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Agenda 09/23/2025 Item #16D 8 (County Manager to sign the Low Income Pool Letter of Agreement with the Agency for Health Care Administration) Proposed Agenda Changes Board of County Commissioners Meeting September 23,2025 Move Item 17H to 9C: Recommendation to adopt an Ordinance repealing and replacing Ordinance No. 2004-06 to restructure the Domestic Animal Services Advisory Committee,provide for the creation, purpose,powers and duties,provide for appointment and composition, terms of office, attendance and removal from office, provide for officers, quorum, and rules of procedure. (Commissioners Saunders' & McDaniel's Separate Requests) Move Item 17I to 9D: Recommendation to adopt an Ordinance amending Ordinance 2013-33, as amended,which established the Animal Control Ordinance. (Commissioners Saunders' &McDaniel's Separate Requests) Move Item 17K to 9E: Recommendation to adopt an Ordinance amending Ordinance 2013-55, which established the Standards of Care for Animal-Related Businesses and Organizations, Breeders, and Rodeos Ordinance. (Commissioners Saunders' &McDaniel's Separate Requests) Continue Item 16A9 to October 14,2025,BCC Meeting: Recommendation to approve a Resolution superseding Resolution No.2018-106, amending the Collier County Domestic Animal Services(DAS)Fee Policy,as it relates to the authority of the Director of Domestic Animal Services and reflecting the operating costs associated with animal-related businesses and breeders,with an effective date of October 1,2025. (Staff's Request) Move Item 16D8 to 11F: Recommendation to approve and authorize the County Manager to sign the Low Income Pool Letter of Agreement with the Agency for Health Care Administration, in the amount not to exceed$2,371,401,to participate in the Medicaid Central Receiving Facility Low Income Pool Program, generating $3,171,846.24 in federal matching funds for the benefit of David Lawrence Mental Health Center, to sign the Provider Questionnaire to assist in meeting the state required match obligation, and authorize necessary Budget Amendments to the Fiscal Year 2026 budget in the amount$594,235.91. (Commissioner Hall's Request) Add-on item 15B1:NIM Handout discussion(Staff's Request) Notes: • Item 5B is a PACE Legislative Update by PACE Industries. • A typo was recognized in the table uploaded to item 16K1 and was corrected the day after it was initially published. TIME CERTAIN ITEMS: Item 11D to be heard at 10:00 AM: Tourism Marketing FY26 Request up to$5M from Reserves for Enhanced Promotion to remain competitive. Item 11E to be heard at 11:00 AM: Marco Island Beach Berm Restoration of the Tigertail/Sand Dollar Island spit reimbursement of$647,873 from TDT Funds. 9/23/2025 12:51 PM 9/23/2025 Item # 16.D.8 ID# 2025-2942 Executive Summary Recommendation to approve and authorize the County Manager to sign the Low Income Pool Letter of Agreement with the Agency for Health Care Administration, in the amount not to exceed $2,371,401, to participate in the Medicaid Central Receiving Facility Low Income Pool Program, generating $3,171,846.24 in federal matching funds for the benefit of David Lawrence Mental Health Center, to sign the Provider Questionnaire to assist in meeting the state required match obligation, and authorize necessary Budget Amendments to the Fiscal Year 2026 budget in the amount $594,235.91. (Fiscal Impact $2,371,401. General Fund 0001) OBJECTIVE: To provide mental health and substance abuse services to the citizens of Collier County consistent with Section 394.76(9)(a) and (b), Florida Statutes, while advancing the County’s strategic objective of promoting access to health, wellness, and human services. CONSIDERATIONS: The Agency for Health Care Administration (AHCA) is a State entity that provides Medicaid funding in Florida and operates the Medicaid Low Income Pool (LIP) Program. The LIP Program leverages local funds to obtain federal matching dollars. The County's participation in the LIP Program is outlined in the attached LIP Letter of Agreement between Collier County and AHCA. In recognition of the growing inpatient behavioral healthcare needs of Collier County residents, David Lawrence Center (DLC) mobilized an expansion as an interim step towards the development of a Central Receiving Facility (CRF). The development of the CRF allows DLC to participate in the LIP program through AHCA. DLC desires and is qualified to administer the Central Receiving Facility LIP Program with AHCA using Collier County and Collier County Sheriff’s Office (CCSO) ad valorem tax dollars. The County’s General Fund and LIP allocations in the Fiscal Year 2026 (FY 26) budget are proposed and aim to assist in meeting the state mandated required match obligation. The current DLC state required match obligation is $2,313,044.78. The anticipated FY 26 budget has allocated $1,777,165.09, along with funding from the CCSO in the amount of $594,235.91. CCSO has agreed to utilize these funds in support of the LIP program to augment the County funds to yield a greater federal match. DLC will utilize the County and CCSO funds under the LIP Program to provide additional mental healthcare services for low-income individuals in Collier County through its central receiving facility. These funds are part of a tri-party agreement between DLC, CCSO, and the County to be brought to the Board of County Commissioners (Board) in late October. CCSO will be invoiced by the County once an invoice is received from AHCA to facilitate the payment to AHCA via an intergovernmental transfer (IGT). The allocation of County and LIP matching funds is as follows: Collier County General Fund LIP IGT Federal Matching Funds Provided to DAVID LAWRENCE CENTER as Program Administrator CCSO Funds Total