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Agenda 09/24/2013 Item #11B 9/24/2013 11 .B. EXECUTIVE SUMMARY Recommendation to approve four agreements to allow participation in alternative intergovernmental transfer programs (IGT): Two between the County and Agency for Health Care Administration (AHCA), one each between the County and Physicians Regional Medical Center and Naples Community Hospital; and an additional agreement between Collier County and the David Lawrence Center and approve all necessary FY2014 budget amendments. The County's total budgeted appropriation increases to $5,413,268. OBJECTIVE: To partner with Physicians Regional Medical Center and Naples Community Hospital (collectively "the Hospitals") to enhance the quality of care and the health of low income persons. CONSIDERATIONS: The Agency for Health Care Administration (AHCA) is the State entity that provides Medicaid services in Florida and operates the IGT programs. This is the third year the County will participate in the program involving David Lawrence Center, the Health Department and the hospitals. As more fully discussed below, Staff is seeking the further expansion of this program to include EMS. Through agreements between local government and AHCA, these programs take local funds and use them to obtain Federal matching dollars. In recent years, the State Legislature has reduced Medicaid reimbursement rates to providers by a substantial margin. This is significant not only in and of itself; but the Federal match is dependent on the state funding. The State Legislature has created the IGT matching fund programs. Funds are appropriated for the IGT match in Chapter 2013-40, Laws of Florida. These programs allow communities to leverage existing dollars spent for health services to offset the reductions in the state funding, and thereby obtaining a federal match. Similar to the arrangement last year, the combination of Federal matching funds for the IGT programs will provide funding to offset some of the Hospital Medicaid rate cuts so that the Hospitals can continue to serve our community's uninsured and underinsured patients. The Hospitals are community healthcare partners and serve as third party administrators for Collier County. In addition to the benefit realized by the Hospitals, the County's contribution of $5,413,268 will generate an additional $1,082,654 for our previous two partners (The David Lawrence Center and the Health Department) as well as the proposed new participant, Collier County Emergency Medical Services (EMS), as noted below. The inclusion of EMS as a "partner" participant is a new element to the program this year. County staff undertook efforts to confirm that the addition of EMS is allowable and acceptable by AHCA and also will pass any audit scrutiny. Staff has received written email notification that the inclusion of EMS is acceptable to AHCA (provided as backup to this agenda item); also as backup the AHCA email confirmation of the underlying program authority is provided. Packet Page-384- 9/24/2013 11 .B. The allocation of County and matching funds is shown in the table below and has been agreed to by each of the hospitals: County IGT AHCA Total** Commitment Matching (67.32% to Naples (stated as "not Funds* Community to exceed" in Hospital and the agreements 32.68% to with AHCA) Physicians Regional from AHCA) Budgeted Funds (DLC and $2,368,900 $3,362,772 $ 5,731,672 Health Department) Collier County EMS $3,044,368 $4,321,632 $7,366,000 Total $5,413,268 $7,684,404 $13,097,672 Partners Funds to Partners From Hospital's General Operating Funds and Non Profits Collier County Health Department $ 929,020 from Physicians Regional $ 528,620 from Naples Community Hospital David Lawrence Center $1,385,040 from Naples Community Hospital Collier County EMS *** $3,653,242 from David Lawrence Center Total $6,495,922 *Matches based on most recent formulas and anticipated volumes of Medicaid patients ** Per the program, the entire amount of Medicaid funding is provided to the hospitals *** The David Lawrence Center will provide a non-restricted contribution to EMS to maintain or improve ambulance services to Collier County. A budget amendment will be required to recognize and appropriate these funds. The mechanics of this program are: • Collier County utilizes a combination budgeted allowable general funds to be transferred to AHCA up to the maximum amount stated in the letters of agreement between Collier County and AHCA. • By participation in these programs, AHCA matches/leverages the funds submitted by Collier and distributes them to the hospitals, for the purpose outlined above (the hospitals may only receive funds from AHCA upon submission of valid documentation of services provided to Medicaid eligible clients) • For the general fund budgeted funds, HHVS collects and validates invoices from DLC and the Health Department and forwards them to the Hospitals; they, in turn, voluntarily pay the partners from their operating funds. For the new component based on the contribution to EMS from a not for profit entity (DLC), EMS will receive their contribution via the terms of the agreement between DLC and Collier County EMS without the need for an invoicing process. Collier County receives an enhancement of Packet Page-385- 9/24/2013 11 .B. $608,874 to assist with the burden of providing EMS services to the uninsured and underinsured patients of Collier County. Agreement changes from the prior year arrangements include: • The Hospitals have agreed to a specified dollar amount in the agreements with Collier County • David Lawrence Center has agreed to a specified dollar amount in the agreement with Collier County and has partnered with the Hospitals to help support the County EMS program • The Hospitals have agreed to bear any risk associated with o Rate or model changes by AHCA o Any variable that would impact their amounts received from AHCA This arrangement also requires agreements between the County and David Lawrence Center and the County and the Collier County Department of Health. On December 11, 2012, Agenda Item No. 16D18 the Board approved an agreement with David Lawrence Center that will automatically renew if this item is approved. On October 8, 2013, staff will present an agreement with the Collier County Department of Health to the Board for consideration. FISCAL IMPACT: The FY 14 County budget presently includes a $1,154,200 remittance for the David Lawrence Center and a $1,258,100 remittance for the County Health Department. These two remittances, less $43,400 of ineligible non-medical reimbursements, total $2,368,900 and represent the budgeted County General fund (001) commitment to the IGT program under discussion. The FY 14 EMS Fund (490)budget will be amended via budget amendment to include a $3,653,242 financial contribution revenue budget from the David Lawrence Center, a$3,044,368 remittance/payment to AHCA, and a$608,874 net increase to EMS funds that will be transferred to EMS Capital & Grant Fund (491) for future capital improvements. FY2014 budget amendments will be necessary to establish the necessary receipt of revenue and appropriation mechanism. LEGAL CONSIDERATIONS: The indemnification language from prior years' contracts has been strengthened in the proposed contracts to further protect the County. This item has been approved as to form and legality and requires a majority vote. -JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: To approve and authorize the Chair to sign four agreements to allow for participation in the Alternative Intergovernmental Transfer programs, to sign a contribution agreement with the David Lawrence Center, and to approve all necessary FY2014 budget amendments. Prepared by: Bendisa Marku, Accounting Supervisor, Housing, Human and Veteran Services and Walter Kopka, Chief-EMS Packet Page-386- 9/24/2013 11 .B. Packet Page-387- 9/24/2013 11 .B. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.B. Item Summary: Recommendation to approve four agreements to allow participation in alternative intergovernmental transfer programs (IGT):Two between the County and Agency for Health Care Administration (AHCA), one each between the County and Physicians Regional Medical Center and Naples Community Hospital; and an additional agreement between Collier County and the David Lawrence Center and approve all necessary FY2014 budget amendments. The County's total budgeted appropriation increases to $5,413,268. (Len Price, Administrative Services Administrator and Steve Carnell, Interim Public Services Administrator) Meeting Date: 9/24/2013 Prepared By Name: Bendisa Marku Title: Operations Analyst,Wastewater 9/18/2013 9:44:21 AM Approved By Name: GrantKimberley Title:Interim Director Date: 9/18/2013 12:14:11 PM Name: BayArtie Title: Supervisor-Accounting,EMS Operations Date: 9/18/2013 1:05:59 PM Name: KopkaWalter Date: 9/1 8/2013 1:34:44 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 9/18/2013 1:48:22 PM Name: BelpedioJennifer Title:Assistant County Attorney,County Attorney Date: 9/18/2013 2:42:12 PM Packet Page-388- 9/24/2013 11 .B. Name: CarnellSteve Title: Purchasing/General Services Director Date: 9/18/2013 2:42:27 PM Name: KlatzkowJeff Title: County Attorney Date: 9/18/2013 3:39:07 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 9/18/2013 4:20:09 PM Name: OchsLeo Title: County Manager Date: 9/18/2013 5:44:36 PM Packet Page-389- 9/24/2013 11 .B. Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the day of 2013, by and between Collier County (the County), and the State of Florida, through its Agency for Health Care Administration (the Agency), 1. Per Senate Bill 1500, the General Appropriations Act of State Fiscal Year 2013-2014, passed by the 2013 Florida Legislature, County and the Agency, agree that County will remit to the State an amount not to exceed a grand total of$3,644,150. a. The County and the Agency have agreed that these funds will only be used to increase the provision of health services for the Medicaid, uninsured, and underinsured people of the County and the State of Florida at large. b. The increased provision of Medicaid, uninsured, and underinsured funded health services will be accomplished through the following Medicaid programs: i. The Disproportionate Share Hospital (DSH) program. ii. The removal of outpatient reimbursement ceilings for teaching, specialty and community hospital education program hospitals. iii. The removal of outpatient reimbursement ceilings for hospitals whose charity care and Medicaid days as a percentage of total adjusted hospital days equals or exceeds 11 percent. iv. The removal of outpatient reimbursement ceilings for hospitals whose Medicaid days, as a percentage of total hospital days, exceed 7.3 percent, and are trauma centers. v. Inpatient DRG add-ons for teaching, specialty, children's, public and community hospital education program hospitals; hospitals whose charity care and Medicaid days as a percentage of total adjusted hospital days equals or exceeds 11 percent; or hospitals whose Medicaid days, as a percentage of total hospital days, exceed 7.3 percent, and are trauma centers. vi. The annual cap increase on outpatient services for adults from $500 to $1,500. vii. Medicaid Low Income Pool (LIP) payments to rural hospitals, trauma centers, specialty pediatric hospitals, primary care services and other Medicaid participating safety-net hospitals. viii. Medicaid LIP payments to hospitals in the approved appropriations categories. ix. Medicaid LIP payments to Federally Qualified Health Centers. x. Medicaid LIP payments to Provider Access Systems (PAS) for Medicaid and the uninsured in rural areas. 1 Packet Page-390- 9/24/2013 11 .B. xi. Medicaid LIP payments for the expansion of primary care services to low income, uninsured individuals. 2. The County will pay the State an amount not to exceed the grand total amount of $3,644,150. The County will transfer payments to the State in the following manner: a. The first quarterly payment in an amount not to exceed $911,039 for the months of July, August, and September is due upon notification by the Agency. b. Each successive payment in an amount not to exceed $911,037 is due as follows, November 30, 2013, March 31, 2014 and June 15, 2014. c. The State will bill the County each quarter payments are due. 3. Timelines: This agreement must be signed, submitted, and received to the Agency no later than October 1, 2013, for self-funded exemptions, buybacks and DRG add-ons, to be effective for SFY 2013-2014. 4. Attached are the DSH and LIP schedules reflecting the anticipated annual distributions for State Fiscal Year 2013-2014. 5. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid, uninsured, and underinsured health services covered by this Letter of Agreement. Further, the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 6. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. 7. The County 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 Medicaid supplemental payments in order to satisfy non-Medicaid, non-uninsured, and non-underinsured activities. 8. The County agrees the following provision shall be included in any agreements between the County and local providers where funding is provided for the Medicaid program. Funding provided in this agreement shall be prioritized so that designated funding shall first be used to fund the Medicaid program (including LIP) and used secondarily for other purposes. 9. The Agency will reconcile the difference between the amount of the IGTs used by or on behalf of individual hospitals' buybacks of their Medicaid inpatient and outpatient trend adjustments or exemptions from reimbursement limitations for SFY 2012-13 and an estimate of the actual annualized benefit derived based on actual days and units of service provided. Reconciliation amount may be incorporated into current year (SFY 2013-14) LOAs. 10. This Letter of Agreement covers the period of July 1, 2013 through June 30, 2014 and shall be terminated June 30, 2014. 2 Packet Page -391- 9/24/2013 11 .B. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. Collier County State of Florida Signature Stacey Lampkin Acting Assistant Deputy Secretary for Medicaid Finance, Agency for Health Care Administration G c, ►fl L.L.eR, ESQ Name C_H A1 R vi o v \ t■.J Title Approved as to form and legality ATTEST: DWIGHT E.BROCK,Clerk Assistant Coiintyyttorney By: 3 bJ Packet Page-392- 9/24/2013 11 .B. Local Government Intergovernmental _Transfers'°' ; Program I Amount State Fiscal Year 2013-2014 LII Supplemental Payments P DSH Nursing Home SMP „y d x t Amount5s ._�� Automatic Buyback Self-Funded Buyback Automatic Exemption Self-Funded Exemption SWl f Inpatient Automatic DRG Add-On Self-Funded DRG Add-On $3,644,150 Total Funding L X3,644,750', 4 S Packet Page -393- 9/24/2013 11 .B. Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the day of 2013, by and between Collier County (the County), and the State of Florida, through its Agency for Health Care Administration (the Agency), 1. Per Senate Bill 1500, the General Appropriations Act of State Fiscal Year 2013-2014, passed by the 2013 Florida Legislature, County and the Agency, agree that County will remit to the State an amount not to exceed a grand total of$1,769,118. a. The County and the Agency have agreed that these funds will only be used to increase the provision of health services for the Medicaid, uninsured, and underinsured people of the County and the State of Florida at large. b. The increased provision of Medicaid, uninsured, and underinsured funded health services will be accomplished through the following Medicaid programs: i. The Disproportionate Share Hospital (DSH) program. ii. The removal of outpatient reimbursement ceilings for teaching, specialty and community hospital education program hospitals. iii. The removal of outpatient reimbursement ceilings for hospitals whose charity care and Medicaid days as a percentage of total adjusted hospital days equals or exceeds 11 percent. iv. The removal of outpatient reimbursement ceilings for hospitals whose Medicaid days, as a percentage of total hospital days, exceed 7.3 percent, and are trauma centers. v. Inpatient DRG add-ons for teaching, specialty, children's, public and community hospital education program hospitals; hospitals whose charity care and Medicaid days as a percentage of total adjusted hospital days equals or exceeds 11 percent; or hospitals whose Medicaid days, as a percentage of total hospital days, exceed 7.3 percent, and are trauma centers. vi. The annual cap increase on outpatient services for adults from $500 to $1,500. vii. Medicaid Low Income Pool (LIP) payments to rural hospitals, trauma centers, specialty pediatric hospitals, primary care services and other Medicaid participating safety-net hospitals. viii. Medicaid LIP payments to hospitals in the approved appropriations categories. ix. Medicaid LIP payments to Federally Qualified Health Centers. x. Medicaid LIP payments to Provider Access Systems (PAS)for Medicaid and the uninsured in rural areas. 1 Packet Page-394- 9 9/24/2013 11 .B. xi. Medicaid LIP payments for the expansion of primary care services to low income, uninsured individuals. 2. The County will pay the State an amount not to exceed the grand total amount of $1,769,118. The County will transfer payments to the State in the following manner: a. The first quarterly payment in an amount not to exceed $442,281 for the months of July, August, and September is due upon notification by the Agency. b. Each successive payment in an amount not to exceed $442,279 is due as follows, November 30, 2013, March 31, 2014 and June 15, 2014. c. The State will bill the County each quarter payments are due. 3. Timelines: This agreement must be signed, submitted, and received to the Agency no later than October 1, 2013, for self-funded exemptions, buybacks and DRG add-ons, to be effective for SFY 2013-2014. 4. Attached are the DSH and LIP schedules reflecting the anticipated annual distributions for State Fiscal Year 2013-2014. 5. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid, uninsured, and underinsured health services covered by this Letter of Agreement. Further, the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. 6. The County and the State agree that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. 7. The County 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 Medicaid supplemental payments in order to satisfy non-Medicaid, non-uninsured, and non-underinsured activities. 8. The County agrees the following provision shall be included in any agreements between the County and local providers where funding is provided for the Medicaid program. Funding provided in this agreement shall be prioritized so that designated funding shall first be used to fund the Medicaid program (including LIP) and used secondarily for other purposes. 9. The Agency will reconcile the difference between the amount of the IGTs used by or on behalf of individual hospitals' buybacks of their Medicaid inpatient and outpatient trend adjustments or exemptions from reimbursement limitations for SFY 2012-13 and an estimate of the actual annualized benefit derived based on actual days and units of service provided. Reconciliation amount may be incorporated into current year (SFY 2013-14) LOAs. 10. This Letter of Agreement covers the period of July 1, 2013 through June 30, 2014 and shall be terminated June 30, 2014. 2 CA Packet Page-395- 9/24/2013 11 .B. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. Collier County State of Florida Signature Stacey Lampkin Acting Assistant Deputy Secretary for Medicaid Finance, Agency for Health Care Administration Ec) (Z t q 41c. NI LL�2, �SCQ Name ( - A\ 2vJo - Title Approved as to form and legality ATTEST: DWIGHT E. BROCK, Clerk CLA .r--� Assistant County rney By: 3 Packet Page-396- Cq 9/24/2013 11 .B. Local Government Intergovernmental Transfers Program / Amount State Fiscal Year2013-2014 Supplemental Payments LIP DSH Nursing Home SMP Outpatient Amounts. Automatic Buyback Self-Funded Buyback Automatic Exemption Self-Funded Exemption SWI Inpatient Amounts Automatic DRG Add-On Self-Funded DRG Add-On $1,769,118 Total Funding $1,769,118 4 0 Packet Page-397- 9/24/2013 11.B. GrantKimberley From: Behenna, Lecia [Lecia.Behenna @ahca.myflorida.com] Sent: Wednesday, September 11, 2013 3:41 PM To: GrantKimberley Subject: FW: collier Attachments: New Collier County Partnership,docx Is this what you need.... I have reviewed the attached document it appears to be fine. Lecia From: Behenna, Lecia [mailto:Lecia.Behenna @ahca.myflorida.com] Sent:Thursday,September 5, 2013 3:03 PM To:Sarah Fitzgerald Subject: RE: collier Yes,the program looks acceptable. From: Sarah Fitzgerald [mailto:sfCahfgflorida.com] Sent:Thursday, September 05, 2013 9:20 AM To: Behenna, Lecia Subject: FW: collier Importance: High From:Sarah Fitzgerald Sent:Wednesday,September 4, 2013 3:51 PM To: 'Behenna, Lecia;John Owens(iowens @fhs-Ilc.com) Cc: Nicole Maldonado (Nicole.maldonado @ahca.myflorida.com) Subject: RE: collier Importance: High Hi Lecia, Did you mean that the program looks acceptable to you? Thanks, Sarah Saarah,F,t-3,cjeArcaxi. Healthcare Financial Group 813/505-5300 From: Behenna, Lecia [mailto:Lecia.Behenna@ahca.myflorida.com] Sent:Wednesday,September 4, 2013 3:28 PM To:Sarah Fitzgerald;John Owens (lowens@fhs-llc.com) Subject: RE: collier It looks okay to me. 1 Packet Page -398- 9/24/2013 11 .B. Thanks, Lecia From: Sarah Fitzgerald [mailto:sffthfgflorida.com] Sent: Wednesday, September 04, 2013 3:06 PM To: Behenna, Lecia; John Owens (iowensCa}fhs-Ilc.com) Subject: collier Sa.rraav TLt raid' Healthcare Financial Group 3615 West Swann Avenue Tampa, FL 33609 Office: 813/286-4455 Cell: 813/505-5300 2 Packet Page-399- 9/24/2013 11 .B. Grant to EMS by new Collier County Partnership Naples Community Hospital and Physician's Regional Medical Center(the Hospitals) recognize the increasing burden of providing EMS services to the uninsured and/or underinsured patients located in Collier County. As a partial solution, the Hospitals that are also located in Collier County are partnering with a local not for profit health care entity to provide additional funds in the form of a grant to the Emergency Medical Services (EMS) to provide assistance and help offset the increasing cost of providing ambulance services for individuals with inadequate health insurance coverage. In this new partnership, the Hospitals will make contributions to the local nonprofit which will then make grants to the County EMS program. The amount of these grants will be primarily based upon historical EMS write offs for individuals with insufficient health insurance coverage. Intergovernmental Transfer(IGT)Program For a number of years,Collier County has generously participated in the Medicaid IGT program to assist the Hospitals in buying back their Medicaid shortfalls. For 2013-14,the County is considering an increase in the County's level of participation in the IGT program, in recognition of the Hospitals' increasing cost of providing care to the uninsured and/or underinsured patients. The County is under no obligation to increase the IGT's made on behalf of the Hospitals. These additional IGTs made on the Hospitals' behalf is unrelated and will not be dependent upon the grant provided to EMS by the not for profit entity. The amount of the increased IGT's will not be equal to the amount that the Hospitals have contributed to the local not for profit entity partnership. There will be no direct payments by the Hospitals back to the County. Packet Page -400- 9/24/2013 11 .B. GrantKimberley From: Behenna, Lecia [Lecia.Behenna @ahca.myflorida.corn] Sent: Wednesday, September 11, 2013 8:46 AM To: GrantKimberley Subject: Collier County lGT Program-underlying statute and AHCA calculations Attachments: 2013 GAA SB 1500.pdf; outpatient buybacks 2 SFY 1314.xlsx; DRG Self Funded IGT Limits 13 14.xlsx Kim, we understand that that the attached documents were requested during your discussions regarding the Agency's Intergovernmental Transfer program. 1. 2013 GAA SB 1500.pdf—this file contains the underlying statute authorizing the program of intergovernmental transfers from various local governments to obtain Federal matching funds to reduce Medicaid cost shortfalls through the increase of hospital inpatient and outpatient Medicaid rates. The specific language for the inpatient DRG Self Funded IGT program is highlighted on pages 55 & 56 and specific language for the outpatient program is highlighted on pages 58& 59. 2. outpatient buybacks 2 SFY 1314.xlsx—this file contains the calculation for the maximum amounts allowed for each hospital under the outpatient trend adjustment buy-back program. Naples Community Hospital is highlighted in blue on line 28 & Physicians Regional Medical Center (shown here using the former name of Cleveland Clinic Florida Hospital Naples) is highlighted on line 156. 3. DRG Self Funded IGT Limits 13 14.xlsx—this file contains the calculation for the maximum amounts allowed for each hospital under the inpatient DRG Self Funded IGT program. Naples Community Hospital is highlighted in blue on line 30& Physicians Regional Medical Center is highlighted on line 161. 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CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES SPECIFIC APPROPRIATION The moneys contained herein are appropriated from the named funds to the Agency for Health Care Administration, Agency for Persons with Disabilities, Department of Children and Families, Department of Elder Affairs, Department of Health, and the Department of Veterans' Affairs as the amounts to be used to pay the salaries, other operational expenditures and fixed capital outlay of the named agencies. AGENCY FOR HEALTH CARE ADMINISTRATION PROGRAM: ADMINISTRATION AND SUPPORT APPROVED SALARY RATE 11,968,804 163 SALARIES AND BENEFITS POSITIONS 249.00 FROM GENERAL REVENUE FUND 2,721,417 FROM ADMINISTRATIVE TRUST FUND . . 12,779,798 164 OTHER PERSONAL SERVICES FROM GENERAL REVENUE FUND 79,599 FROM ADMINISTRATIVE TRUST FUND . . 809,860 165 EXPENSES FROM GENERAL REVENUE FUND 150,680 FROM ADMINISTRATIVE TRUST FUND . 2,817,419 166 OPERATING CAPITAL OUTLAY FROM GENERAL REVENUE FUND 180,923 FROM ADMINISTRATIVE TRUST FUND . . 514,701 166A LUMP SUM LITIGATION EXPENSES FROM ADMINISTRATIVE TRUST FUND . . 2,224,844 167 SPECIAL CATEGORIES CONTRACTED SERVICES FROM GENERAL REVENUE FUND 230,010 FROM ADMINISTRATIVE TRUST FUND . . 3,081,244 168 SPECIAL CATEGORIES RISK MANAGEMENT INSURANCE FROM GENERAL REVENUE FUND 33,820 FROM ADMINISTRATIVE TRUST FUND . . 262,937 169 SPECIAL CATEGORIES LEASE OR LEASE-PURCHASE OF EQUIPMENT FROM GENERAL REVENUE FUND 18,346 FROM ADMINISTRATIVE TRUST FUND . . 193,114 170 SPECIAL CATEGORIES TRANSFER TO DEPARTMENT OF MANAGEMENT SERVICES - HUMAN RESOURCES SERVICES PURCHASED PER STATEWIDE CONTRACT FROM GENERAL REVENUE FUND 23,437 FROM ADMINISTRATIVE TRUST FUND . . 73,728 171 DATA PROCESSING SERVICES TECHNOLOGY RESOURCE CENTER - DEPARTMENT OF MANAGEMENT SERVICES FROM ADMINISTRATIVE TRUST FUND . . . 647,765 172 DATA PROCESSING SERVICES SOUTHW00D SHARED RESOURCE CENTER FROM ADMINISTRATIVE TRUST FUND . 25,206 173 DATA PROCESSING SERVICES NORTHW00D SHARED RESOURCE CENTER FROM ADMINISTRATIVE TRUST FUND . . . 740,756 4 Packet Page -406- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES TOTAL: PROGRAM: ADMINISTRATION AND SUPPORT FROM GENERAL REVENUE FUND 3,438,232 FROM TRUST FUNDS 24,171,372 TOTAL POSITIONS 249.00 TOTAL ALL FUNDS 27,609,604 PROGRAM: HEALTH CARE SERVICES CHILDREN'S SPECIAL HEALTH CARE Funds in Specific Appropriations 174 through 179 are provided to operate the Florida KidCare Program. The Executive Office of the Governor may authorize transfer of these resources between programs or agencies pursuant to chapter 216, Florida Statutes, based on projections from the Social Services Estimating Conference. From the funds in Specific Appropriations 174 through 179 the Agency for Health Care Administration shall seek federal approval to protect family choice and allow children under 138 percent of the Federal Poverty Level to enroll in either the Title XXI Children's Health Insurance Program (CHIP) or the Title XIX Medicaid Program. Upon federal approval, the agency may request to realign funding between the Title XIX and Title XXI programs and is authorized to submit a budget amendment pursuant to chapter 216, Florida Statutes to transfer funds as necessary to reflect actual enrollment choices. The agency is authorized to seek any necessary state plan amendment to implement additional Title XXI administrative claiming for school health services. 174 SPECIAL CATEGORIES GRANTS AND AIDS - FLORIDA HEALTHY KIDS CORPORATION FROM GENERAL REVENUE FUND 4,115,718 FROM TOBACCO SETTLEMENT TRUST FUND 65,154,585 FROM MEDICAL CARE TRUST FUND . . . 