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Backup Documents 09/24/2024 Item #11I ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP I 1 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 9.24.24 BCC MTG THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#l through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Carolyn Noble Community and Human CN 9.10.24 Services 2. County Attorney Office— County Attorney Office I/Zs 3. BCC Office Board of County Commissioners e(ffl /c T4ks/zy 4. Minutes and Records lerk of Court's Office CN Originals will be picked up and please E a' 9/96IPf to Carolyn.noble@colliercountyfl.gov PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Carolyn Noble Phone Number 239-450-5186 Contact/ Department Agenda Date Item was 9.24.24 BCC Mtg Agenda Item Number 16.D.5/1 l;a Approved by the BCC Type of Document APPVL,1 LOA FOR CHAIR SIGNATURE Number of Original I (4 pages) Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK CN 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be Yes signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's YES signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during / N/A is not the meeting have been incorporated in the attached document. The County "�� h an option for Attorney's Office has reviewed the changes, if applicable. �/ 7 this line, 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the iJAk'M., an option for Chairman's signature. this line. 11i MEMORANDUM Date: September 25, 2024 To: Carolyn Noble — CHS From: Yani Fernandez, Deputy Clerk Minutes & Records Department Re: Letter of Agreement, Davis Lawrence Center Attached, an original document (Item #11I— 16D5) adopted by the Board of County Commissioners on Tuesday, September 24, 2024. Please return the Original executed document back to our office to be held in the Board's Official Records If you have any questions, please feel free to contact me at 252-1029. Thank you. Attachment 1 1 I Low Income Pool Letter of Agreement tA THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the Zy day of Sep4-. 2024, by and between Collier County (the "IGT Provider") on behalf of David Lawrence Behavioral Health and the State of Florida, Agency for Health Care Administration (the "Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Charity care" or "uncompensated charity care" means that portion of hospital charges reported to the Agency for which there is no compensation, other than restricted or unrestricted revenues provided to a hospital by local governments or tax districts regardless of the method of payment. Uncompensated care includes charity care for the uninsured but does not include uncompensated care for insured individuals, bad debt, or Medicaid and Children's Health Insurance Program (CHIP) shortfall. The state and providers that are participating in Low Income Pool (LIP) will provide assurance that LIP claims include only costs associated with uncompensated care that is furnished through a charity care program and that adheres to the principles of the Healthcare Financial Management Association (HFMA) operated by the provider. "Intergovernmental Transfers (IGTs)" means transfers of funds from a non-Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. • "Low Income Pool (LIP)" means providing government support for safety-net providers for the costs of uncompensated charity care for low-income individuals who are uninsured. Uncompensated care includes charity care for the uninsured but does not include uncompensated care for insured individuals, "bad debt," or Medicaid and CHIP shortfall. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. A. GENERAL PROVISIONS 1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2024-2025, passed by the 2024 Florida Legislature, the IGT Provider and the Agency agree that the IGT Provider will remit IGT funds to the Agency in an amount not to exceed the total of $1,719,499.44 if the entire State Fiscal Year (SFY) 24-25 distribution is paid using the enhanced Federal Medical Assistance Percentage (FMAP) per the Families First Coronavirus Response Act or if a portion of the SFY24-25 distribution is paid after the expiration of the end of the enhanced FMAP. a. The IGT Provider and the Agency have agreed that these IGT funds will only be used to increase the provision of health services for the charity care of the IGT Provider and the State of Florida at large. b. The increased provision of charity care health services will be accomplished through the following Medicaid programs: i. LIP payments to hospitals, federally qualified health centers, Medical School Physician Practices, community behavioral health providers, and Digitally signed by CAO Collier County_David Lawrence Behavioral Health_LIP LOA SFY 2024-25 C/ l o Date: 2024.09.17 10:49:06-04'00' 1 J I rural health centers pursuant to the approved Centers for Medicare & Medicaid Services Special Terms and Conditions. 1. The IGT Provider will return the signed LOA to the Agency no later than October 1, 2024. 2. The IGT Provider will pay IGT funds to the Agency in an amount not to exceed the total of$1,719,499.44 if the entire SFY24-25 distribution is paid prior to the end of the public health emergency or if a portion of the SFY24-25 distribution is paid after the end of the public health emergency. a. Per Florida Statute 409.908, annual payments for the months of July 2024 through June 2025 are due to the Agency no later than October 31, 2024, unless an alternative plan is specifically approved by the agency. b. The Agency will bill the IGT Provider when payment is due. 3. The IGT Provider and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health services covered by this LOA. a. Audits and Records i. The IGT Provider agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this L O A in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. The IGT Provider agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. The IGT Provider agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. Retention of Records i. The IGT Provider agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. Collier County_David Lawrence Behavioral Health_LIP LOA SFY 2024-25 ,11 I i. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. Monitoring i. The IGT Provider agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the IGT Provider which are relevant to this LOA. d. Assignment and Subcontracts i. The IGT Provider agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 4. This LOA may only be amended upon written agreement signed by both parties. The IGT Provider and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 5. The IGT Provider confirms that there are no pre-arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re- direct any portion of these aforementioned charity care supplemental payments in order to satisfy non-Medicaid, non-uninsured, and non-underinsured activities. 6. The IGT Provider agrees the following provision shall be included in any agreements between the IGT Provider and local providers where IGT funding is provided pursuant to this LOA: "Funding provided in this Agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program (including LIP or DSH) and used secondarily for other purposes." 7. This LOA covers the period of July 1, 2024, through June 30, 2025, and shall be terminated September 30, 2025, which includes the states certified forward period. 8. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fullybindingon any party signing at least one counterpart. Collier County_David Lawrence Behavioral Health_LIP LOA SFY 2024-25 1 1 I LIP Local Intergovernmental Transfers (IGTs) Program I Amount State Fiscal Year 2024-2025 Estimated IGTs $1,719,499.44 Total Funding Not to Exceed $1,719,499.44 WITNESSETH: IN WITNESS WHEREOF, the parties have caused this (4) page Letter of Agreement to be executed by their undersigned officials as duly authorized. COLLIER COUNTY STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED ekdgenk SIGNED BY: BY: NAME: Tom Wallace Chris Hall, Chairman TITLE: Deputy Secretary for Medicaid Finance and Data DATE: l/2 yl 2 y DATE: ATTEST -- . CRYSTAL '. t , r tr" b BY: ►. _ Attest a, t, Chairrn'an's :,signature only I 1 Approved. to rtn and legality ; ' Jeffrey A. latzko County Attorney i , Collier County_David Lawrence Behavioral Health_LIP LOA SFY 2024-25 DLC Treatment Services • Collier's trusted, comprehensive Behavioral Health provider since • Available to ALL in need • 95% of funding is non -county funding • County funding is vital to ensure desperately needed access to care in a growing community with growing behavioral health challenges • County funding helps leverage other funding sources(State, LIP} • Integral partner in Collier Jail Collier County Sheriff's Office Baker Act Marchman Act Diversion for voluntary treatment Law Enforcement Officers have discri to transport individuals directly to DL a hospital when appropriate Naples Community Hospital Physicians Regional Hospital David Lawrence Center (DLC) 14 Collier County Courts Treatment Courts: Regular Courts: Mental Health Court Misdemeanor Court •'• Drug Court Felony Court VA Court Delinquency/ Dependency 100% of clients are Most court ordered referred to DLC assessments and treatment are referred to DLC Collier County Public Schools 11 Fire & EMS Collier County Government provides support to the organizations on this map through general fund appropriations, staff technical and administrative assistance for grants, and coordination of the Criminal Justice Mental Health and Substance Abuse Planning Council. 1750 1500 YEAR I Total 1250 2006 1 377 W111191 2010 1 796 750 2016 1 1338 2023 1 1622 1 500 250 x CCSO BAKER ACTS 01/01/2006 - 12/31/2023 2006 2010 2016 2023 Information provided by the Collier County Sheriff's Office 2012-2023 Fiscal Year Growth of Total Services Provided to Children and Adults Compared to Collier County Population* 450,000 4 407,972 16,131 399,973 400,000 384,902 392,130 372,880 378,488 3 357,305 65,136 348,777 349,075 350,000 338987 329,849 - 300,000 250,000 200,000 146,986 150,000 100,000 165,062 276,989 264,924 222,015 228,5 209,224 FY 14 FY 15 FY 16 FY 17 FY 18 Services Collier Population 314, 302,754 294,247 Population Growth: 26.16% *Census information complied from US Census bureau and Collier County Government Statistics, 2020 population is based on estimate of previous 4 Collier Countv Data ■ 2005 — 2008 Collier Jail Daily Average = 1f162 ■ 2008 CIT launched with purposeful intention to deflect into mental health and addiction treatment as much as possible • To date, ❑ver 1,500 persons have been CIT trained including all CCSO Law Enforcement, Fire/EMS personnel, Naples and Marco PD, Judges, Probation, COPS, etc. ■ 2022 Collier Jail Daily Average =713 • Reduction of 449 per clay, or 39% daily reduction • Cost of incarceration per year (range) _ $31,000 — $60,000 • Avg. _ $45,500 annually or $124.66 p/day • 449 x $124.66 x 365 = $ 20,430,000 annual cost avoidance 20% 18% 16% 14% 12% 10% 8% 6% 4% 2% 0% Uninsured Rates 18% National Top Performing States Florida Collier County Sarasota County Manatee County Charlotte County Lee County httos://www.cou ntvhea It ranki ngs.orelexolore- hea Ith-ra n kineslcounty-health-rankines- mod eI/health-factorslcIinica I-ca relaccess-tc-careh ninsured ?yea r=202Mcou ntv=12021 httos://www.census.eov/l 1hra rvl visualizationslinteractivel000uIat!on-without-hea Ith -i n s u rance-coveraee-2019-and-2021. htmI Challenges • Increased community behaviors and related to the psychological requires increased response and health needs of a growing community tolls of the pandemic, hurricanes, etc.; resources • State continues to be of the worst in the nation for per capita funding for M H and Addiction Services • Florida has higher uninsured rates than national average (15% vs 8%) Collier county has one of the highest uninsured rates in our region (18%). • To stay within industry market and competitive to retain and recruit professionals for SWFL, salary requirements have risen significantly. • NCH closed its only inpatient psychiatric unit care (12 beds), effective July 1, 2022. No psychiatric supports are available via PRIVIC either. Community "Return on Investment" • Benefits: LIP funding leverages needed funding by securing match funding to assist with high levels of charity care provided for these eligible services by specified treatment providers • Benefits: Individuals, Families, Businesses and community • Benefits: health, well-being and safety • DLC is a not -for -profit organization; services available to ALL in need • Diversion and deflection into treatment reaps cost -avoidance in other areas such as judiciary and law enforcement rJeCollier County Agency for Health Care Administration (AHCA) Low Inc e Pool (LIP) Letter of Agreement'r David Lawrence Center r BCC Meeting Date: 9.24.24 Agenda Item: 16.D.5. Kristi Sonntag, Community and Human Services Director David Lawrence Center and State Match Requirement $21326,315,,46 Section 394. 76 (3) (b ), Florida Statutes, requires local participation on a 75-to-25 percent state -to -local ratio of funding for all contracted community alcohol and mental health services State funds for community alcohol and mental health services shall be matched by local matching funds. The governing bodies shall be required to participate in the funding of alcohol and mental health services under the jurisdiction of such governing bodies. The amount of the participation shall be at least that amount which, when added to other available local matching funds, is necessary to match state funds. Example: • Match Obligation 1M • Other Sources 470K • Local Government 530K Local Match AG Pam Bondi opinion 12/2011 "The statute, therefore, clearly acknowledges that there may be multiple sources for contributing to the local match amount and, in defining local matching funds, gives an open-ended range of sources that may be included." State Approved Sod,rces of Latch Client Fees Volunteer Hours Local Government Municipalities Taxing Districts Donations In -Kind Other community Sources DLC FY 25 Match Request $213261315 DLC is requesting Collier County use it General Fund match funds of $ 1,415,500 to support the match obligation and $522,000 4pioid Settlement DLC is requesting all GF dollars be forward to AHCA as part of the LIP program DLC will have a separate 4pioid agreement Low Income Pool Program History of LIP DLC Qualifications LIP funds are provided for eligible providers to cover health care costs for which compensation was not available from other payors. LIP provided government support for providers that furnished uncompensated care to the Medicaid, underi nsu red, and uninsured populations Enrolled in Medicaid Program DLC implemented a 15- bed expansion in October 2022 Interim step toward a Central Receiving Facility DLC secured a recurring legislative appropriation in 2023 - allowing DLC to participate in the LIP program Collier County General Fund LIP IGT Req FY25 Tentative Varian Federal Matching ITotal Funds Benefiting Low - Funds Provided to I Income Persons 17,►'110l WAYA:J � ►10 � CENTER Collier County f RECOMMENDATION Fo approve and authorize the Chairman to sign a Low - Income Pool Letter of Agreement with the Agency for Health Care Administration, in the amount not to exceed $1,719,499.44 to participate in the Medicaid Central Receiving Facility Low Income Pool Program and Authorize necessary budget amendments to the FY25 budget in the amount $303,999.44. Medicaid /Medicare Low Income Pool,.(LIP) Medicaid is the nation's public health insurance program for low-income children, families, elders, and people with disabilities. 1 in 5 Florida residents is enrolled. LIP was established to ensure continued government support for the provision ❑f heath care services t❑ Medicaid, underinsured and uninsured populations. 5 Year Local Match History I, 273357934 21327,889 173157066 173157006 11467,339 0 5687675 LIP Funding-FQ3807596 DLC Base277167530 17315,066 2707276451,4677339 0.00 LIP Funding CRF 5687000 0 LIP Funding303,999.44 additional Federal FundingJ-ja• ■ 903,089.31 ARP ending 3.30.25 Opioid Settlement5007000 522,093 DLC Total All Fund2,706,530• ■ .; 0690■; •; 3144,682 County's General, Fund and LIP Allocations The current ❑LC state -required match obligation is $2,326,315.46. The tentative FY 25 budget has allocated $1,415, 500, along with $522,093 of Opioid funding for a total of $1,937,593 in County support, thus creating a match shortfall of $3887722.46 To meet the required match obligation, DLC is reauestine an additional 5303.999.44 for the Collier Countv LIP IGT local match in the FY 25 budget for a total of $1,719,499.44 Through the remittance of these funds, the County will meet all but $84,723.02 of the state -required match obligation NOTE: It is important to note that the Countv is not solelv responsible for the ❑LC state -required match though the Countv has historically supported the entire DLC state -required match obligation without local support from other agencies. In prior vears, the County has often exceeded the required match in support of DLC. The 5303,999.44 increase in the Countv's local LIP IGT will increase DLC federal matching dollars for the LIP Program by $709,782.44 from $3,304,926 to $4,014,708.44. DLC will receive a total of 54.014.708 in LIP funding to support mental healthcare services for low-income individuals in Collier County through its central receiving facility.