Funds Benefiting Low-Income Persons $1,719,499.44 $2,295,209 $0.00 $4,014,708.44 Prior FY25 $1,777,165.09 $3,171,846.24 $594,235.91 $5,543,247.24 Proposed Action $1,777,165.09 $3,171,846.24 FY26 Tentative Budget If approved, the County will provide all of its General Fund allocation and that of CCSO to AHCA in support of the LIP Page 2410 of 3896 9/23/2025 Item # 16.D.8 ID# 2025-2942 program. By the Board allowing the entire general fund allocation and the CCSO funds to be submitted to AHCA this will remove any authority the County and CCSO has with respect to these dollars. However, staff will prepare a memorandum of understanding for both the County and CCSO to ensure the services supported through the LIP agreement are to support those residents in Collier County. Through the remittance of these funds, the County will meet all the required state match obligation. Should CCSO not provide payment to the County the LIP LOA contribution will be reduced accordingly. It is important to note that the County has historically supported the entire required match obligation without local support from other agencies or municipalities. In prior years, the County has often overmatched in support of DLC. As shown in the table below is a five-year summary of funding to support the David Lawrence Center TABLE #2 Advances the County’s strategic objective of promoting access to health, wellness, and human services. FISCAL IMPACT: Funding in the amount of $1,777,165.09 is available within the FY26 Community & Human Services (CHS), Community Mental Health & LIP Support Fund 0001, Cost Center 156010 for the County’s contribution to the State of Florida Agency for Healthcare Administration. A FY26 Budget Amendment of $594,235.91 is needed to accept the CCSO’s contribution towards this payment. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. – CLD RECOMMENDATIONS: To approve and authorize the County Manager to sign the Low Income Pool Letter of Agreement with the Agency for Health Care Administration, in the amount not to exceed $2,371,401, to participate in the Medicaid Central Receiving Facility Low Income Pool Program, generating $3,171,846.24 in federal matching funds for the benefit of David Lawrence Mental Health Center, to sign the Provider Questionnaire to assist in meeting the state required match obligation, and authorize necessary Budget Amendments to the Fiscal Year 2026 budget in the amount $594,235.91. (Fiscal Impact $2,371,401. General Fund 0001) PREPARED BY: Carolyn Noble, Grant Coordinator Community and Human Services ATTACHMENTS: 1. LIP Letter of Agreement CAO Stamped Page 2411 of 3896 9/23/2025 Item # 16.D.8 ID# 2025-2942 2. DLC CCSO LIP BA 9.2025c 3. LIP DLC IGT Provider Questionnaire 9.16.25 CAO Stamped Page 2412 of 3896 Low lncome Pool Letter of Agreement THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the _ day of _2025, by and between Collier County (the "lGT 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 ofthe 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 lnsurance Program (CHIP) shortfall. The state and providers that are participating in the Low lncome Pool (LlP) 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. "Low Income Pool (LlP)" 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. SS 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. A. GENERAL PROVISIONS 1. PerSenateBill 2500, theGeneral Appropriations Act of State Fiscal Year 2025- 2026, passed by the 2025 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 $2,37'1,401 . 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: CAO "lntergovernmental Transfers (lGTs)" means transfers of funds from a non-Medicaid governmental entity (e.9., counties, hospital taxing diskicts, providers operated by state or local government) to the Medicaid agency. lGTs must be compliant with 42 CFR Part 433 Subpart B. i. LIP payments to hospitals, federally qualified health centers, Medical School Physician Practices, community behavioral health providers, and Collier County_David Lawrence Behavioral Health_LlP LOA SFY 2025-26 Page 2413 of 3896 rural health centers pursuant to the approved Centers for Medicare & l\/edicaid Services Special Terms and Conditions. 2. The IGT Provider will return the signed LOA to the Agency no later than October 1, 2025. 3. The IGT Provider will pay IGT funds to the Agency in an amount not to exceed the total of $2,371,401. Per Florida Statute 409.908, annual payments for the months of July 2025 through June 2026 are due to the Agency no later than October 31, 2025, unless an alternalive plan is specifically approved by the agency. b. The Agency will bill the IGT Provider when payment is due 4. 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. c. Audits and Records The IGT Provider agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this LOA in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. The IGT Provider agrees to ensure that these records shall be sub.iect at all reasonable trmes to inspection, revrew, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. The IGT Provider agrees to comply with public record laws as outlined in section 1 19.0701, Florida Statutes. d. Retention of Records 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. 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. a Collier County_David Lawrence Behavroral Health_LlP LOA SFY 2025-26 CAO Page 2414 of 3896 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. e. 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. f. Assignment and Subcontracts 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 conditlons of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. 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. 6. 