169,886,443 Funds in Specific Appropriations 174 and 177 are provided to contract with the Florida Healthy Kids Corporation to provide comprehensive health insurance coverage, including dental services, to Title XXI children eligible under the Florida KidCare Program and pursuant to section 624.91, Florida Statutes. The corporation shall use local funds to serve non-Title XXI children that are eligible for the program pursuant to section 624.91(3) (b), Florida Statutes. The corporation shall return unspent local funds collected in Fiscal Year 2012-2013 to provide premium assistance for non-Title XXI eligible children based on a formula developed by the corporation. Funds in Specific Appropriations 174, 177, 178, and 179 reflect a reduction of $18,153,658 from the General Revenue Fund and $44,504,580 from the Medical Care Trust Fund based on a transfer of children under 138 percent of the Federal Poverty Level that will transition from the Title XXI Children's Health Insurance Program (CHIP) to the Title XIX Medicaid Program, as authorized by the Federal Affordable Care Act. 175 SPECIAL CATEGORIES CONTRACTED SERVICES FROM GENERAL REVENUE FUND 565,852 FROM TOBACCO SETTLEMENT TRUST FUND 704,548 FROM GRANTS AND DONATIONS TRUST FUND 391,572 FROM MEDICAL CARE TRUST FUND . . . 3,154,539 176 SPECIAL CATEGORIES GRANTS AND AIDS - CONTRACTED SERVICES - FLORIDA HEALTHY KIDS ADMINISTRATION FROM GENERAL REVENUE FUND 1,385,084 FROM TOBACCO SETTLEMENT TRUST FUND 3,946,147 FROM MEDICAL CARE TRUST FUND . . . 13,070,463 177 SPECIAL CATEGORIES GRANTS AND AIDS - FLORIDA HEALTHY KIDS CORPORATION DENTAL SERVICES FROM GENERAL REVENUE FUND 7,601,132 ,Packet Page-407- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES FROM MEDICAL CARE TRUST FUND . . . . 19,126,107 Funds in Specific Appropriation 177 are provided for Florida Healthy Kids dental services to be paid a monthly premium of no more than $12.57 per member per month. 178 SPECIAL CATEGORIES MEDIKIDS FROM GENERAL REVENUE FUND 2,970,185 FROM TOBACCO SETTLEMENT TRUST FUND 9,571,956 FROM GRANTS AND DONATIONS TRUST FUND 12,638,710 FROM MEDICAL CARE TRUST FUND . . . 30,752,524 179 SPECIAL CATEGORIES CHILDREN'S MEDICAL SERVICES NETWORK FROM GENERAL REVENUE FUND 21,248,228 FROM TOBACCO SETTLEMENT TRUST FUND 15,619,174 FROM GRANTS AND DONATIONS TRUST FUND 2,337,513 FROM MEDICAL CARE TRUST FUND . . . 90,384,527 TOTAL: CHILDREN'S SPECIAL HEALTH CARE FROM GENERAL REVENUE FUND 38,086,199 FROM TRUST FUNDS 436,738,808 TOTAL ALL FUNDS 474,825,007 EXECUTIVE DIRECTION AND SUPPORT SERVICES From the funds in Specific Appropriations 180 through 194, the agency is authorized to contract on a contingency fee basis for post-audit claims analyses to identify and recover overpayments for the Medicaid program. The state may pay the contractor a rate based on recoveries. APPROVED SALARY RATE 31,425,047 180 SALARIES AND BENEFITS POSITIONS 744.00 FROM GENERAL REVENUE FUND 2,656,324 FROM MEDICAL CARE TRUST FUND . . . 39,358,513 181 OTHER PERSONAL SERVICES FROM GENERAL REVENUE FUND 1,774,139 FROM MEDICAL CARE TRUST FUND . . . 23,694,586 182 EXPENSES FROM GENERAL REVENUE FUND 899,820 FROM MEDICAL CARE TRUST FUND . . . 6,733,735 183 OPERATING CAPITAL OUTLAY FROM GENERAL REVENUE FUND 45,391 FROM MEDICAL CARE TRUST FUND . . . 221,266 184 LUMP SUM INTERNATIONAL CLASSIFICATION OF DISEASE- 10TH REVISION PROJECT FROM MEDICAL CARE TRUST FUND . . . . 6,963,251 185 LUMP SUM ENROLLMENT BROKER SERVICES FROM MEDICAL CARE TRUST FUND _ . . . 19,574,560 From the funds in Specific Appropriation 185, $19,574,560 from the Medical Care Trust Fund, of which $4,092,850 is nonrecurring, is provided for Enrollment Broker Services as part of the implementation of the Managed Medical Assistance component of the Statewide Medicaid Managed Care program. 186 SPECIAL CATEGORIES PHARMACEUTICAL EXPENSE ASSISTANCE FROM GENERAL REVENUE FUND 50,000 Packet Page -408- 9/24/2013 11 .E3. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES 187 SPECIAL CATEGORIES TRANSFER TO DIVISION OF ADMINISTRATIVE HEARINGS FROM GENERAL REVENUE FUND 54,645 FROM MEDICAL CARE TRUST FUND . . . 54,645 188 SPECIAL CATEGORIES CONTRACT NURSING HOME AUDIT PROGRAM FROM GENERAL REVENUE FUND 827,653 FROM MEDICAL CARE TRUST FUND . . . 1,129,095 189 SPECIAL CATEGORIES CONTRACTED SERVICES FROM GENERAL REVENUE FUND 17,138,650 FROM GRANTS AND DONATIONS TRUST FUND 1,070,535 FROM MEDICAL CARE TRUST FUND . . . 51,225,486 From the funds in Specific Appropriation 189, $1,000,000 in nonrecurring funds from the Medical Care Trust Fund is provided for the development of Florida Diagnostic Related Groups (DRG) for Medicaid hospital inpatient services. From the funds in Specific Appropriation 189, $760,000 in nonrecurring funds from the Medical Care Trust Fund is provided to continue the Enhanced Detection Technology project. From the funds in Specific Appropriation 189, $3,000,000 in nonrecurring funds from the Medical Care Trust Fund is provided for the Public Benefits Integrity Data Analytics and Information Sharing Initiative which will detect and deter fraud, waste, and abuse in Medicaid and other public benefit programs within the state. From the funds in Specific Appropriation 169, $420,000 in nonrecurring funds from the Medical Care Trust Fund is provided to contract for consultant services for Statewide Medicaid Managed Care expansion. 189A SPECIAL CATEGORIES GRANTS AND AIDS - CONTRACTED SERVICES FROM MEDICAL CARE TRUST FUND . . . . 3,000,000 From the funds in Specific Appropriation 189A, $3,000,000 from the Medical Care Trust Fund may be used by the agency to contract with the Florida Medical Schools Quality Network created under section 409.975(2), Florida Statutes. 190 SPECIAL CATEGORIES MEDICAID FISCAL CONTRACT FROM GENERAL REVENUE FUND 20,680,291 FROM MEDICAL CARE TRUST FUND . . 55,115,954 FROM REFUGEE ASSISTANCE TRUST FUND 121,329 191 SPECIAL CATEGORIES MEDICAID PEER REVIEW FROM GENERAL REVENUE FUND 1,093,903 FROM MEDICAL CARE TRUST FUND . . . 4,403,348 192 SPECIAL CATEGORIES RISK MANAGEMENT INSURANCE FROM GENERAL REVENUE FUND 333,599 FROM MEDICAL CARE TRUST FUND . . . 556,670 193 SPECIAL CATEGORIES LEASE OR LEASE-PURCHASE OF EQUIPMENT FROM GENERAL REVENUE FUND 26,165 FROM MEDICAL CARE TRUST FUND . . . 180,781 194 SPECIAL CATEGORIES TRANSFER TO DEPARTMENT OF MANAGEMENT SERVICES - HUMAN RESOURCES SERVICES PURCHASED PER STATEWIDE CONTRACT FROM GENERAL REVENUE FUND 93,415 FROM MEDICAL CARE TRUST FUND . . . 178,211 ,Packet Page -409- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES TOTAL: EXECUTIVE DIRECTION AND SUPPORT SERVICES FROM GENERAL REVENUE FUND 45,673,995 FROM TRUST FUNDS 213,581,965 TOTAL POSITIONS 744.00 TOTAL ALL FUNDS 259,255,960 MEDICAID SERVICES TO INDIVIDUALS 195 SPECIAL CATEGORIES ADULT VISION AND HEARING SERVICES FROM GENERAL REVENUE FUND 7,287,942 FROM MEDICAL CARE TRUST FUND . . . 15,992,069 FROM REFUGEE ASSISTANCE TRUST FUND 514,132 From the funds in Specific Appropriations 195, 197, 198, 201, 203, 215, 219, 222, and 223, $667,722,971 from the Medical Care Trust Fund is provided for the increased reimbursement rates for primary care services provided to eligible Medicaid recipients 196 SPECIAL CATEGORIES CASE MANAGEMENT FROM GENERAL REVENUE FUND 50,722,366 FROM MEDICAL CARE TRUST FUND . . . 73,091,733 FROM REFUGEE ASSISTANCE TRUST FUND 88,124 From the funds in Specific Appropriation 196, $1,088,797 from the Medical Care Trust Fund is provided for Medicaid reimbursable services that support children enrolled in contracted medical foster care programs under the Department of Health. This funding is contingent upon the availability of state matching funds in the Department of Health in Specific Appropriation 548. 197 SPECIAL CATEGORIES THERAPEUTIC SERVICES FOR CHILDREN FROM GENERAL REVENUE FUND 93,771,239 FROM MEDICAL CARE TRUST FUND . . . 200,648,898 FROM REFUGEE ASSISTANCE TRUST FUND 2,024 198 SPECIAL CATEGORIES COMMUNITY MENTAL HEALTH SERVICES FROM GENERAL REVENUE FUND 30,859,080 FROM MEDICAL CARE TRUST FUND . . . 76,530,256 From the funds in Specific Appropriation 198, the Agency for Health ' Care Administration is authorized to work with the Department of Children and Families and Florida county governments to develop a local match program to fund Medicaid specialized substance abuse services using local county funds. The public funds required to match Medicaid funds for the specialized substance abuse services are limited to those funds that are local public tax revenues and are made available to the state for this purpose. As required by Medicaid policy, participating counties shall make these services available to any qualified Florida Medicaid beneficiary regardless of county of residence. Payment for these services is contingent upon the local matching funds being provided by participating counties. From the funds in Specific Appropriation 198, $4,839,100 from the Medical Care Trust Fund is provided for Medicaid specialized mental health services. The agency is authorized to seek any necessary state plan amendment or federal waiver required to include mental health services for juveniles in the evidence based redirection program at the Department of Juvenile Justice. The agency is authorized to work with the department to develop a match program to fund Medicaid specialized mental health services using existing funding within the Department of Juvenile Justice. Payment for these services is contingent upon the availability of state matching funds in the Department of Juvenile Justice in Specific Appropriation 1091. 199 SPECIAL CATEGORIES ADULT DENTAL SERVICES FROM GENERAL REVENUE FUND 14,161,905 FROM MEDICAL CARE TRUST FUND . . . 20,103,532 FROM REFUGEE ASSISTANCE TRUST FUND 386,197 Packet Page -410- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES 200 SPECIAL CATEGORIES DEVELOPMENTAL EVALUATION AND INTERVENTION/ PART C FROM MEDICAL CARE TRUST FUND . . . . 9,611,211 FROM REFUGEE ASSISTANCE TRUST FUND 598 Funds in Specific Appropriation 200 are contingent on the availability of state match being provided in Specific Appropriation 554. 201 SPECIAL CATEGORIES EARLY AND PERIODIC SCREENING OF CHILDREN FROM GENERAL REVENUE FUND 133,788,069 FROM MEDICAL CARE TRUST FUND . . . 220,036,906 FROM REFUGEE ASSISTANCE TRUST FUND 341,347 202 SPECIAL CATEGORIES GRANTS AND AIDS - RURAL HOSPITAL FINANCIAL ASSISTANCE PROGRAM FROM GENERAL REVENUE FUND 1,220,185 FROM GRANTS AND DONATIONS TRUST FUND 3,794,499 FROM MEDICAL CARE TRUST FUND . . . 5,370,577 Funds in Specific Appropriation 202 are provided for a federally matched Rural Hospital Disproportionate Share program and a state funded Rural Hospital Financial Assistance program as provided in section 409.9116, Florida Statutes. From the funds in Specific Appropriation 202, the calculations of the Medicaid Hospital Funding Programs for the 2013-2014 fiscal year are incorporated by reference in Senate Bill 1502. The calculations are the basis for the appropriations made in the General Appropriations Act. 203 SPECIAL CATEGORIES FAMILY PLANNING FROM GENERAL REVENUE FUND 1,887,794 FROM MEDICAL CARE TRUST FUND . . . 22,941,992 FROM REFUGEE ASSISTANCE TRUST FUND 55,362 204 SPECIAL CATEGORIES GRANTS AND AIDS - SHANDS TEACHING HOSPITAL FROM GENERAL REVENUE FUND 9,673,569 The funds in Specific Appropriation 204, shall be primarily designated for transfer to the Agency for Health Care Administration's Grants and Donations Trust Fund for use in the Medicaid or Low Income Pool programs. Of these funds, up to $3,820,670 may be used in the Low Income Pool program or to modify Medicaid inpatient and outpatient reimbursements applied to Shands Healthcare System. The transfer of the funds from the Low Income Pool program is contingent upon another local government or healthcare taxing district providing an equivalent amount of funds to be used in the Low Income Pool program. Should the Agency for Health Care Administration be unable to use the full amount of these designated funds, remaining funds may be used secondarily for payments to Shands Teaching Hospital to continue the original purpose of providing health care services to indigent patients through Shands Healthcare System. 205 SPECIAL CATEGORIES HEALTHY START SERVICES FROM MEDICAL CARE TRUST FUND . . . 23,641,947 206 SPECIAL CATEGORIES HOME HEALTH SERVICES FROM GENERAL REVENUE FUND 72,189,495 FROM MEDICAL CARE TRUST FUND . . . 102,483,644 FROM REFUGEE ASSISTANCE TRUST FUND 252,413 From the funds in Specific Appropriation 206, $88,138 from the General Revenue Fund, $125,116 from the Medical Care Trust Fund, and $308 from the Refugee Assistance Trust Fund are provided for a rate increase for Home Health Services provided by Licensed Practical Nurses and Registered Nurses. 5 Packet Page-411- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES 207 SPECIAL CATEGORIES HOSPICE SERVICES FROM GENERAL REVENUE FUND 73,471,065 FROM HEALTH CARE TRUST FUND . . . 42,000,000 FROM GRANTS AND DONATIONS TRUST FUND 17,871,223 FROM MEDICAL CARE TRUST FUND . . . 189,286,041 From the funds in Specific Appropriation 207, $17,871,223 from the • Grants and Donations Trust Fund and $25,369,094 from the Medical Care Trust Fund are provided to buy back hospice rate reductions, effective on or after January 1, 2008, and are contingent on the nonfederal share being provided through nursing home quality assessments. Authority is granted to buy back rate reductions up to, but no higher than, the amounts available under the budgeted authority in this appropriation. In the event that the funds are not available in the Grants and Donations Trust Fund, the State of Florida is not obligated to continue reimbursements at the higher amount. 207A SPECIAL CATEGORIES GRADUATE MEDICAL EDUCATION FROM GENERAL REVENUE FUND 33,056,000 FROM MEDICAL CARE TRUST FUND . , . 46,924,644 208 SPECIAL CATEGORIES HOSPITAL INPATIENT SERVICES FROM GENERAL REVENUE FUND 353,154,126 FROM GRANTS AND DONATIONS TRUST FUND 647,646,325 FROM MEDICAL CARE TRUST FUND . . . 