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Agenda 07/24/2012 Item #11C7/24/2012 Item 11.C. EXECUTIVE SUMMARY Recommendation to review and provide direction to the County Manager or his designee regarding the payment of Collier County's Medicaid backlog (retrospective bills). OBJECTIVE: To receive direction for payment of the Medicaid backlog amount due from Collier County. CONSIDERATIONS: In 1972, the Florida Legislature created a mechanism to charge counties for a portion of the state's Medicaid responsibility. During 2008, a new electronic billing system was implemented by the Agency for Health Care Administration (AHCA). Collection of Medicaid payments from the counties decreased due to increased disputes by the counties. Specifically, in Collier County, these disputes include billings for patients that were not deemed to be residents of Collier County; inadequate addresses that prohibited staff from verifying residency; and rebilling of claims determined to have been paid by Collier County. The Certified amount includes billings from November 1, 2001 through March 31, 2012. During the 2012 legislative session, the Legislature passed and the Governor signed HB 5301 (now Ch. 2012 -33, Laws of Florida) requiring the state to collect past disputed bills through an automatic withholding from the county revenue sharing. Rule development (59G- 1.025: Medicaid County Billing) for procedures to implement this unfunded mandate began in June of 2012 and is still being finalized. On August 1, 2012, AHCA will certify to the Department of Revenue (DOR) the final backlog amount remaining unpaid. AHCA provided a final adjusted backlog amount July 13, 2012 which included details on the disposition of each disputed claim. These disputed claims were adjusted according to direction provided by the Governor on July 12, 2012. The adjustments made included corrections for residency verifications, rebilling of claims and credit for payments received. Should this proposed final amount prove to be different from the actual certified amount issued on August 1, 2012, the Board will be notified. Several considerations for the payment of Collier County's backlog amount resulting from the retrospective bills are as follows: 1. Pay 100% of the certified backlog from AHCA; file a petition on or before September 1, 2012 to challenge the amount certified; and proceed with an appeal. 2. Accept the certified backlog amount provided by AHCA and receive a 15% reduction to the total certified amount. 3. Regardless of #1 or #2, the county has the option to pay all or part of the amount certified on August 1, 2012 by September 13, 2012 to avoid reductions to the Revenue Sharing. 4. Beginning with the October 2012 distribution, the DOR will reduce the County's distribution of Revenue Sharing for one -third of the outstanding certified amount. 5. With the October 2013 distribution, the DOR will reduce the County's Revenue Sharing distributions by one - quarter oTthe then remaining balance. This will continue until FY 2017. Packet Page -753- 7/24/2012 Item 11.C. The following is a table depicting these financial impacts and options: FY 2014 Beginning with October 2013, Revenue Sharing Distribution will be reduced by one - quarter of OPTION# 1 OPTION #2 OPTION #3 Do not Challenge, Make Do not Challenge four years. Partial Pymt. in 292,418 and Take 15% Challenge and FY12 and Take Year Impact Discount Pay 100% 15% Discount Certified Backlog amount at August 1, 2012 $ 2,064,126 $ 2,064,126 $ 2,064,126 Balance after 15% discount iftaken 1,754,507 2,064,126 1,754,507 FY2012 Make partial payment - - 800,000 Balance Beginning October 1, 2012 $ 1,754,507 $ 2,064,126 $ 954,507 FY 2013 Beginning with October 2012 Revenue Sharing 159,084 Total Fiscal Impact - FY 12 to FY 17 $ Distribution will be reduced by 1/3 of total $ 2,064,126 $ certified amount and deducted monthly $ 584,836 $ 688,042 $ 318,169 FY 2014 Beginning with October 2013, Revenue Sharing Distribution will be reduced by one - quarter of the remaining balance and ammortized over four years. $ 292,418 $ 344,021 $ 159,084 FY 2015 Annual reduction to Revenue Sharing $ 292,418 $ 344,021 $ 159,084 FY 2016 Annual reduction to Revenue Sharing $ 292,418 $ 344,021 $ 159,084 FY 2017 Annual reduction to Revenue Sharing $ 292,418 $ 344,021 $ 159,084 Total Fiscal Impact - FY 12 to FY 17 $ 1,754,507 $ 2,064,126 $ 1,754,507 FISCAL IMPACT: The current budget for FY 12 has sufficient funds to make the $800,000 suggested payment, drawing down part of the backlog balance. The remaining backlog amount will be budgeted accordingly in the General Fund (001) within the respective fiscal years. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. This item has been coordinated with lead counsel on the Medicaid suit (in which Collier County joined with FAC and 54 other Counties). -JAK STAFF RECOMMENDATION: Based upon our current knowledge of the legislation and on -going rule making efforts, staff recommends the Board elect Option #3 which is depicted on the table above. This option entails not disputing the certified amount, taking the 15% discount, making an early payment toward the backlog amount in FY 12 and spreading the remaining balance over the next five (5) fiscal years. The remaining backlog balance will be budgeted accordingly in the General Fund (001) within the respective fiscal years. PREPARED BY: Mark Isackson, Director, Corporate Financial Planning & Management Services, Office of County Manager Packet Page -754- 7/24/2012 Item 11.C. COLLIER COUNTY Board of County Commissioners Item Number: 11.C. Item Summary: Recommendation to review and provide direction to the County Manager or his designee regarding the payment of Collier County "s Medicaid backlog (retrospective bills). (Mark lsackson, Corporate Financial and Management Services Director) Meeting Date: 7/24/2012 Prepared By Approved By Name: KlatzkowJeff Title: County Attorney Date: 7/18/2012 1:04:25 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 7/18/2012 1:30:38 PM Packet Page -755-