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 redirect any portion of these aforementioned charity care supplemental payments in order to satisfy non-Medicaid, non-uninsured, and non-underinsured activities. 7. 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 fundjng shall first be used to fund the Medicaid program (including LIP or DSH) and used secondarily for other purposes." 8. This LOA covers the period of July 1 , 2025, through June 30, 2026, and shall be terminated September 30, 2026, which includes the state's certified foMard period. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. Co I er County_David Lawrence Behav oral Health_LlP LOA SFY 2025-26 CAO Page 2415 of 3896 LIP Local lntergovernmental Transfers (lGTs) Program / Amount State Fiscal Year 2025-2026 Estimated lGTs $2,371,401.00 Total Funding Not to Exceed $2,371,401.00 WITNESSETH: lN 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 BY: NAME: TITLE: DATE: SIG NEO BY: NAME: TITLE: Stephanie Scanlon Chief of Medicaid Program Finance DATE: Collier County_David Lawrence Behavioral Health_LlP LOA SFY 2025-26 CAO Page 2416 of 3896 lntergovernmental Transfers Questionnaire IGT Provider Name: Health Care Provider Name IGT Amount: State Fiscal Year Ending: Collier County David Lawrence Behavioral Health $2,371,401.00 6t30t2026 1. What type of governmental entity is your organization considered? (county, city, hospital taxing district, or other) County lf other, 2. Does your organization have a relationship with the provider for which you contribute lGTs as named in the preamble of the enclosed Letter of Agreement (LOA)? Yes lf yes, please describe your relationship, including services provided to/by the provider to/by the organization and any other financial transactions between the provider and the organization. e County provides IGT to David Lawrence Behavioral Health. They are also a subrecipient of our grant programs providing healthcare services to citizens of Collier County 3. Please describe the source of the IGT funding for your organization, including whether the source is from a tax, a provider donation, or other funds. Provide the amount of funding from each source. Source Amount General Fun Ad Valorem Tax $1,777j65 Collier County Sheriff Office $594,236 $ lf other SC a. Verify whether the funds are public funds as defined by 42 CFR S 433.51, and exclude any federal funds. Yes in Yes tf 4. Does your organization have taxing authority? CAO no. olease exola Page 2417 of 3896 5. lf the source of IGT funding is from taxes, please answer the following questions: a. ls the tax a state or district tax? lf other b. What entities are taxed? Property Owners in Collier County c. What is the tax structure .e.tax of revenue ASSESSME d. What is the amount or of the tax? e. Does at least 85% of the burden of the tax revenue fall on health care providers as defined in 42 CFR 5433.55? (Provide the total tax revenue and the health care provider tax burden) lf so, please answer the following questions: Amount i) ls the tax broad based? A broad based tax can be defined as a tax that is imposed on at least all health care items or services in the class or providers of such items or services furnished by all non-Federal, non-public providers in the State, and is imposed unlformly, pursuant to 42 cFR S 433.68. No lfn Valorem/Property Tax 07 per $1000 value Total Tax Burden $ Healthcare Provider Tax Burden $ CAO Countv Page 2418 of 3896 ii) ls the tax uniform across all entities being taxed? Based on 42 CFR S 433.68, a health care- related tax will be considered to be imposed uniformly even if it excludes Medicaid or Medicare payments (in whole or in part), or both; or in the case of health care-related tax based on revenue or receipts with respect to a class of items or services, if it excludes either Medicaid or Medicare revenue with respect to a class of items or services, or both. The exclusion of Medicaid revenue must be applied uniformly to all providers being taxed. No lf no ain iii) ls the tax generally redistributive and a waiver of the broad-based or uniform tax requirement was granted in accordance with 42 CFR $a33.68(e)? No lfn ease iv) Does the tax program comply with the hold harmless provisions included in 42 CFR $ 433.68(0? lfn lease in v) Does every tax paying entity receive a supplemental payment equal to or exceeding its tax cost? tf lease in 6. Please answer the following regarding provider funds recelved from the healthcare entity and/or other health care entities. a. Are provider voluntary payments or in-kind services received by the organization as defined in 42 cFR S 433.52? No b. How much of the organization's revenue is received from provider-related donations (Provide the total revenue and the provider-related donation amounts)? Amount Total Revenue $ Provider Related Donations $ c. Do individual provider donations exceed $5,000 per year or $50,000 per year for a health care organizational entity? No CAO Page 2419 of 3896 lf yes, please list the provider and payment amount. Provider Name F Source Amount d. Does any portion of the provider donation constitute as a "bona fide donation" pursuant to 42 CFR S 433.54? 42 CFR S 433.54 requires donations will not be returned to the individual provider, the provider class, or related entity under a hold harmless provision. No e. ls there an agreement between the IGT provider and the health care entity? lf so, please specify whether the agreement is written and provide the details. 7. Were funds utilized for the IGT specifically appropriated by the organization's board? lf yes, provide the board minutes and date of the appropriation. Amy Patterson certify that the statements and information contained in this submittal are true, accurate, and complete. Signature of Officer or Administrator Title Date $ $ $ CAO Page 2420 of 3896