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Agenda 10/23/2012 Item #16E8 10/23/2012 Item 16.E.8. EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the removal of 8,408 ambulance service accounts and their respective accounts receivable balances which total $5,515,177.55,which were recorded as Bad Debt Expense during Fiscal Year 2009, from the general ledger of Collier County Fund 490 (Emergency Medical Services). OBJECTIVE: Adoption of a resolution authorizing the removal of$5,515,177.55 in ambulance service fee receivables from the general ledger for Fund 490 (Emergency Medical Services). This request represents total uncollected ambulance service fees for 8,408 accounts from Fiscal Year 2009. CONSIDERATIONS: Collier County began providing emergency ambulance transportation services in 1981. Unlike the majority of governmental services provided by the County, where fees are normally received before services are provided, emergency ambulance services are provided and fees are received after the fact. This "service before fee" scenario is due to the County's responsibility to protect the public health, safety and welfare. The chart below identifies ambulance service fee activity for Fiscal Year 2009. Contractual& Gross Charges Other Amount Collection Write-Off Write- Total Billed Adjustments Net Billed Collected Net% Amount Off% Accounts FY OS 20,563,961.25 5,718,014.34 14,845,946.86 9,330,769.31 63% 5,515,177.55 37% 8,408 As can be seen in the preceding chart, there are two types of adjustments that can be made to an ambulance service account: Contractual and/or bad debt. Contractual adjustments represent Collier County's acceptance of the Federal Medicare limits on amounts that can be collected for medical services, Medicaid statutory limits, Railroad Retirement statutory limits, Victim Compensation Rights statutory adjustments, etc. Receivables are recorded at 100%. When payment is received, contractual adjustments are recorded as a reduction to revenue. Bad debt adjustments represent accounts deemed uncollectible for a variety of reasons, including patients who cannot be located, services provided to transients or migrants, patients who die with no assets, bankruptcies, etc. Bad debt expense is recorded annually by the Finance Department. Consequently, there is no direct fiscal or budgetary impact as a result of this write-off; however these accounts cannot be removed without Board adoption of an authorizing resolution. Detailed reports listing the accounts to be removed are on file in the Office of Emergency Medical Services. Those accounts for which the billing agency has exhausted their collection attempts were sent to the County's contracted collection agency. If any payments are received, they will be processed through the Board's accounting system. Packet Page-1885- 10/23/2012 Item 16.E.8. FISCAL IMPACT: There is no direct fiscal or budgetary impact. The accounts and amounts to be removed from the General Ledger have been recognized as bad debt in prior years. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. County Resolution No. 08-27, Section 2. H and I, provides as follows: H. Throughout the fiscal year, the EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. I. The Board may, after reviewing these past due accounts and after fording that diligent efforts at collection have been unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. By approving this item, the Board is finding that diligent efforts at collection have been unsuccessful. This item is legally sufficient and requires a majority vote for Board approval. -JAK GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action. RECOMMENDATION: Adopt a resolution authorizing the removal of 8,408 individual accounts with a total receivable balance of$5,515,177.55 from the Emergency Medical Services ., Fund (Fund 490) general ledger. The Allowance for Doubtful Accounts in the general ledger will be reduced by a like amount. PREPARED BY: Artie R. Bay, Supervisor, EMS Admin., Emergency Medical Services Packet Page-1886- 10/23/2012 Item 16.E.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.E.8. Item Summary: Recommendation to adopt a resolution authorizing the removal of 8,408 ambulance service accounts and their respective accounts receivable balances which total $5,515,177.55,which were recorded as Bad Debt Expense during Fiscal Year 2009, from the general ledger of Collier County Fund 490 (Emergency Medical Services). Meeting Date: 10/23/2012 Prepared By Name:FrancoMaria Title: Administrative Assistant,EMS 10/5/2012 11:41:09 AM Submitted by Title: Administrative Assistant,EMS Name: FrancoMaria 10/5/2012 11:41:12 AM Approved By Name:KopkaWalter Date: 10/5/2012 11:59:20 AM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 10/5/2012 2:06:11 PM Name:pochopinpat Title: Administrative Assistant,Facilities Management Date: 10/5/2012 3:19:39 PM Name: SummersDan Title: Director-Bureau of Emergency Services, Date: 10/8/2012 1:03:54 PM Packet Page-1887- 10/23/2012 Item 16.E.8. Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 10/9/2012 3:50:06 PM Name:PriceLen Title: Administrator, Administrative Services Date: 10/10/2012 2:59:15 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 10/10/2012 4:37:34 PM Name: KlatzkowJeff Title: County Attorney Date: 10/11/2012 9:21:47 AM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 10/12/2012 2:04:00 PM Name: OchsLeo Title: County Manager Date: 10/13/2012 1:30:09 PM Packet Page-1888- 10/23/2012 Item 16.E.8. RESOLUTION NO. 2012- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO AUTHORIZE THE REMOVAL FROM THE BOOKS AND RECORDS OF COLLIER COUNTY CERTAIN ACCOUNTS AND THEIR RESPECTIVE BALANCES WHICH HAVE BEEN PREVIOUSLY RECOGNIZED AND RECORDED AS BAD DEBT EXPENSES. WHEREAS, Collier County provides emergency ambulance transportation services throughout Collier County; and WHEREAS, emergency ambulance transportation service fees are received by the County after the services have been rendered due to the County's responsibility to protect the public health, safety and welfare; and WHEREAS, the County is unable to collect some debts, and others the Board is statutorily prohibited from collecting or due to contractual arrangements cannot be collected; and WHEREAS, the County's procedure for receivable management includes the periodic recognition (normally on an annual basis) of bad debt expense in the books and records for accounts that have been identified as un-collectible; and WHEREAS, the County's accepted and practiced accounting method to recognize bad debt is a periodic or annual bad debt recognition, consisting of billed accounts over 90 days old; and WHEREAS, Rule 69I-71, Florida Administrative Code, allows the Board to adjust accounts receivable for less than the full amount if the accounts have not been reported to the Department of Financial Services,Division of Accounting and Auditing for disposition; and WHEREAS, the subject accounts have not been reported to the Department of Financial Services, Division of Accounting and Auditing; and WHEREAS, County Resolution No. 08-27, Section 2. H and I, provides for removing these accounts from the Board's Emergency Medical Services Fund General Ledger; and WHEREAS, the Board of County Commissioners hereby finds that diligent efforts at collection have proven unsuccessful and circumstances warrant the adjustment. NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: Packet Page-1889- 10/23/2012 Item 16.E.8. 1. The following chart sets forth the charges billed, the portion uncollectible due to statutory prohibitions and Board contractual arrangements, the amount collected and the balance of accounts receivable to be written off: Contractual& Gross Charges Other Amount Collection Write-Off Write- Total Billed Adjustments Net Billed Collected Net% Amount Off% Accounts FY 09 20,563,961.25 5,718,014.39 14,845,946.86 9,330,769.31 63% 5,515,177.55 37% 8,408 2. The Board authorizes staff to remove $5,515,177.55 from the Board's Emergency Medical Services Fund General Ledger control account for Accounts Receivable, and a like amount will be removed from the Allowance for Doubtful Accounts General Ledger control account. This Resolution adopted on this 23rd day of October, 2012 after motion, second and majority vote favoring adoption. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA Ask By: , DEPUTY CLERK FRED W. COYLE, CHAIRMAN Appr. al as to form and legal Sufficiency: Je'707 right As Tjr. t County Attorney 2 Packet Page-1890- 10/23/2012 Item 16.E.8. • RESOLUTION NO.08- 27 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,PROVIDING FOR UP-DATED EMS USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES, UNDATED BILLING AND COLLECTION PROCEDURE, HOSPITAL TRANSPORT BILLING AND FEES, ADJUSTMENTS OF EMS USER FEES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 96-36,WAIVER OF EMS USER FEES FOR SPECIAL EVENTS, AND AN UPDATED PROCEDURE FOR APPROVING HARDSHIP CASES AND PAYMENT PLANS;SUPERSEDING RESOLUTION NO.07-192;AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Collier County Emergency Medical Services (hereinafter referred to as "EMS")provides ambulance services to the residents and visitors of Collier County;and WHEREAS, the Collier County EMS operating budget is funded exclusively through ad valorem taxes and user fees;and WHEREAS,the Board of County Commissioners recently entered into an Agreement with Advanced Data Processing, Inc. (hereinafter referred to as to "Billing Consultant") to provide collection services for