2,100,119,205 FROM PUBLIC MEDICAL ASSISTANCE TRUST FUND 441,860,000 FROM REFUGEE ASSISTANCE TRUST FUND 4,404,914 From the funds in Specific Appropriation 208, $192,702 in nonrecurring funds from the General Revenue Fund and $273,549 in nonrecurring funds from the Medical Care Trust Fund are provided as a special Medicaid payment for Winter Haven Hospital. From the funds in Specific Appropriation 208, $1,500,000 in nonrecurring funds from the General Revenue Fund and $2,129,325 in nonrecurring funds from the Medical Care Trust Fund are provided as a special Medicaid payment for Bethesda Hospital, Inc., located in Palm Beach County. From the funds in Specific Appropriation 208, $46,772,264 from the Medical Care Trust Fund is provided to the Agency for Health Care Administration to fund services for children in the Statewide Inpatient Psychiatric Program. The program shall be designed to permit limits on services, prior authorization of services, and selective provider enrollment. The program must also include monitoring and quality assurance, as well as discharge planning and continuing stay reviews, of all children admitted to the program. The funding is contingent upon the availability of state matching funds in the Department of Children and Family Services in Specific Appropriations 340 and 363. From the funds in Specific Appropriation 208, the calculations of the Medicaid Hospital Funding Programs for the 2013-2014 fiscal year are incorporated by reference in Senate Bill 1502. The calculations are the basis for the appropriations made in the General Appropriations Act. Funds in Specific Appropriation 208, are contingent upon the state share being provided through grants and donations from state, county or other governmental funds. In the event the state share provided through grants and donations is not available the Agency for Health Care Administration shall submit a revised hospital reimbursement plan to the Legislative Budget Commission for approval. From the funds in Specific Appropriation 208, the Agency for Health Care Administration may establish a global fee for bone marrow transplants and the global fee payment shall be paid to approved bone marrow transplant providers that provide bone marrow transplants to Medicaid beneficiaries. From the funds in Specific Appropriation 208 and 213, the Agency for Packet Page -412- 9/24/2013 11 .E3. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES Health Care Administration shall implement a process to reconcile the difference between the amount of intergovernmental transfers used by or on behalf of individual hospitals' Medicaid inpatient and outpatient rate adjustments. Reconciliations may be incorporated in Letters of Agreement for intergovernmental transfers for the 2013-2014 state fiscal year. From the funds in Specific Appropriation 208, $1,116,749 in nonrecurring funds from the General Revenue Fund and $1,585,280 in nonrecurring funds from the Medical Care Trust Fund are provided to allow for exemptions from inpatient reimbursement ceilings for any hospital that is classified as a sole community hospital under 42 C.F.R. section 412.92 but is not classified as a rural hospital under section 395.602, Florida Statutes. The Medicaid Hospital Funding Programs for Medicaid, Low Income Pool, Disproportionate Share Hospital, and Hospital Exemptions Programs for the 2013-2014 fiscal year shall not be affected by this proviso. Any hospital that was exempt from the inpatient reimbursement ceiling in the prior state fiscal year, due to their charity care and Medicaid days as a percentage to total adjusted hospital days equaling or exceeding 11 percent, but no longer meets the 11 percent threshold, because of updated audited DSH data, shall remain exempt from the inpatient reimbursement ceilings for a period of two years. From the funds in Specific Appropriations 208 and 222, $2,751,624 from the Grants and Donations Trust Fund and $3,906,068 from the Medical Care Trust Fund are provided to make Medicaid payments for multi-visceral transplant and intestine transplants in Florida. The agency shall establish a global fee for these transplant procedures and the payments shall be used to pay approved multi-visceral transplant and intestine transplant facilities a global fee for providing transplant services to Medicaid beneficiaries. Payment of the global fee is contingent upon the nonfederal share being provided through grants and donations from state, county or other governmental funds. The agency is authorized to seek any federal waiver or state plan amendment necessary to implement this provision. From the funds in Specific Appropriation 208, $149,045,656 from the Grants and Donations Trust Fund and $211,577,755 from the Medical Care Trust Fund are provided for public hospitals, including any leased public hospital determined to be covered under the state's sovereign immunity; teaching hospitals, as defined in s. 408.07 or s. 395.805, Florida Statutes, which have 70 or more full-time equivalent resident physicians; hospitals that have graduate medical education positions that do not otherwise qualify; and designated trauma hospitals to adjust the prior Medicaid inpatient trend adjustment applied to their individual hospital reimbursements and other Medicaid reductions to their inpatient reimbursements. The payments under this proviso are contingent on the state share being provided through grants and donations from state, county, or other governmental funds. This section of proviso does not include the adjustment of the Medicaid inpatient trend adjustment applied to the individual state mental health hospitals. In the event there is insufficient budget authority to fully implement this section of proviso, the Agency is authorized to submit a budget amendment in accordance with Chapter 216, Florida Statutes to obtain additional budget authority to fully implement this policy. From the funds in Specific Appropriation 208, $78,799,876 from the Grants and Donations Trust Fund and $111,860,361 from the Medical Care Trust Fund are provided for hospitals to adjust the prior Medicaid inpatient trend adjustment applied to their individual hospital reimbursements and other Medicaid reductions to their inpatient reimbursements. The payments under this proviso are contingent on the state share being provided through grants and donations from state, county, or other governmental funds. Ten percent of the federal matching funds earned through the use of intergovernmental transfers donated for hospital-specific rate adjustments under this paragraph of proviso shall be used by the Agency for Health Care Administration to fund an increase in the base rate for all hospitals. This section of proviso does not include the adjustment of the Medicaid inpatient trend adjustment applied to the individual state mental health hospitals. In the event there is insufficient budget authority to fully implement this section of proviso, the Agency is authorized to submit a budget amendment in accordance with chapter 216, Florida Statutes to obtain additional budget authority to fully implement this policy. From the funds in Specific Appropriation 208, $134,697,800 from the Packet Page -413- 9/24/2013 11 .E3. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES Grants and Donations Trust Fund and $191,210,258; from the Medical-Care. Trust Fund are provided for hospitals to allow for adjustments for inpatient reimbursement limitations for any hospital that has local funds available for intergovernmental transfers. The payments under this proviso are contingent upon the state share-being,provided through grants and donations from state, county, or other governmental funds. Ten percent of the federal; matching funds earned through the use of intergovernmental transfers donated for hospital-specific rate adjustments under this paragraph of proviso shall be used by the Agency for Health Care Administration to fund an,increase in the baseraterfor all hospitals. In the event there°is insufficient budget authority to fully implement this section of proviso, the Agency is authorized to submit a budget amendment in accordance with chapter 216, Florida Statutes to obtain additional budget authority to fully implement this policy. From the funds in Specific Appropriation 208, the agency shall establish a Diagnosis Related Grouping reimbursement methodology for hospital inpatient services as directed in section 409.905 (5) (c), Florida Statutes. The calculations for the Diagnosis Related Grouping reimbursement methodology are contained in the Medicaid Hospital Funding Programs for the 2013-2014 fiscal year and are incorporated by reference in Senate Bill 1502. The calculations are the basis for the appropriations made in the General Appropriations Act. From the funds in Specific Appropriation 208, the agency shall, by June 30, 2014, perform a reconciliation and apply positive or negative adjustments to the transitional payments to any hospital that qualified for a transitional payment. The reconciliation shall compare actual payments to baseline payments to determine qualified hospitals and the applicable transition payment amount on an individual hospital basis. Any unearned transitional funds shall be redistributed to increase hospital inpatient base rates on a statewide basis. Adjustments applied must maintain budget neutrality. The agency shall also submit a report by March 1, 2014 providing preliminary numbers on actual payments compared to the baseline payments that delineates lump sum payments and claims based on payments by hospital. The report shall be submitted to the Governor, President of the Senate, and the Speaker of the House of Representatives. From the funds in Specific Appropriation 208, the agency shall apply a four percent adjustment for anticipated case mix increases from improved documentation and coding through the implementation of Diagnosis Related Grouping. The agency shall also apply a one percent adjustment for real case mix change. By February 28, 2014, the agency shall perform a reconciliation and apply positive or negative adjustments to the reimbursements. Effective March 1, 2014, adjustments will be performed prospectively from the recalculation of individual hospital base rates to be applied for the remainder of the fiscal year. Adjustments applied must maintain budget neutrality on an annual basis. The reconciliation shall not include the lump sum transitional payments. 209 SPECIAL CATEGORIES REGULAR DISPROPORTIONATE SHARE FROM GENERAL REVENUE FUND . . 750,000 FROM GRANTS AND DONATIONS TRUST FUND 95,243,343 FROM MEDICAL CARE TRUST FUND . . . 132,998,411 Funds in Specific Appropriation 209 shall be used for a Disproportionate Share Hospital Program as provided in sections 409.911, 409.9113, and 409.9119, Florida Statutes, and are contingent on the state share being provided through grants and donations from state, county, or other government entities. From the funds in Specific Appropriation 209, the calculations of the Medicaid Hospital Funding Programs for the 2013-2014 fiscal year are incorporated by reference in Senate Bill 1502. The calculations are the basis for the appropriations made in the General Appropriations Act. 210 SPECIAL CATEGORIES LOW INCOME POOL FROM GENERAL REVENUE FUND 9,208,486 FROM GRANTS AND DONATIONS TRUST FUND 404,194,640 FROM MEDICAL CARE TRUST FUND . . . 586,846,674 Packet Page -414- 9/24/2013 11.B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES From the funds in Specific Appropriation 210, the calculations of the Medicaid Hospital Funding Programs for the 2013-2014 fiscal year are incorporated by reference in Senate Bill 1502. The calculations are the basis for the appropriations made in the General Appropriations Act. From the funds in Specific Appropriation 210, the agency is authorized to transfer a hospital's low-income pool payments between the various low-income programs listed in this specific appropriation if it is required to obtain approval of the low-income pool payment methodology from the Centers for Medicare and Medicaid Services. Any transfer of funds, however, is contingent on the hospital's net low-income pool payments under the low-income pool plan remaining unchanged. From the funds in Specific Appropriation 210, in the event that the amount of approved nonfederal share of matching funds is not provided by local governmental entities, the agency may re-allocate low-income pool funds between programs described within this specific appropriation as necessary to ensure sufficient nonfederal matching funds. No re-allocation, under this provision, of low-income pool funds may occur if the level of program increase for any provider access system exceeds the amount of the additional increases in the local nonfederal share match that their local governments transfer to the state Medicaid program, and for which the provider access system would have otherwise received. From the funds in Specific Appropriation 210, the agency may make low-income pool Medicaid payments to hospitals in an accelerated manner that is more frequent than on a quarterly basis subject to the availability of state, local and federal funds. Funds provided in Specific Appropriation 210, are contingent upon the nonfederal share being provided through grants and donations from state, county or other governmental funds. In the event the nonfederal share provided through grants and donations is not available to fund the Medicaid low-income payments for eligible Medicaid providers, known as provider access systems, the agency shall submit a revised low-income pool plan to the Legislative Budget Commission for approval. Distribution of such funds provided in Specific Appropriation 210 is contingent upon approval from the Centers for Medicare and Medicaid Services. 211 SPECIAL CATEGORIES FREESTANDING DIALYSIS CENTERS FROM GENERAL REVENUE FUND 7,431,719 FROM MEDICAL CARE TRUST FUND . . . 10,549,697 Funds in Specific Appropriation 211 are for the inclusion of freestanding dialysis clinics in the Medicaid program. The agency shall limit payment to $125.00 per visit for each dialysis treatment. Freestanding dialysis facilities may obtain, administer and submit claims directly to the Medicaid program for End-Stage Renal Disease pharmaceuticals subject to coverage and limitations policy. All pharmaceutical claims for this purpose must include National Drug Codes (NDC) to permit the invoicing for federal and/or state supplemental rebates from manufacturers. Claims for drug products that do not include National Drug Code information are not payable by Florida Medicaid unless the drug product is exempt from federal rebate requirements. From the funds in Specific Appropriation 211, the Agency for Health Care Administration shall work with dialysis providers, managed care organizations, and physicians to ensure that all Medicaid patients with End Stage Renal Disease (ESRD) are educated and assessed by their physician and dialysis provider to determine their suitability for peritoneal dialysis (PD) as a modality choice. Further, the agency shall consult with the dialysis community concerning suitable voluntary reporting to the state Medicaid program on members' PD suitability. 