Exhibit 10.187


 


 


	
   

  	
  

  



 


HMO IPA/MEDICAL GROUP PROVIDER AGREEMENT
[WITH

AFFILIATED CAPITATED HOSPITAL]


 


Amendment I


 


This is the first Amendment to
the HMO IPA/Medical Group Provider Agreement [With Affiliated Capitated
Hospital] (hereinafter “Agreement”) between California Physicians’ Service,
Inc., d.b.a., Blue Shield of California,
a California non-profit corporation (hereinafter “Blue Shield”) and Starcare
Medical Group, Inc. d.b.a. Gateway Medical
Group, Inc., a California corporation, (hereinafter “Group”)
effective February 1, 2004. This amendment is effective February 1, 2004.


 


The following changes are
hereby incorporated into the above referenced Agreement:


 


1.                                       Subsection
(c) of Section 10.1 Disclosure of Records is amended to read in full as follows:


 


“Upon
forty-eight (48) hours written
notice, Group shall make any records of its quality improvement and utilization
review activities pertaining to Members and provider credentialing files
available to Blue Shield’s quality and utilization review committee. Such
sharing of records between the two committees shall be in accordance with, and
limited to, Sections 1157 of the California Evidence Code and 1370 of the
California Health and Safety Code and shall not be construed as a waiver of any
rights or privileges conferred on either party by those statutes.”


 


2.                                       Section
11.2 Arbitration of Disputes is amended to read in full as follows:


 


“Arbitration of Disputes. If any dispute,
controversy, or misunderstanding (other than a claim of medical malpractice) arises
between the parties to this Agreement which exceeds the jurisdiction of Small
Claims Court, which was not resolved in the Provider Dispute Resolution
procedure set forth in Paragraph 11.1, and which may directly or indirectly
concern or involve any term, covenant, or condition hereof, the parties shall
settle the dispute by final and binding arbitration in San Francisco, Los
Angeles, San Diego, Sacramento or Orange
County, California, whichever city or
county is closest to the Group. Arbitration shall be conducted under
the Commercial Rules of the American Arbitration Association.  The arbitration decision shall be binding on
both parties. It is agreed that the arbitrator shall be bound by applicable
state and federal law and that the arbitrator shall issue written findings of
fact and conclusions of law. The arbitrator shall have no authority to award
damages or provide a remedy which would not be available to such prevailing
party in a court of law nor shall the arbitrator have the authority to award punitive
damages. The cost of the arbitration shall be shared equally by Group and Plan.
Each party shall be responsible for its own attorneys’ fees.”


 












*** Confidential Information
omitted and filed separately with the Securities and Exchange Commission.


 


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3.                                       Section
12.1 Term is amended to read in full as follows:


 


“Term.
When executed by both parties, this Agreement shall become effective as of the
Effective Date, and shall continue in effect for two (2) years thereafter, unless earlier terminated as set
forth below. Unless either party notifies the other party at least one hundred
eighty (180) days prior to the expiration of said initial two (2) year term, this Agreement shall,
following expiration of the initial term, continue in effect for additional one
(1) year terms until terminated as set forth below.”


 


Except as specifically amended
herein, all other provisions of the Agreement and related Amendments, Addenda,
and Attachments not inconsistent herein shall remain in full force and effect.


 


IN WITNESS WHEREOF, the parties
have caused this Agreement to be executed by their authorized representatives:


 


 


	
  BLUE SHIELD OF CALIFORNIA

  	
   

  	
  GATEWAY MEDICAL GROUP, INC.

  	
   

  
	
   

  	
   

  	
   

  
	
  Signature:

  	
  /s/ Lisa
  Farnan

  	
   

  	
  Signature:

  	
  /s/ Mike
  Olsan

  	
   

  
	
   

  	
  Lisa Farnan

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Print

  	
   

  	
  Print

  	
   

  	
   

  
	
  Name:

  	
  Lisa Farnan

  	
   

  	
  Name:

  	
  Mike Olsan

  	
   

  
	
   

  	
  Vice
  President, Provider

  	
   

  	
   

  	
   

  
	
  Title:

  	
  Relations

  	
   

  	
  Title:

  	
  Director of
  Contracting/Network Development

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Date:

  	
  3-2-04

  	
   

  	
  Date:

  	
  2/23/04

  	
   

  



 


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