ambulance services and associated fees;and WHEREAS,this Resolution is intended to apply irrespective of whether EMS billing staff, Advanced Data Processing,Inc.,or any other billing consultant is responsible for the collection of fees for ambulance services;and WHEREAS, Collier County Ordinance No. 96-36 § 5 provides that the user fees for ambulance services may be established by Resolution of the Board of County Commissioners (hereinafter referred to as to"the Board"). NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that; SECTION ONE: EMS USER FEES BASE RATES: SERVICE LEVELS CODES BASE CHARGES A. EMS—BLS NON-EMERGENCY A0428 $ 700.00 B. EMS—BLS EMERGENCY A0429 $ 700.00 C. EMS—ALS 1 NON-EMERGENCY A0426 $ 700.00 D. EMS—ALS I EMERGENCY A0427 $ 700.00 E. EMS—ALS 2 EMERGENCY A0433 $ 750.00 F. EMS—SPECIALTY CARE A0434 $ 800.00 G. EMS—TREATMENT WIO TRANSPORT A0098 $ 175.00 H. EMS—HELICOPTER A0431 $ 5,900.00 MILEAGE RATES; SERVICE LEVELS CODES MILEAGE CI-IARGR A. EMS—GROUND UNIT A0425 $ 12.25 (Minimum Charge of 1 mile and no cap) B, EMS—AIR UNIT A0436 $ 110.00 SPECIAL EVENTS AND MISCELLANEOUS RATES: SERVICE LEVELS RATES A TWO(2)MEDICS/ONE ALS VEHICLE(PER HOUR) $ 150.00 Packet Page-1891- 10/23/2012 Item 16.E.8. B. ONE(1)MEDIC/NO VEHICLE(PER HOUR) $ 50.00 Subject to statutory exemptions,"public records"are required by Chapter 119, F.S. to be open to inspection and copying. Consistent with Chapter 119,Resolution No. 07-327 establishes copying fees as follows: COPIES OF DOCUMENTS RATES A. One-sided copy which Is 14 inches by 8'14 inches or less $ .15 B. Two-sided copy which is 14 inches by 8 Y2 inches or less $ .20 COPY SERVICES The actual cost of duplication for all other copies will be charged. The first hour of cost of duplication will not be charged. "Actual cost of duplication"is defined in§ 119.07(1),F.S. as"the cost of the material and supplies used to duplicate the record,"but does not include the labor cost and overhead cost associated with such duplication. *Copying fees are subject to change only to the extent that either Chapter 119, P.S. or Resolution No.07-327,or both,are amended,replaced,or superseded. PAST DUE ACCOUNTS INTEREST ON PAST DUE ACCOUNTS $ I%monthly SECTION TWO: BILLING COLLECTION PROCEDURE The following shall be the minimum guidelines for billing and collection procedures for ambulance service fees and charges: A. Initial fees and charges for ambulance service(s) shall be assessed either prior to or following the provision of service,as service dynamics reasonably allow. Unpaid fees and charges,subsequent to time of service shall be reflected in an accounts receivable subsidiary ledger system to be maintained by the EMS Department. B. EMS Billing Staff will transmit all data necessary to Billing Consultant to process the claim. I. Billing Consultant will send an initial bill to the service recipient's or responsible party's insurance carrier as soon as insurance information has been received, validated,and entered by the Billing Consultant on the account. 2. When a valid patient address is present,the Billing Consultant will follow the patient • statement cycle outlined below. i. An initial statement-for ambulance services, including the HIPAA notice of privacy practices shall be sent fourteen (14) or more days after the data is entered by the Billing Consultant, but no later than 30 days after service has been provided. - ii. If a non-Medicaid account remains unpaid, statements will be sent to the patient no later than every 60 days from the last filed date. If a claim is denied, a bill will be sent to the service recipient or responsible party. iii. For Medicaid accounts, if the claim is denied because of no coverage at the time of service,or because it was determined to be not medically necessary to be transported by ambulance, a bill will be sent to the service recipient or responsibly party. Packet Page -1892- 10/23/2012 Item 16.E.8. iv. In the event the service recipient or responsible party does not have or does not provide proof of insurance coverage, statements will be sent to the patient no later than every 60 days from the last statement date. C. The Billing Consultant will provide a file with patients to be sent to collections to the County's contracted collection agency when all attempts to collect on the account have been exhausted by the Billing Consultant. The County may direct the Billing Consultant to not send a patient to collections at any time. Billing Consultant may send a patient to collections prior to exhaustion of all collection efforts when: 1. The patient account has an invalid address. 2. Billing Consultant is directed by County to send a patient to collections. D. Interest will be assessed at 1% per month on all accounts that are sent to the County's contracted collection agency. E. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at the time fail to meet the terms and conditions of the payment plan for a period of(60)sixty days,the unpaid balance shall reenter the collections process set forth in Section C.above at the point in the collections process at which it was taken out for a payment plan to be administered. F. When ambulance service bill(s),at the any stage in this billing and collection procedure,are returned because the Postal Service cannot effectuate delivery, the EMS Billing Section shall make reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. G. Nothing contained in this Section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes,In accordance with all applicable laws. H. Throughout the fiscal year,the EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. The Board may, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. J. probate Estate Cases: Should a decedent have an unpaid balance for ambulance services, the following shall occur: 1. The decedent's Personal Representative will notify EMS Billing Staff that a probate estate has been filed with the Probate Court. 2. EMS Billing Staff shall ensure that a Notice of a Claim is timely filed with the Probate Court. 3. EMS Billing Staff shall ensure that the Office of the County Attorney is timely notified of such claim and provided with: 1)a copy of ambulance bill(s),2)all correspondence between EMS Billing Staff/Billing Consultant) and Personal Representative,3)Notice of Claim filed with the Probate Estate,and any other information necessary to pursue the claim. Packet Page-1893- 10/23/2012 Item 16.E.8. 4. The Office of the County Attorney shall take all reasonable actions that are necessary to pursue such claim, including but not limited,to filing a lawsuit in the County Court to pursue such claim. 5. If the estate has assets and$10,000 or less is owed for ambulance services,the EMS Director and the County Attorney (or his designee)are authorized to take reasonable actions to reach a settlement with the Personal Representative or his attorney. Should a settlement be reached, the EMS Director and the County Attorney(or his designee)are authorized to execute a satisfaction and/or release on behalf of the County. If the estate has assets and in excess of$10,000 is owed for ambulance services,any negotiated settlement/compromise of the ambulance billing claim shall be approved by the Board of County Commissioners. If the estate has nominal assets or no assets,the County Manager may waive the rates, fees, and charges as set forth in Ordinance No. 96-36, as it may be amended, replaced,or superseded. K. All accounts with a balance of$10 or less will be written off. SECTION THREE: HOSPITAL TRANSPORT BILLING AND FEES A. The fees set forth in Section One of this Resolution shall apply to ambulance transports that occur between a hospital's facilities. B. Should a hospital within the boundaries of Collier County have the need for a transport of a patient between hospital facilities located within the boundaries of Collier County, ambulance transport will be provided. C. Should a hospital within the boundaries of Collier County have the need for a transport of a patient to hospital facilities located outside the boundaries of Collier County, the County, will subject to equipment and manpower availability, at its sole discretion, utilize its resources to provide patient transport. D. Hospitals requesting ambulance transports shall be invoiced directly for ambulance transport service on a monthly basis. SECTION FOUR,: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments to ambulance service fees. The Board of County Commissioners,in accordance with criteria established by the enabling Ordinance, may authorize other adjustments. A. Medicare and Medicaid Adjustments. Contractual adjustments under Medicare and/or Medicaid assignment will be made In accordance with applicable Medicare and/or Medicaid rules and regulations. B. Victim's Compensation Contractual Adjustments, Contractual adjustments will be made in accordance with applicable state,federal and local rules and regulations. C. Worker's Compensation Contractual Adjustments. Contractual adjustments will be made in accordance with applicable state,federal and local rules and regulations. D. County Employee Adjustments. Board of County Commissioners and Constitutional Officers'employees that have Primary coverage under Collier County's insurance policy will be responsible for any deductibles,co-payments or unpaid balances. An employee Packet Page-1894- 10/23/2012 Item 16.E.8. may dispute his/her ambulance charge in accordance with procedures set forth in Ordinance No.96-36. E. Champus/Tricare Adjustments. Contractual adjustments will be