212 SPECIAL CATEGORIES oft HOSPITAL INSURANCE BENEFITS FROM GENERAL REVENUE FUND 75,584,600 FROM MEDICAL CARE TRUST FUND . . . 107,296,115 Packet Page -415- 9/24/2013 11 .E3. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES 213 SPECIAL CATEGORIES HOSPITAL OUTPATIENT SERVICES FROM GENERAL REVENUE FUND 218,346,658 FROM GRANTS AND DONATIONS TRUST FUND 183,698,474 FROM MEDICAL CARE TRUST FUND . . . 721,703,240 FROM PUBLIC MEDICAL ASSISTANCE TRUST FUND 105,000,000 FROM REFUGEE ASSISTANCE TRUST FUND 2,725,366 From the funds in Specific Appropriation 213, $394,685 in nonrecurring funds from the General Revenue Fund and $560,274 in nonrecurring funds from the Medical Care Trust Fund are provided as a special Medicaid payment for Winter Haven Hospital. From the funds in Specific Appropriation 213, $4,380,183 from the General Revenue Fund, $6,217,888 from the Medical Care Trust Fund, and $58,167 from the Refugee Assistance Trust Fund are provided to restore the reduction in outpatient hospital reimbursement rates. From the funds in Specific Appropriation 213, the calculations of the Medicaid Hospital Funding Programs for the 2013-2014 fiscal year are incorporated by reference in Senate Bill 1502. The calculations are the basis for the appropriations made in the General Appropriations Act. From the funds in Specific Appropriation 213, $26,673,305 from the Grants and Donations Trust Fund and $37,864,089 from the Medical Care Trust Fund are provided so that the agency may amend its current facility fees and physician services to allow for payments to hospitals providing primary care to low-income individuals and participating in the Primary Care Disproportionate Share Hospital (DSH) program in Fiscal Year 2003-2004 provided such hospital implements an emergency room diversion program so that non-emergent patients are triaged to lesser acute settings; or a public hospital assumed the fiscal and operating responsibilities for one or more primary care centers previously operated by the Florida Department of Health or the local county government. Any payments made to qualifying hospitals because of this change shall be contingent on the state share being provided through grants and donations from counties, local governments, public entities, or taxing districts, and federal matching funds. This provision shall be contingent upon federal approval of a state plan amendment. From the funds in Specific Appropriation 213, $7,182,339 from the Grants and Donations Trust Fund and $10,195,689 from the Medical Care Trust Fund program are provided to increase the outpatient cap for adults from $1,000 to $1,500 per year. From the funds in Specific Appropriation 213, $35,241,725 from the Grants and Donations Trust Fund and $50,027,389 from the Medical Care Trust Fund are provided for public hospitals, including any leased public hospital found to have sovereign immunity, teaching hospitals as defined in section 408.07 (45) or 395.805, Florida Statutes, which have seventy or more full-time equivalent resident physicians, hospitals with graduate medical education positions that do not otherwise qualify, and designated trauma hospitals to buy back the Medicaid outpatient trend adjustment applied to their individual hospital rates and other Medicaid reductions to their outpatient rates up to actual Medicaid outpatient cost. The payments under this proviso are contingent on the state share being provided through grants and donations from state, county or other governmental funds. This section of proviso does not include the buy back of the Medicaid outpatient trend adjustment applied to the individual state mental health hospitals. In the event there is insufficient budget authority to fully implement this section of proviso, the Agency is authorized to submit a budget amendment in accordance with Chapter 216, Florida Statutes to obtain additional budget authority to fully implement this policy. From the funds in Specific Appropriation 213, $472,119 in nonrecurring funds from the General Revenue Fund and $670,197 in nonrecurring funds from the Medical Care Trust Fund are provided to allow for exemptions from outpatient reimbursement ceilings>for any hospital that is classified as a sole community hospital under 42 C:F.R. section 412.92 but is not classified as a 'rural hospital under section 395.602, Florida Statutes. The Medicaid Hospital Funding Programs for Medicaid, Low Income Pool, Disproportionate Share Hospital, and,Hospital Exemptions Programs for the 2013-2014 fiscal year shall not be affected by this proviso. Packet Page-416- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 HUMAN SERVICES From the funds in Specific Appropriation 213, $29,028,632 from the Grants and Donations Trust Fund and $28,431,644 from the Medical Care Trust Fund are provided for hospitals to buy back the Medicaid outpatient trend adjustment applied to their individual hospital rates and other Medicaid reductions to their outpatient rates up to actual Medicaid outpatient cost. The payments under this proviso are contingent on the state share being provided through grants and donations from state, county, or other governmental funds. This section of proviso does not include the buy back: of the Medicaid outpatient trend adjustment applied to the individual state mental health hospitals.. In the event there is insufficient'budget authority to fully implement this section of proviso, the Agency is authorized to submit a budget amendment in accordance with Chapter 216, Florida Statutes to obtain additional budget authority to fully implement this policy. From the funds in Specific Appropriation 213, $24,614,732 from.the Grants and Donations Trust Fund and $34,941,842 from the Medical Care Trust Fund are provided for hospitals to allow for exemptions from outpatient reimbursement limitations for any hospital that has local funds available for intergovernmental transfers. The payments.under this proviso are contingent upon the state share being provided through grants and donations from state, county, or other governmental funds. This section of proviso does not include the buy back of the_Medicaid inpatient trend adjustment applied to the'individual state mental health hospitals. In the event there is insufficient budget authority to fully implement this section of proviso, the Agency is authorized to submit a budget amendment in accordance with Chapter 216, Florida Statutes to obtain additional budget authority to fully implement this proviso. 214 SPECIAL CATEGORIES RESPIRATORY THERAPY SERVICES FROM GENERAL REVENUE FUND 7,752,707 FROM MEDICAL CARE TRUST FUND 11,006,669 215 SPECIAL CATEGORIES NURSE PRACTITIONER SERVICES FROM GENERAL REVENUE FUND 2,728,881 FROM MEDICAL CARE TRUST FUND . . 5,837,168 216 SPECIAL CATEGORIES BIRTHING CENTER SERVICES FROM GENERAL REVENUE FUND 621,687 FROM MEDICAL CARE TRUST FUND . . . 882,520 217 SPECIAL CATEGORIES OTHER LAB AND X-RAY SERVICES FROM GENERAL REVENUE FUND 52,165,659 FROM MEDICAL CARE TRUST FUND . . . 74,053,551 FROM REFUGEE ASSISTANCE TRUST FUND 1,050,818 218 SPECIAL CATEGORIES PATIENT TRANSPORTATION FROM GENERAL REVENUE FUND 57,168,780 FROM MEDICAL CARE TRUST FUND . . . 81,153,938 FROM REFUGEE ASSISTANCE TRUST FUND 52,616 219 SPECIAL CATEGORIES PHYSICIAN ASSISTANT SERVICES FROM GENERAL REVENUE FUND 5,484,355 FROM MEDICAL CARE TRUST FUND . . . 12,939,600 FROM REFUGEE ASSISTANCE TRUST FUND 22,846 220 SPECIAL CATEGORIES PERSONAL CARE SERVICES FROM GENERAL REVENUE FUND 19,954,274 FROM MEDICAL CARE TRUST FUND . . 28,326,090 221 SPECIAL CATEGORIES PHYSICAL REHABILITATION THERAPY FROM GENERAL REVENUE FUND 4,381,243 FROM MEDICAL CARE TRUST FUND . . . . 6,220,364 222 SPECIAL CATEGORIES PHYSICIAN SERVICES FROM GENERAL REVENUE FUND 302,586,950 FROM HEALTH CARE TRUST FUND . . . 19,200,000 Packet Page-417- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES FROM TOBACCO SETTLEMENT TRUST FUND 61,738,330 FROM GRANTS AND DONATIONS TRUST FUND 271,824 FROM MEDICAL CARE TRUST FUND . . . 1,090,020,926 FROM PUBLIC MEDICAL ASSISTANCE TRUST FUND 60,800,000 FROM REFUGEE ASSISTANCE TRUST FUND 4,162,793 From the funds in Specific Appropriation 222, the agency is authorized to continue the physician lock-in program for recipients who participate in the pharmacy lock-in program. From the funds in Specific Appropriation 222, $120,000,000 from the Medical Care Trust Fund is provided for special Medicaid payments for services provided by doctors of medicine and osteopathy as well as other licensed health care practitioners acting under the supervision of those doctors pursuant to existing statutes and written protocols employed by or under contract with a medical school in Florida. The expansion of existing programs to increase federal reimbursements through Upper Payment Limit (UPL) provisions, shall be contingent upon the availability of state match from existing state funds or local sources that do not increase the current requirement for state general revenue or tobacco settlement funds. The agency is authorized to seek a Florida Title XIX State Plan Amendment necessary to implement these payments. From the funds in Specific Appropriation 222, the Agency for Health Care Administration shall seek federal approval to implement a supplemental payment program for medical school faculty who provide services to Medicaid beneficiaries enrolled in capitated managed care plans so that such payments may be made directly to physicians employed by or under contract with the state's medical schools for costs associated with graduate medical education or their teaching mission. The agency shall amend its Medicaid policies as necessary to implement this program. Nothing herein shall be construed as requiring capitated managed care plans to fund the state share of the supplemental payments. From the funds in Specific Appropriation 222, $661,280 from the General Revenue Fund and $938,720 from the Medical Care Trust Fund are provided to make Medicaid payments for vagus nerve stimulation devices, outside of the hospital inpatient reimbursements, for beneficiaries diagnosed with epilepsy, effective July 1, 2013. The cost of the device would thereafter be excluded from allowable costs for hospital reimbursements. 223 SPECIAL CATEGORIES PREPAID HEALTH PLANS FROM GENERAL REVENUE FUND 1,258,939,403 FROM HEALTH CARE TRUST FUND . . . 485,600,000 FROM MEDICAL CARE TRUST FUND . . . 2,684,278,732 FROM REFUGEE ASSISTANCE TRUST FUND 22,863,755 From the funds in Specific Appropriation 223, $876,037 from the General Revenue Fund, $1,232,053 from the Medical Care Trust Fund, and $11,525 from the Refugee Assistance Trust Fund are provided to restore the reduction to Health Maintenance Organization and Provider Service Network capitation payments as a result of reducing the reimbursement of outpatient hospital rates, effective September 1, 2012. From the funds in Specific Appropriation 223, $9,563,931 from the General Revenue Fund, of which $4,781,966 is nonrecurring, $13,577,712 from the Medical Care Trust Fund, of which $6,788,856 is nonrecurring, and $127,008 from the Refugee Assistance Trust Fund, of which $63,504 is nonrecurring, are provided to Health Maintenance Organization and Provider Service Network capitation payments as a result of increased hospital inpatient reimbursements related to the implementation of the Diagnosis Related Grouping reimbursement methodology. 224 SPECIAL CATEGORIES PRESCRIBED MEDICINE/DRUGS FROM GENERAL REVENUE FUND 259,620,949 FROM HEALTH CARE TRUST FUND . . . 71,100,000 FROM GRANTS AND DONATIONS TRUST FUND 916,367,885 FROM MEDICAL CARE TRUST FUND . . 263,737,720 FROM REFUGEE ASSISTANCE TRUST FUND 4,393,827 From the funds in Specific Appropriation 224, the Agency for Health Packet Page -418- 9/24/2013 11 B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES Care Administration may continue to contract with the existing provider for the Medicaid Prescribed Drug rebate program. 225 SPECIAL CATEGORIES MEDICARE PART D PAYMENT FROM GENERAL REVENUE FUND 501,171,138 226 SPECIAL CATEGORIES PRIVATE DUTY NURSING SERVICES FROM GENERAL REVENUE FUND 60,883,168 FROM MEDICAL CARE TRUST FUND . . . 86,432,856 From the funds in Specific Appropriation 226, $3,878,652 from the General Revenue Fund and $5,506,332 from the Medical Care Trust Fund are provided for a rate increase for Private Duty Nursing services provided by Licensed Practical Nurses. 227 SPECIAL CATEGORIES RURAL HEALTH SERVICES FROM GENERAL REVENUE FUND 59,665,133 FROM MEDICAL CARE TRUST FUND . . . 84,705,132 FROM REFUGEE ASSISTANCE TRUST FUND 236,153 From the funds in Specific Appropriation 227, Federally Qualified Health Centers will be reimbursed an encounter rate per visit up to a maximum of one each, medical, dental, and behavioral health per day. Centers that provide dental and behavioral health services in addition to primary health care, shall make all reasonable efforts to accommodate the medical needs of their clients within one day. 228 SPECIAL CATEGORIES SPEECH THERAPY SERVICES FROM GENERAL REVENUE FUND 21,924,807 FROM MEDICAL CARE TRUST FUND . . . 31,123,757 FROM REFUGEE ASSISTANCE TRUST FUND 2,584 229 SPECIAL CATEGORIES MEDIPASS SERVICES FROM GENERAL REVENUE FUND 9,010,433 FROM MEDICAL CARE TRUST FUND . . . 12,792,174 FROM REFUGEE ASSISTANCE TRUST FUND 74,106 230 SPECIAL CATEGORIES SUPPLEMENTAL MEDICAL INSURANCE FROM GENERAL REVENUE FUND 555,944,679 FROM MEDICAL CARE TRUST FUND . . . 780,473,779 FROM REFUGEE ASSISTANCE TRUST FUND 155 231 SPECIAL CATEGORIES OCCUPATIONAL THERAPY SERVICES FROM GENERAL REVENUE FUND 14,404,157 FROM MEDICAL CARE TRUST FUND . . . 20,448,060 FROM REFUGEE ASSISTANCE TRUST FUND 163 232 SPECIAL CATEGORIES CLINIC SERVICES FROM GENERAL REVENUE FUND 34,681,469 FROM GRANTS AND DONATIONS TRUST FUND 9,544,804 FROM MEDICAL CARE TRUST FUND . . . 