursement terms vague or failing to attach the required rate schedule, creating later disputes over allowable charges.
  • Omitting required attachments such as licensure, W-9, or certification documents, which can cause immediate rejection.
  • Relying on unsigned or improperly authorized signatures; ensure signers have delegated authority and documents are countersigned.

Who Typically Completes or Signs This Agreement

Coordinated review across these functions reduces risk and speeds implementation once the agreement is executed.

  • Hospital contracting or revenue cycle teams that handle billing configuration and claims submission.
  • Legal and compliance teams that review indemnities, audit rights, and regulatory clauses.
  • Senior executives or board-authorized officers who sign on behalf of the hospital.

Typical Authorized Signers and Their Roles

John Miller, Hospital CFO

As chief financial officer, John is authorized to execute reimbursement and payment-related contracts, approve financial exhibits, and certify billing capabilities. His signature confirms fiscal commitment and budgetary authority for the hospital.

Sarah Gomez, Medicaid Program Manager

Sarah coordinates operational requirements, such as reporting, utilization review, and clinical network obligations. She ensures technical attachments and claims routing instructions are accurate and feasible for hospital systems.

Typical Timelines and Processing Expectations

Key milestones and deadlines affect enrollment, claim submission, renewals, and appeals — follow state-specific timelines for accurate processing.

Effective Date:

Date specified in the agreement; governs start of obligations

Provider Enrollment:

Allow 30–90 days for state credentialing and enrollment

Claim Submission:

Timely filing windows vary by state; commonly 90–365 days

Contract Renewal:

Typically annual or per term in agreement

Appeals Window:

Varies by payer; often 30–180 days

Key Milestones From Negotiation to First Paid Claim

A sequential view of milestones shows the path from initial negotiation to revenue recognition once claims are accepted.

01

Negotiation

Agree terms and attach rate schedules and exhibits

02

Execution

Authorized signers sign and exchange countersigned copies

03

Enrollment

Provider enrollment and payer system setup completed

04

First Claim

Billing system submits first adjudicated and paid claim

Real-World Examples of Agreement Use

Examples illustrate common scenarios where hospitals use these agreements to secure payment and define responsibilities.

County Hospital Expansion

A county hospital executed an agreement to add behavioral health inpatient beds and define bundled rates for episodes of care.

  • The payer required a specific bed-day rate and reporting cadence.
  • The agreement reduced prior authorization delays by documenting clinical criteria and establishing a weekly data exchange for utilization monitoring and reconciliation.

Rural Network Participation

A rural hospital negotiated favorable per-diem rates to join a regional managed Medicaid network.

  • The contract included telehealth reimbursement specifics.
  • Including clear telehealth definitions and billing codes enabled the hospital to integrate virtual visits into revenue cycle processes without later disputes.

Frequently Asked Questions About Medicaid Hospital Services Agreements

Answers to common questions about e-signing, signature authority, retention, and state variations for these agreements.


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