made in accordance with applicable Champus/Tricare rules and regulations, F. Railroad Retirement Adjustments. Contractual adjustments will be made in accordance with applicable state, federal and local rules and regulations pertaining to Railroad Retirement Adjustments. O. Social Services Adjustments. Contractual adjustments will be made In accordance with rules established by the County Manager and memorialized by a memorandum of understanding executed by the Social Services Director and the EMS Director. SECTION FIVE: WAIVER OF EMS USER FEE FOR SPECIAL EVENTS, Pursuant to Ordinance No.96-36,and from the effective date of this Resolution,user fees for EMS ambulance stand-by services may be waived if the Board finds that a valid public purpose has been established in recognition of their charitable contributions to the Community. SECTION SIX: HARDSHIP CASES AND PAYMENT PLANS. The Board recognizes that certain service recipients may need to be identified and processed as hardship cases. Payment plans will be established pursuant to the minimum guidelines set forth in this Resolution. A. Hardship cases will be established in accordance with the Federal Poverty guidelines,as used by the Social Services Department of Collier County. B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of$10.00 per month. Hardship cases,placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the agreed scheduled payments for a period longer than two (2) months, the account will be turned over to the County's contracted collection agency and interest will begin to accrue. SECTION SEVEN: SUPERCISION OF RESOLUTION 07-192 This Resolution shall supersede Resolution No,07-192 SECTION EIGHT: EFFECTIVE DATE This Resolution shall become effective on January 29,2008 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this_ 7 1i1 day of —3.0i a:c:,r.f ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK;;cLERK COLLIER COUNTY,FLORIDA ' s• %�...� B .s:., .: �.• •f.. 4a By: TO NNIN`CH� '" //29iC'� S ' 3rbvitik to ferh4 f legal sufficiency: Jennifer A. B pedi ° Assistant County Attorney Packet Page-1895- i 10/23/2012 Item 16.E.8. 691-71.004 Procedures for Adjustment,Settlement and Recovery of Accounts Receivable. (1)Each governmental unit shall be responsible for securing full payment for all accounts receivable due to the governmental unit. (2)Upon accounts receivable being reported to the Department,the Department will notify the governmental unit in writing and direct the governmental unit's attorney to represent the governmental unit in enforcing settlement, subject to approval by the De•.• • ent,or payment of the accounts receivable pursuant to Section 17.041(2),Florida 4110.pproval by the Department is not required for the adjustment or settlement by a governmental unit for less than the full am•., due for accounts receivable that have not been reported to the Department. Governmental units should establish proper controls and procedures for adjustment and settlement of accounts receivable for less than the full amounts due. (4)Accounts receivable that have been reported to the Department may be adjusted or settled by a governmental unit for less than the full'amount due only upon the prior approval of the Department when the request for approval contains information which shows that the governmental unit made a reasonable effort to collect the accounts receivable and that the expenditure of additional resources of the governmental unit to attempt to collect the accounts receivable would not be in its best interest. (5)Requests to adjust or settle accounts receivable for less than the full amount due must be submitted to the Department in the form of a et utio'lstating that the proposed settlement is contingent upon the Department's approval. The resolution or a copy thereof mus be submitted to the Department of Financial Services, Bureau of Accounting, 200 East Gaines Street, Tallahassee, Florida 32399- 54. Af/q(6)Each resolution shall include the following information: (a)The nature of the transaction or events that created the accounts receivable; (b)A brief statement explaining why the adjustment or settlement is proper and is in the best interest of the governmental unit under the circumstances,including an explanation of how the adjustment or settlement amount was derived;and (c)A brief description of steps taken by the governmental unit to collect the accounts receivable,including actions taken by the governmental unit's attorney.If no actions were taken by the attorney,an explanation must be provided. (7)The Department will review the resolution and advise the governmental unit of its decision regarding the request. Specific Authority 17.29 FS.Law Implemented 17.041 FS.History-New 2-23-95,Formerly 34-71.004. Packet Page-1896-