62,781,404 FROM REFUGEE ASSISTANCE TRUST FUND 564,084 From the funds in Specific Appropriation 232, $9,544,804 from the Grants and Donations Trust Fund and $13,549,326 from the Medical Care Trust Fund are provided to buy back clinic services rate adjustments, effective on or after July 1, 2008, and are contingent on the nonfederal share being provided through grants and donations from state, county or other governmental funds. Authority is granted to buy back rate reductions up to, but not higher than the amounts available under the authority appropriated in this line. In the event that the funds are not available in the Grants and Donations Trust Fund, the State of Florida is not obligated to continue reimbursements at the higher amount. From the funds in Specific Appropriation 232, the Agency for Health Packet Page -419- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES Care Administration shall apply a recurring methodology to establish rates taking into consideration the reductions imposed on or after October 1, 2008 in the following manner: (1) the agency shall divide the total amount of each recurring reduction imposed by the number of visits originally used in the rate calculation for each rate setting period on or after October 1, 2008, which will yield a rate reduction per diem for each rate period; (2) the agency shall multiply the resulting rate reduction per diem for each rate setting period on or after October 1, 2008 by the projected number of visits used in establishing the current budget estimate which will yield the total current reduction amount to be applied to current rates; (3) in the event the total current reduction amount is greater than the historical reduction amount, the agency shall hold the rate reduction to the historical reduction amount. 233 SPECIAL CATEGORIES MEDICAID SCHOOL REFINANCING FROM MEDICAL CARE TRUST FOND . . . . 97,569,420 From the funds in Specific Appropriation 233, the Agency for Health Care Administration shall conduct a study to determine the fiscal impact of Medicaid school health cost settlement. The study shall be completed by December 31, 2013, and the agency is authorized to seek a Medicaid state plan amendment to allow a Medicaid cost settlement program to maximize federal Medicaid funds through Medicaid claiming for school districts. TOTAL: MEDICAID SERVICES TO INDIVIDUALS FROM GENERAL REVENUE FUND 4,415,654,170 FROM TRUST FUNDS 13,708,186,576 TOTAL ALL FUNDS 18,123,840,746 MEDICAID LONG TERM CARE The Agency for Health Care Administration shall submit a budget amendment in accordance with the provisions of chapter 216, Florida Statutes to realign funding based on the implementation of the Statewide Medicaid Managed Care Long Term Care Program as authorized in chapter 2011-134, Laws of Florida. The funding realignment shall reflect the actual enrollment changes due to the transfer of beneficiaries from fee-for-service to capitated managed care plans for long term care services. 234 SPECIAL CATEGORIES ASSISTIVE CARE SERVICES FROM MEDICAL CARE TRUST FUND . . . . 26,179,861 Funds in Specific Appropriation 234 are provided to implement Medicaid coverage for Assistive Care Services and are contingent on the availability of state match being provided in Specific Appropriation 397. 235 SPECIAL CATEGORIES HOME AND COMMUNITY BASED SERVICES FROM GENERAL REVENUE FUND 85,539,818 FROM GRANTS AND DONATIONS TRUST FUND 2,463,268 FROM MEDICAL CARE TRUST FUND . . . 1,057,550,542 Funds in Specific Appropriations 235 and 244 for the Developmental Services Waiver, the Aged and Disabled Waiver, the Project AIDS Care Waiver, and the Nursing Home Diversion Waiver may be used for reimbursement for services provided through agencies licensed pursuant to section 400.506, Florida Statutes. From the funds in Specific Appropriation 235, $8,141,838 from the General Revenue Fund and $11,557,746 from the Medical Care Trust Fund are provided to serve elders in the Aged and Disabled Adult Home and Community Based Services Waiver. Individuals from the waitlist who are assessed at a priority score of five or higher shall be enrolled first. From the funds in Specific Appropriation 235, $2,463,268 in nonrecurring funds from the Grants and Donations Trust Fund and $3,496,733 in nonrecurring funds from the Medical Care Trust Fund are Packet Page-420- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES provided for the Channeling Waiver. 236 SPECIAL CATEGORIES ASSISTED LIVING FACILITY WAIVER FROM GENERAL REVENUE FUND 15,398,443 FROM MEDICAL CARE TRUST FUND . . . 21,858,860 237 SPECIAL, CATEGORIES INTERMEDIATE CARE FACILITIES/MENTALLY RETARDED - SUNLAND CENTER FROM MEDICAL CARE TRUST FUND . . . . 91,958,103 From the funds in Specific Appropriations 237, 238, and 239, the Agency for Health Care Administration, in consultation with the Agency for Persons with Disabilities, is authorized to transfer funds, in accordance with the provisions of chapter 216, Florida Statutes, to Specific Appropriation 267 for the Developmental Disabilities Home and Community based waiver, Tier 1 through 3; Family Supported Living Waiver (Tier 4); and the Developmental Disabilities Individual Budget Waiver. Priority for the use of these funds will be given to the planning and service areas with the greatest potential for transition success. 238 SPECIAL CATEGORIES INTERMEDIATE CARE FACILITIES/ DEVELOPMENTALLY DISABLED COMMUNITY FROM GENERAL REVENUE FUND 85,477,736 FROM GRANTS AND DONATIONS TRUST FUND 15,083,253 FROM MEDICAL CARE TRUST FUND . . . 142,751,349 From the funds in Specific Appropriation 238, $15,083,253 from the Grants and Donations Trust Fund and $21,411,431 from the Medical Care Trust Fund are provided to buy back intermediate care facilities for the developmentally disabled rate reductions, effective on or after October 1, 20D8 and are contingent on the nonfederal share being provided through intermediate care facilities for the developmentally disabled quality assessments. Authority is granted to buy back rate reductions up to, but not higher than, the amounts available under the budgeted authority in this line. In the event that the funds are not available in the Grants and Donations Trust Fund, the State of Florida is not obligated to continue reimbursements at the higher amount. The recurring methodology to be utilized by the agency to establish rates taking into consideration the cuts imposed on or after October 1, 2008, shall be to compare the average unit appropriation with actual average unit cost as follows: 1) the average unit appropriation shall be determined by dividing the total appropriation in Specific Appropriation 238 by the total bed days for the past fiscal year; 2) the total actual cost as generated based on the October 1 and April 1 rate settings shall be divided by the total bed days for the past fiscal year to determine the actual unit cost; 3) the actual unit cost shall be reduced to a Reduced Actual Unit Cost by the same percentage used to calculate the Legislative Appropriation to account for client participation contributions; 4) no negative adjustment to the rates paid to providers shall occur so long as the Reduced Actual Unit Cost is equal to or less than the average unit appropriation; 5) and in the event the Reduced Actual Unit Cost is greater than the average unit appropriation a prorated reduction shall be imposed on all rates after all Quality Assessment Fee funds have been exhausted to cover the rate reductions. 239 SPECIAL CATEGORIES NURSING HOME CARE FROM GENERAL REVENUE FUND 539,897,130 FROM HEALTH CARE TRUST FUND . _ . 270,000,000 FROM GRANTS AND DONATIONS TRUST FUND 418,691,778 FROM MEDICAL CARE TRUST FUND . . . 1,776,707,264 From the funds in Specific Appropriation 239, $4,547,201 from the Grants and Donations Trust Fund and $6,454,979 from the Medical Care Trust Fund are provided for the purpose of maximizing federal revenues through the continuation of the Special Medicaid Payment Program for governmentally funded nursing homes. Any requests pursuant to chapter 216, Florida Statutes, by the Agency for Health Care Administration to increase budget authority to expand existing programs using increased Packet Page-421- 9/24/2013 11.E3. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES federal reimbursement through these provisions, shall be contingent upon the availability of state match from existing state funds or local sources that do not increase the current requirement for state general revenue. The agency is authorized to seek federal Medicaid waivers as necessary to implement this provision. From the funds in Specific Appropriation 239, the Agency for Health Care Administration, in consultation with the Department of Health, is authorized to transfer funds, in accordance with the provisions of chapter 216, Florida Statutes, to Specific Appropriation 235 specifically for slots under the Model Waiver, Specific Appropriation 235 Home and Community Based Services Waiver, Specific Appropriation 236 Assisted Living Facility Waiver, Specific Appropriation 244 Capitated Nursing Home Diversion Waiver, and Specific Appropriation 532 Brain and Spinal Cord Home and Community Based Services Waiver to transition the greatest number of appropriate eligible beneficiaries from skilled nursing facilities to community-based alternatives in order to maximize the reduction in Medicaid nursing home occupancy. Priority for the use of these funds will be given to the planning and service areas with the greatest potential for transition success. From the funds in Specific Appropriation 239, $412,362,977 from the Grants and Donations Trust Fund and $585,369,849 from the Medical Care Trust Fund are provided to buy back nursing facility rate reductions, effective on or after January 1, 2008, and are contingent on the non federal share being provided through nursing home quality assessments. Authority is granted to buy back rate reductions up to, but not higher than the amounts available under the budgeted authority in this line. In the event that the funds are not available in the Grants and Donations Trust Fund, the State of Florida is not obligated to continue reimbursements at the higher amount. Funds in Specific Appropriation 239 reflect a reduction of $1,699,820 from the General Revenue Fund and $2,412,979 from the Medical Care Trust Fund as a result of eliminating the AIDS Supplemental Payment to Nursing Homes. From the funds in Specific Appropriation 239, $1,038,000 from the General Revenue Fund and $1,473,493 from the Medical Care Trust Fund are provided to create a supplemental payment for the care of medically complex, technologically dependent adults residing in Nursing Homes. 241 SPECIAL CATEGORIES STATE MENTAL HEALTH HOSPITAL PROGRAM FROM MEDICAL CARE TRUST FUND . . . . 9,034,830 242 SPECIAL CATEGORIES MENTAL HEALTH HOSPITAL DISPROPORTIONATE SHARE FROM MEDICAL CARE TRUST FUND . . . . 70,126,164 243 SPECIAL CATEGORIES T.S. HOSPITAL DISPROPORTIONATE SHARE FROM MEDICAL CARE TRUST FUND . . . 2,382,533 244 SPECIAL CATEGORIES CAPITATED NURSING HOME DIVERSION WAIVER FROM GENERAL REVENUE FUND 150,660,544 FROM MEDICAL CARE TRUST FUND . . . 213,870,173 From the funds in Specific Appropriation 244, $2,270,921 from the General Revenue Fund and $3,223,687 from the Medical Care Trust Fund are provided to expand the current Nursing Home Diversion program by the greatest number of slots permissible under the additional funding. Individuals from the waitlist who are assessed at a priority score of four or higher shall be enrolled first. 245 SPECIAL CATEGORIES PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) FROM MEDICAL CARE TRUST FUND . . . . 30,402,775 Packet Page-422- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 1500 SECTION 3 - HUMAN SERVICES TOTAL: MEDICAID LONG TERM CARE FROM GENERAL REVENUE FUND 876,973,671 FROM TRUST FUNDS 4,149,060,753 TOTAL ALL FUNDS 5,026,034,424 PROGRAM; HEALTH CARE REGULATION HEALTH CARE REGULATION APPROVED SALARY RATE 28,391,240 246 SALARIES AND BENEFITS POSITIONS 659.00 FROM GENERAL REVENUE FUND 108,895 FROM HEALTH CARE TRUST FUND . . 37,654,989 247 OTHER PERSONAL SERVICES FROM HEALTH CARE TRUST FUND . . . 555,144 248 EXPENSES FROM GENERAL REVENUE FUND 22,440 FROM HEALTH CARE TRUST FUND . . . 8,018,278 249 OPERATING CAPITAL OUTLAY FROM HEALTH CARE TRUST FUND . . . . 87,054 250 SPECIAL CATEGORIES TRANSFER TO DIVISION OF ADMINISTRATIVE HEARINGS FROM HEALTH CARE TRUST FUND . . . . 350,130 251 SPECIAL CATEGORIES CONTRACTED SERVICES FROM HEALTH CARE TRUST FUND . . . . 4,711,027 FROM QUALITY OF LONG-TERM CARE FACILITY IMPROVEMENT TRUST FUND . . 1,000,000 252 SPECIAL CATEGORIES EMERGENCY ALTERNATIVE PLACEMENT FROM HEALTH CARE TRUST FUND . . . . 806,629 253 SPECIAL CATEGORIES MEDICAID SURVEILLANCE FROM HEALTH CARE TRUST FUND . . . . 111,820 254 SPECIAL CATEGORIES RISK MANAGEMENT INSURANCE FROM HEALTH CARE TRUST FUND . . . . 785,392 255 SPECIAL CATEGORIES LEASE OR LEASE-PURCHASE OF EQUIPMENT FROM HEALTH CARE TRUST FUND . . . . 140,269 256 SPECIAL CATEGORIES TRANSFER TO DEPARTMENT OF MANAGEMENT SERVICES - HUMAN RESOURCES SERVICES PURCHASED PER STATEWIDE CONTRACT FROM GENERAL REVENUE FUND 789 FROM HEALTH CARE TRUST FUND . . . 235,011 257 SPECIAL CATEGORIES STATE OPERATIONS - AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FROM HEALTH CARE TRUST FUND . . . . 640,071 258 SPECIAL CATEGORIES GRANTS AND AIDS - CONTRACTED SERVICES - AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FROM HEALTH CARE TRUST FUND . . . . 86,721,009 From the funds in Specific Appropriation 258, $76,578,879 in nonrecurring funds from the Health Care Trust Fund is provided for incentive payments to eligible Medicaid providers and hospitals for the adoption and meaningful use of certified electronic health records technology. Packet Page-423- 9/24/2013 11 .B. CONFERENCE REPORT ON SENATE BILL 150D SECTION 3 - HUMAN SERVICES TOTAL; HEALTH CARE REGULATION FROM GENERAL REVENUE FUND 132,124 FROM TRUST FUNDS 141,816,823 TOTAL POSITIONS 659.00 TOTAL ALL FUNDS 141,948,947 TOTAL: AGENCY FOR HEALTH CARE ADMINISTRATION FROM GENERAL REVENUE FUND 5,379,958,391 FROM TRUST FUNDS 18,673,556,297 TOTAL POSITIONS 1,652.00 TOTAL ALL FUNDS 24,053,514,688 TOTAL APPROVED SALARY RATE . . . 71,785,091 AGENCY FOR PERSONS WITH DISABILITIES PROGRAM: SERVICES TO PERSONS WITH DISABILITIES HOME AND COMMUNITY SERVICES APPROVED SALARY RATE 9,715,998 259 SALARIES AND BENEFITS POSITIONS 280.50 FROM GENERAL REVENUE FUND 7,061,349 FROM OPERATIONS AND MAINTENANCE TRUST FUND 5,571,540 FROM SOCIAL SERVICES BLOCK GRANT TRUST FUND 153,433 260 OTHER PERSONAL SERVICES FROM GENERAL REVENUE FUND 1,748,739 FROM OPERATIONS AND MAINTENANCE TRUST FUND 1,771,141 FROM SOCIAL SERVICES BLOCK GRANT TRUST FUND 422,396 261 EXPENSES FROM GENERAL REVENUE FUND 907,982 FROM OPERATIONS AND MAINTENANCE TRUST FUND 1,113,286 FROM SOCIAL SERVICES BLOCK GRANT TRUST FUND 193,061 262 OPERATING CAPITAL OUTLAY FROM GENERAL REVENUE FUND 9,060 FROM OPERATIONS AND MAINTENANCE TRUST FUND 26,334 263 SPECIAL CATEGORIES GRANT AND AID INDIVIDUAL AND FAMILY SUPPORTS FROM GENERAL REVENUE FUND 3,080,000 FROM SOCIAL SERVICES BLOCK GRANT TRUST FUND 12,106,771 Funds in Specific Appropriation 263 expended for developmental training programs shall require a 12.5 percent match from local sources. In-kind match is acceptable provided there are no reductions in the number of persons served or level of services provided. From the funds in Specific Appropriation 263, $500,000 from nonrecurring general revenue funds is provided for supported employment services for individuals on the waiting list for the Developmental Disabilities Medicaid Waiver programs in Specific Appropriation 267. The supported employment services shall be provided in a manner consistent with the same rules and regulations governing these services in the Developmental Disabilities Medicaid Waiver programs, and may additionally be used toward obtaining and maintaining paid or unpaid internships. 