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Home My WebLink AboutStony Brook Hospital/Sullivan RESOLUTION 2021-508 ADOPTED DOC ID: 17158 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-508 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 2021: RESOLVED that the Town Board of the Town of Southold hereby authorizes the settlement of the litigation entitled “The State of New York By and Through SUNY Stony Brook Hospital v. Town of Southold”, and further authorizes Supervisor Scott A. Russell to execute the Settlement Agreement and Release, subject to the approval of the Town Attorney, and further authorizes payment in the sum of $150,000 to Plaintiff in full settlement of all claims asserted against the Town of Southold. Account CS.1910.4.300.800 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Sarah E. Nappa, Councilwoman SECONDER: Louisa P. Evans, Justice AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans ABSENT: Scott A. Russell S SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is made by the State of New York ("State") by and through SUNY Stony Brook Hospital ("SBH"), a general hospital licensed under Article"28 of the New York Public Health Law, located at 101 Nicolls Road, Stony Brook,New York, and the Town of Southold, located at 53095 NY- 25, Southold,New York("Town"), and is effective as of July 1, 2021. WHEREAS, former Town employee George Sullivan, 275 Mid Farm Road, Southold, New York, incurred charges for medical services at SBH from December 25, 2014,through February 13, 2015 (the"Settlement Period"); and WHEREAS, at the time of his admission to SBH on December 25, 2014, Mr. Sullivan had health insurance coverage with the Town through the Town's insurer Island Group; and WHEREAS, total SBH charges for Mr. Sullivan's admission were $608,417.65, the Island Group Rate of 75% of total charges brought total charges to $456,313.18, and to date Island Group on behalf of the Town has paid $139,858.57, bringing the current balance due to SBH to $316,454.67; and WHEREAS, SUNY Upstate has demanded payment of the claim from the Town; and WHEREAS, the State having a right of action against George S8ullivan and,the Town to recover the principal sum of$316,454.67, plus the cost of service of process, which is the cost for medical services rendered; and NOW, THEREFORE, the parties wishing to settle the dispute between them as to SBH 's demand to the Town for the payment of all claims arising during the Settlement Period, for and in consideration of the representations made, actions to be undertaken, and payments to be made as set forth herein. IT IS HEREBY AGREED AS FOLLOWS: 1. Settlement and Release of all claims arising during the Settlement Period. A) The Town agrees to pay to SBH $150,000 in full satisfaction of SBH's demand for payment of this claim within 30 days of the effective date of this Agreement. B) In consideration of the payment described in paragraph 1(A) and the other terms of this Agreement, the parties hereto, on behalf of their principals, officers, directors, employees, former employees, agents, predecessors, successors and assigns, both individually and in their, official capacities, hereby mutually release and discharge each other, and their principals, officers, directors, employees, former employees, agents, predecessors, successors and assigns, both individually and in their official capacities, from any and all causes of action seeking payment of any claims for 5 medical services provided to,George Sullivan during the Settlement Period, including but not limited to claims for interest, attorney's fees and costs. 2. Non-Assignment of Claims. SBH represents and warrants that it has not and will not assign or transfer any portion of the claims released herein to any other entity or individual, and that no other entity or individual has any lien, claim, or interest in any of such claims. Any attempt of either parry to assign this Agreement without the prior written consent of the other shall be void. 3. Severability. Should any provision of this Agreement be declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, including the release language, such provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect. 4. Jurisdiction. This Agreement and any claims arising hereunder or related hereto shall be governed by and interpreted in accordance with the laws of the State of New York. Each party hereby, consents to jurisdiction and venue of any legal action brought to enforce any rights, duties or obligations under this Agreement in the Supreme Court of the State of New York for County of Suffolk. 5. Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors, heirs and assigns of the Town and SBH. 6. Full and Independent Knowledge. The Town and SBH acknowledge that each has been represented by legal counsel in connection with the preparation and review of this Agreement, and that they have had an opportunity to discuss with an attorney the meaning and effect of this Agreement. Each parry further represents that it carefully read and understands the scope and effect of each provision contained in the Agreement, and that it hereby waives any rights it may have to claim that the Agreement be construed against any other party. Each party further represents that, except as specifically set forth herein, it does not rely and has not relied upon any representation or statement made by any other party hereto or any of their representatives with regard to the subject matter, basis or effect of this Agreement. 7. Complete Agreement. This Agreement contains the entire agreement between the parties on the subject matter contained herein and all prior understandings or agreements between the parties merged herein. This Agreement cannot be modified except by a writing signed by both of the parties. 8. Authority to Sign. Each parry represents that the person signing this Agreement has legal authority to sign and to bind the entity to the terms of the Agreement. 2of3 l ' 9. Counterparts. This Agreement may be signed in counterparts IN WITNESS WHEREOF, the parties hereto have approved and executed this Settlement Agreement and Release on the date(s) specified below. Dated: UVI Q ad , 2021 Town of Sout By: Printed Name Title: -row 1 su'U L -P STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: On thisaJ day of JU NLp , 2021, �� I�u SS�,� , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, appeared before the undersigned, a notary public in and for the State of New York, and acknowledged to me that s/he executed the within instrument by his/her signature on the instrument. LAUREN M.STANDISH Notary Public-State of New York No. 01 ST6164008 Qualified in Suffolk County NOTARY PUBLIC Commission Expires April 9, 2023 Dated: , 2021 SUNY Stony Brook Hospital By: Brian Fullerton, CPA, MBA Title: Chief Financial Officer STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: On this day of , 2021, Brian Fullerton,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, appeared before the undersigned, a notary public in and for the State of New York, and acknowledged to me that he executed the within instrument by his signature on the instrument. NOTARY PUBLIC 3 of 3 9. Counterparts.This Agreement may be signed in counterparts IN WITNESS WHEREOF, the parties hereto have approved and executed this Settlement Agreement and Release on the date(s) specified below. Dated: ,2021 Town of Southold By: Printed Name Title: STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss: On this— day of , 2021, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument,appeared before the undersigned,a notary public in and for the State of New York, and acknowledged to me that s/he executed the within instrument by his/her signature on the instrument. NOTARY PUBLIC Dated: Ju( , 2021 SUNY Ston rook Hospital By: Brian.Fullerton, CPA Title: Director of Revenue Cycle STATE OF NEW YORK ) COUNTY.OF SUFFOLK ) ss: d On this Z day of ,2021,Brian Fullerton,personally known to me or proved to me on the basis of sadfactory evidence to be the individual whose name is subscribed to the within instrument, appeared before the undersigned,a notary public in and for the State of New York, and acknowledged to me that he executed the within instrument by his signature on the instrument. NO owty Awa o t l� fterou�9D{trit� 3 of 3 o�a�c 7904 Sol 18/24/2028 J U L o 2021 W oy C1;�.k ® Sou�;. � ".:f . ;f ikRCEIVE® Office of the Town Attorney Town of Southold JUL 1 5 2021 Town Hall Annex, 54375 Route 25 Southold Town Clerk P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: July 14, 2021 Subject: Settlement and Release Stony Brook Hospital / George Sullivan With respect to the above-referenced matter, I am enclosing the original Agreement. Thank you. mmm Enclosures