264 SPECIAL CATEGORIES ROOM AND BOARD PAYMENTS FOR 1 DEVELOPMENTALLY DISABLED FROM GENERAL REVENUE FUND 2,839,201 Packet Page -424- 9/24/2013 11.B. AGREEMENT THIS AGREEMENT is made and entered into this September 24, 2013 by and between Collier County, Florida, a political subdivision of the State of Florida, hereinafter referred to as"the County" and David Lawrence Mental Health Center, Inc. d/b/a David Lawrence Center, a Florida not-for-profit corporation, hereinafter referred to as"the Center". RECITALS: WHEREAS, Section 125.01(1)(e), Florida Statutes, authorizes the County to provide emergency medical services (EMS) for the residents of Collier County to the extent not inconsistent with general or special law; and WHEREAS,The establishment and maintenance of such programs are in the common interest of the people of Collier County; and WHEREAS, The County desires the Center to become a community health partner to assist with services to the uninsured and underinsured residents of the County, where no existing state or federal resources are available;and WHEREAS, The Center desires to be a community health partner and is willing to voluntarily provide financial assistance for such services, subject to the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree as follows: ARTICLE I CONTRIBUTION OF FUNDS The Center will provide a financial contribution or donation in the amount of$3,653,242 (three million six hundred fifty three thousand two hundred forty-two dollars) to the County to help offset the cost of EMS services to the uninsured and underinsured residents of the county. ARTICLE II PAYMENTS There are no pre-arranged agreements (contractual or otherwise) between the County and the Center to re-direct any portion of Medicaid supplemental payments in order to satisfy non-Medicaid services. ARTICLE III TERMS OF AGREEMENT AND TERMINATION 1. The term of this Agreement shall be October 1, 2013 through September 30, 2014. 2. Either party may terminate this Agreement thirty (30) calendar days after receipt by the other party of written notice of intent to terminate. 3. Upon breach of this Agreement, the aggrieved party may, by written notice of breach to the breaching party, terminate the whole or any part of this Agreement. Termination shall be upon no less than twenty-four (24) hours notice, in writing, delivered by certified mail, facsimile, or in person. Waiver by either party of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 1 Packet Page-425- 9/24/2013 11 .B. ARTICLE IV ASSIGNMENT The Center shall not assign or transfer this Agreement, or any interest, right or duty herein, without the prior written consent of the County, which consent shall not be unreasonably withheld by the County. Without obtaining prior consent by the County, the Center shall be allowed to assign or transfer this Agreement or any of the Center's obligations hereunder to affiliates or wholly owned subsidiaries of the Center. This Agreement shall run to the County and its successors. ARTICLE V SUBCONTRACTING There are no subcontracts applicable to this Agreement. ARTICLE VI INSURANCE, SAFETY AND INDEMNIFICATION 1. Indemnity. To the maximum extent permitted by Florida law, David Lawrence Center shall indemnify and hold harmless the County against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or resulting from the Center's performance under this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 2. Insurance Required. During the term of this agreement the Center shall procure and maintain liability insurance coverage. The liability insurance coverage shall be in amounts not less than $1,000,000 per person and $2,000,000 per incident of occurrence for personal injury, death, and property damage or any other claims for damages caused by or resulting from the activities under this Agreement. Such policies of insurance shall name the County as an additional insured. The Center shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida. The Center shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth herein shall constitute a breach of this agreement. ARTICLE VII BILLING PROCEDURES The Center will make payment as noted in Article I of this Agreement, to the County on behalf of the EMS department. Payments will be made as follows: $1,826,621 on October 15, 2013, $913,311 on January 15, 2014,and $913,310 on May 15,2014. ARTICLE VIII RECORDS The Center shall keep orderly and complete records of its accounts and operations related to the services provided under this Agreement for the entire term of the Agreement plus three (3) years. The 2 Packet Page-426- 9/24/2013 11 .B. Center shall keep open these records to inspection by County personnel at reasonable hours during the entire term of this Agreement. If any litigation, claim or audit is commenced prior to the expiration of the three (3) year period and extends beyond this period the records must remain available until any litigation, claim or audits have been resolved. Any person duly authorized by the County shall have full access to and the right to examine any of said records during said period. Access to PHI shall be in compliance with federal laws and HIPAA. ARTICLE IX CIVIL RIGHTS 1. There will be no discrimination against any employee or person served on account of race, color, sex, age, religion, ancestry, national origin, handicap or marital status in the performance of the Agreement. 2. It is expressly understood that, upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement for breach of agreement. 3. David Lawrence Center shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served. 4. David Lawrence Center shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 2000c) in regard to employees or applicants for employment. 5. David Lawrence Center shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to employees or applicants for employment and clients served. ARTICLE X OTHER CONDITIONS 1. Any alterations, variations, modifications or waivers of provision of this Agreement shall only be valid when they have been reduced to writing, duly signed and attached to the original of this Agreement. The parties agree to renegotiate the Agreement if revision of any applicable laws or regulations makes changes in the Agreement necessary. 2. This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are as though physically attached. No other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties hereto. 3. The Center shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under federal, state, and local laws, and shall comply with all fire, health and other applicable regulatory codes. 4. The Center agrees to comply with all applicable requirements and guidelines prescribed by the County for recipients of funds. 5. The Center agrees to safeguard the privacy of information pursuant to the Health Insurance Portability and Accountability Act of 1996(HIPAA). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE(S)TO FOLLOW 3 Packet Page-427- 9/24/2013 11 .B. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates for mentioned above. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY By: Georgia A. Hiller, Esq., Chairwoman ATTEST: DWIGHT E. BROCK,CLERK By: , Deputy Clerk The David Lawrence Mental Health Center, Inc. d/b/a David Lawrence Center By: Title: ATTEST: By: "77 Approved as to form and legality isw� Assistant County Attorney �7 �C2-' 4 S Packet Page-428- 9/24/2013 11 .B. AGREEMENT THIS AGREEMENT is made and entered into this by and between Collier County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "the County" and Naples Community Hospital, Inc., a Florida not for profit corporation, hereinafter referred to as"the Hospital". RECITALS: WHEREAS, Section 125.01(1)(e), Florida Statutes, authorizes the County to provide health welfare programs for the residents of Collier County to the extent not inconsistent with general or special law; and WHEREAS,The establishment and maintenance of such programs are in the common interest of the people of Collier County:and WHEREAS, The County desires the Hospital to become a Community Health partner to assist in providing payments for health prevention programs, and mental health services to residents of the County,where no existing state or federal resources are available; and WHEREAS, The Hospital desires to be a Community Health partner and is willing to voluntarily provide payments for such services, subject to the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree as follows: ARTICLE SERVICES TO BE PERFORMED 1. The Hospital shall provide documentation and quarterly reports to the County that support may' Hospital's expenditures for the reimbursement to Collier partners as stated immediately below for the delivery of services, designated primary health care services, specialty health care services and other health care services such as, but not limited to,the following services: a. Immunization program provided by the Collier County Health Department b. AIDS Prevention Program provided by the Collier County Health Department c. Tuberculosis Program provided by the Collier County Health Department d. Communicable Disease Program provided by the Collier County Health Department e. Child Health Program provided by the Collier County Health Department f. Healthy Start Prenatal Program provided by the Foundation for Women's Health g. School Health Program provided by the Collier County Health Department h. Adult Health Program provided by the Collier County Health Department i. Dental Program provided by the Collier County Health Department j. Community Mental Health Services provided by the David Lawrence Center, Inc. k. Other health related programs and services. ARTICLE II PAYMENTS 1. The County shall make Intergovernmental Transfers, on behalf of the Hospital, in connection with the State's Medicaid Programs — specifically the self funding of inpatient DRG payments and buyback of the Medicaid outpatient trend adjustments - to the State of Florida in accordance with 1 2013 Agreement with Naples Community Hospital/IGT Packet Page -429- 9/24/2013 11 .B. the Letter(s) of Agreement between the County and the Agency for Health Care Administration (AHCA). 2. There are no pre-arranged agreements (contractual or otherwise) between the County and the Hospital to re-direct any portion of Medicaid supplemental payments in order to satisfy non- Medicaid activities. 3. The following document is hereby incorporated by reference as an attachment to this Agreement: Letter of Agreement with AHCA-Attachment A ARTICLE III CLAIMS VALUATION AND CLAIMS PROCESSING As the claims processing entity, the Hospital will provide quarterly financial reports to the County in such detail as required by the County. ARTICLE IV TERMS OF AGREEMENT AND TERMINATION 1. The term of this Agreement shall be October 1,2013 through September 30, 2014. 2. Either party may terminate this Agreement thirty(30) calendar days after receipt by the other party of written notice of intent to terminate. 3. Upon breach of this Agreement, the aggrieved party may, by written notice of breach to the breaching party, terminate the whole or any part of this Agreement. Termination shall be upon no less than twenty-four (24) hours notice, in writing, delivered by certified mail, facsimile, or in person. Waiver by either party of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. ARTICLE V ASSIGNMENT The Hospital and/or its sub-contractor shall not assign or transfer this Agreement, or any interest, right or duty herein, without the prior written consent of the County, which consent shall not be unreasonably withheld by the County. Without obtaining prior consent by the County, the Hospital shall be allowed to assign or transfer this Agreement or any of the Hospital's obligations hereunder to affiliates or wholly owned subsidiaries of the Hospital. This Agreement shall run to the County and its successors. ARTICLE VI SUBCONTRACTING The parties agree that the Hospital shall be permitted to execute subcontracts for the purchase by the Hospital of such services, articles, supplies, and equipment, which is both necessary and incidental to the performance of the work, required under this Agreement. However, the Hospital expressly 2 2013 Agreement with Naples Community Hospital/IGT Cq Packet Page-430- 9/24/2013 11 .B. understands that it shall assume the primary responsibility for performing the services outlined in Article I of this Agreement. ARTICLE VII INSURANCE, SAFETY AND INDEMNIFICATION 1. Indemnity. To the maximum extent permitted by Florida law, the Hospital and/or its sub-contractor shall indemnify and hold harmless the County against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or resulting from the Hospital's failure to pay for services or performance under this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 2. Insurance Required. During the term of this agreement the Hospital shall procure and maintain liability insurance coverage. The liability insurance coverage shall be in amounts not less than $1,000,000 per person and $2,000,000 per incident of occurrence for personal injury, death, and property damage or any other claims for damages caused by or resulting from the activities under this Agreement. Such policies of insurance shall name the County as an additional insured. The Hospital shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida. The Hospital shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth herein shall constitute a breach of this agreement. ARTICLE VIII BILLING PROCEDURES The County shall provide the Hospital with invoices pursuant to this Agreement once the County has verified the validity of the invoices to be paid by the Hospital. The Hospital will not pay any invoices prior to the County's approval. The Hospital shall make payments on a voluntary basis in the amount of $1,913,660 to specific healthcare programs and services, such as the mental health programs of the David Lawrence Center, specified health programs of the Collier County Health Department, and other social service providers that are pre-approved by the County for payment. The Hospital shall use reasonable efforts to pay invoices approved by the County within thirty(30) days of County approval. Payments shall be made in accordance with this Agreement irrespective of whether Hospital has received funds from AHCA. If the amount invoiced to Hospital does not result in the amount of$1,913,660 the Hospital will credit County for the difference and voluntarily make those payments to providers elected by County upon invoice by the County in Year 2014-2015. ARTICLE IX RECORDS The Hospital and/or its sub-contractor shall keep orderly and complete records of its accounts and operations related to the services provided under this Agreement for the entire term of the Agreement plus three (3) years. The Hospital and/or its sub-contractor shall keep open these records to inspection by County personnel at reasonable hours during the entire term of this Agreement. If any litigation, 3 2013 Agreement with Naples Community Hospital/IGT cq Packet Page -431- 9/24/2013 11 .B. claim or audit is commenced prior to the expiration of the three (3)year period and extends beyond this period the records must remain available until any litigation, claim or audits have been resolved. Any person duly authorized by the County shall have full access to and the right to examine any of said records during said period. Access to PHI shall be in compliance with federal laws and HIPAA. ARTICLE X CIVIL RIGHTS 1. There will be no discrimination against any employee or person served on account of race, color, sex, age, religion, ancestry, national origin, handicap or marital status in the performance of the Agreement. 2. It is expressly understood that, upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement for breach of agreement. 3. The Hospital and/or its sub-contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served. 4. The Hospital and/or its sub-contractor shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 2000c) in regard to employees or applicants for employment. 5. The Hospital and/or its sub-contractor shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to employees or applicants for employment and clients served. ARTICLE XI OTHER CONDITIONS 1. Any alterations, variations, modifications or waivers of provision of this Agreement shall only be valid when they have been reduced to writing, duly signed and attached to the original of this Agreement. The parties agree to renegotiate the Agreement if revision of any applicable laws or regulations makes changes in the Agreement necessary. 2. This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are as though physically attached. No other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties hereto. 3. The Hospital and/or its sub-contractor shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under federal, state, and local laws, and shall comply with all fire, health and other applicable regulatory codes. 4. The Hospital and/or its sub-contractor agrees to comply with all applicable requirements and guidelines prescribed by the County for recipients of funds. S. The Hospital and/or its sub-contractor agree to safeguard the privacy of information pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE(S)TO FOLLOW 4 2013 Agreement with Naples Community Hospital/IGT CA Packet Page-432- 9/24/2013 11.B. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY, FLORIDA By: By: , DEPUTY CLERK GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney \'�j 4. 0.N NAPLES COMMUNITY HOSPITAL, INC.,A FLORIDA NOT FOR PROFIT CORPORATION By: Title: 5 2013 Agreement with Naples Community Hospital/IGT Packet Page-433- 9/24/2013 11 .B. AGREEMENT THIS AGREEMENT is made and entered into this by and between Collier County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "the County" and Naples HMA, L.L.C. d/b/a as Physicians Regional HealthCare System, a Florida Limited liability company, hereinafter referred to as"the Hospital". RECITALS: WHEREAS, Section 125.01(1)(e), Florida Statutes, authorizes the County to provide health welfare programs for the residents of Collier County to the extent not inconsistent with general or special law; and WHEREAS,The establishment and maintenance of such programs are in the common interest of the people of Collier County: and WHEREAS, The County desires the Hospital to become a Community Health partner to assist in providing payments for health prevention programs, and mental health services to residents of the County,where no existing state or federal resources are available; and WHEREAS, The Hospital desires to be a Community Health partner and is willing to voluntarily provide payments for such services,subject to the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree as follows: ARTICLE I SERVICES TO BE PERFORMED 1. The Hospital shall provide documentation and quarterly reports to the County that support Hospital's expenditures for the reimbursement to Collier partners as stated immediately below for the delivery of services, designated primary health care services, specialty health care services and other health care services such as, but not limited to,the following services: a. Immunization program provided by the Collier County Health Department b. AIDS Prevention Program provided by the Collier County Health Department c. Tuberculosis Program provided by the Collier County Health Department d. Communicable Disease Program provided by the Collier County Health Department e. Child Health Program provided by the Collier County Health Department f. Healthy Start Prenatal Program provided by the Foundation for Women's Health g. School Health Program provided by the Collier County Health Department h. Adult Health Program provided by the Collier County Health Department i. Dental Program provided by the Collier County Health Department j. Community Mental Health Services provided by the David Lawrence Center, Inc. k. Other health related programs and services. a ARTICLE II PAYMENTS 1. The County shall make Intergovernmental Transfers, on behalf of the Hospital, in connection with the State's Medicaid Programs — specifically the self funding of inpatient DRG payments and buyback of the Medicaid outpatient trend adjustments -to the State of Florida in accordance with 1 2013 Agreement with Naples HMA/IGT Packet Page-434- 9/24/2013 11 .B. the Letter(s) of Agreement between the County and the Agency for Health Care Administration (AHCA). 2. There are no pre-arranged agreements (contractual or otherwise) between the County and the Hospital to re-direct any portion of Medicaid supplemental payments in order to satisfy non- Medicaid activities. 3. The following document is hereby incorporated by reference as an attachment to this Agreement: Letter of Agreement with AHCA-Attachment A ARTICLE III CLAIMS VALUATION AND CLAIMS PROCESSING As the claims processing entity,the Hospital will provide quarterly financial reports to the County in such detail as required by the County. ARTICLE IV TERMS OF AGREEMENT AND TERMINATION 1. The term of this Agreement shall be October 1, 2013 through September 30, 2014. 2. Either party may terminate this Agreement thirty(30) calendar days after receipt by the other party of written notice of intent to terminate. 3. Upon breach of this Agreement, the aggrieved party may, by written notice of breach to the breaching party, terminate the whole or any part of this Agreement. Termination shall be upon no less than twenty-four (24) hours notice, in writing, delivered by certified mail, facsimile, or in person. Waiver by either party of breach of any provisions of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. ARTICLE V ASSIGNMENT The Hospital and/or its sub-contractor shall not assign or transfer this Agreement, or any interest, right or duty herein, without the prior written consent of the County, which consent shall not be unreasonably withheld by the County. Without obtaining prior consent by the County,the Hospital shall be allowed to assign or transfer this Agreement or any of the Hospital's obligations hereunder to affiliates or wholly owned subsidiaries of the Hospital. This Agreement shall run to the County and its successors. ARTICLE VI SUBCONTRACTING The parties agree that the Hospital shall be permitted to execute subcontracts for the purchase by the Hospital of such services, articles, supplies, and equipment, which is both necessary and incidental to the performance of the work, required under this Agreement. However, the Hospital expressly 2 2013 Agreement with Naples HMA/IGT GP Packet Page-435- 9/24/2013 11 .B. understands that it shall assume the primary responsibility for performing the services outlined in Article I of this Agreement. ARTICLE VII INSURANCE,SAFETY AND INDEMNIFICATION 1. Indemnity. To the maximum extent permitted by Florida law,the Hospital and/or its sub-contractor shall indemnify and hold harmless the County against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or resulting from the Hospital's failure to pay for services or performance under this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. 2. Insurance Required. During the term of this agreement the Hospital shall procure and maintain liability insurance coverage. The liability insurance coverage shall be in amounts not less than $1,000,000 per person and $2,000,000 per incident of occurrence for personal injury, death, and property damage or any other claims for damages caused by or resulting from the activities under this Agreement. Such policies of insurance shall name the County as an additional insured. The Hospital shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida. The Hospital shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth herein shall constitute a breach of this agreement. ARTICLE VIII BILLING PROCEDURES The County shall provide the Hospital with invoices pursuant to this Agreement once the County has verified the validity of the invoices to be paid by the Hospital. The Hospital will not pay any invoices prior to the County's approval. The Hospital shall make payments on a voluntary basis in the amount of$929,020 to specific healthcare programs and services, such as the mental health programs of the David Lawrence Center, specified health programs of the Collier County Health Department, and other social service providers that are pre-approved by the County for payment. The Hospital shall use reasonable efforts to pay invoices approved by the County within thirty (30) days of County approval. Payments shall be made in accordance with this Agreement irrespective of whether Hospital has received funds from AHCA. If the amount invoiced to Hospital does not result in the amount of $929,020 the Hospital will credit County for the difference and voluntarily make those payments to providers elected by County upon invoice by the County in Year 2014-2015. ARTICLE IX RECORDS The Hospital and/or its sub-contractor shall keep orderly and complete records of its accounts and operations related to the services provided under this Agreement for the entire term of the Agreement plus three (3) years. The Hospital and/or its sub-contractor shall keep open these records to inspection by County personnel at reasonable hours during the entire term of this Agreement. If any litigation, 3 2013 Agreement with Naples HMA/IGT OA Packet Page-436- 9/24/2013 11 .B. claim or audit is commenced prior to the expiration of the three(3)year period and extends beyond this period the records must remain available until any litigation, claim or audits have been resolved. Any person duly authorized by the County shall have full access to and the right to examine any of said records during said period. Access to PHI shall be in compliance with federal laws and HIPAA. ARTICLE X CIVIL RIGHTS 1. There will be no discrimination against any employee or person served on account of race, color, sex, age, religion, ancestry, national origin, handicap or marital status in the performance of the Agreement. 2. It is expressly understood that, upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement for breach of agreement. 3. The Hospital and/or its sub-contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served. 4. The Hospital and/or its sub-contractor shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 2000c) in regard to employees or applicants for employment. 5. The Hospital and/or its sub-contractor shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to employees or applicants for employment and clients served. ARTICLE XI OTHER CONDITIONS 1. Any alterations, variations, modifications or waivers of provision of this Agreement shall only be valid when they have been reduced to writing, duly signed and attached to the original of this . Agreement. The parties agree to renegotiate the Agreement if revision of any applicable laws or regulations makes changes in the Agreement necessary. 2. This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are as though physically attached. No other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties hereto. 3. The Hospital and/or its sub-contractor shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under federal, state, and local laws, and shall comply with all fire, health and other applicable regulatory codes. 4. The Hospital and/or its sub-contractor agrees to comply with all applicable requirements and guidelines prescribed by the County for recipients of funds. 5. The Hospital and/or its sub-contractor agree to safeguard the privacy of information pursuant to the Health Insurance Portability and Accountability Act of 1996(HIPAA). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE(S)TO FOLLOW 4 2013 Agreement with Naples HMA/IGT CP Packet Page -437- 9/24/2013 11 .B. IN WITNESS WHEREOF,the parties have executed this Agreement on the dates first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CLERK OF COLLIER COUNTY, FLORIDA By: By: , DEPUTY CLERK GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approval for form and legality: Jennifer A. Belpedio AV°1\� Assistant County Attorney - ?/ Naples HMA, LLC., d/b/a Physicians Regional Healthcare System, a Florida limited liability company By: Title: 5 2013 Agreement with Naples HMA/IGT GP Packet Page-438-