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Agenda 11/13/2012 Item #16D1011/13/2012 Item 16.D.10. EXECUTIVE SUMMARY Recommendation to ratify the Chairman's execution of the revised Buyback agreement between the County and Agency for Health Care Administration (AHCA) for additional eligible funding leveraged under the alternative intergovernmental transfer programs (IGT); such funds identified are already budgeted in the FY 2013 approved budget. OBJECTIVE: To inform the Board of the final agreement amounts, after having located additional eligible funds to leverage for the IGT arrangement, with Physicians Regional Medical Center and Naples Community Hospital (collectively "the Hospitals "). CONSIDERATIONS: The Agency for Health Care Administration (AHCA) is the State entity that provides Medicaid services in Florida and operates the IGT programs. Through agreements between local government and AHCA, these programs take local funds and use these funds to obtain Federal matching dollars. At the October 9, 2012 meeting, Item 16132, approval was granted to enter into agreements for this upcoming year. Also, in that executive surrnnary, the following was noted: "Since two hospitals are now participating, greater participation in the AHCA programs may be warranted considering the benefit such participation brings to these hospitals and the community. This would require locating additional existing County budgeted funds already designated to fund allowable health services, and including them in the AHCA programs. Should we be able to identify any such funds that could also be reasonably managed under such an arrangement, staff will bring back agreements with AHCA for greater amounts at a future board meeting." Due to the statutory timeframe for submission of revised agreements at the October 23, 2012 meeting (Item 16D 12), an item was approved to authorize the Chairman to sign revised agreements in order to submit them to ACHA and have them processed by October 31, 2012. Staff has worked closely with the Hospitals and AHCA in identification of additional funds that could be leveraged for this arrangement. The additional funds being leveraged ($485,916), over the previous approved amounts, include: (1) the additional $300,000 of funding allocated at the October 23, 2012 meeting to the David Lawrence Center, in support of Baker Act beds, (2) 583,400 in additional Health Department funding elements for Sexually Transmitted Diseases and Public Health Preparedness and Response, and S102,516 from the Human Services budget from funds allocated to serve persons with incomes at or below the poverty level. We have been assured by AHCA, via each of the Hospitals' AHCA consultants, that all of these items are eligible for the IGT programs. The charts below show the original (b , s +Fi e fli ,,,,.',) and final financial figures for this arrangement. *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 Packet Page -2410- County IGT AHCA Total ** Commitment Matching Funds* (50% to each (budgeted general funds) Hospital from AHCA) Total � $2,097,484 S2 864 626 �, T,'VT..V�,T14 84 962 i � n $2,583,400 $3,528,263 56,111,663 *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 Packet Page -2410- 11/13/2012 Item 16.D.10. Partners Funds to Partners From Hospital's General Operating Funds Collier County Health Department $1,357,560 $1,457,640 from Physicians Regional David Lawrence Center $1,025,040 $1.385,040 $1.385,040 from Naples Community Hospital Social Services — HHVS Budget X34 -- ffeffi Naples Hospital ;384 -C $ 165,000 from Naples Community Hospital $ 92,400 from Physicians Regional Total $3,100,080 ($1,550,040 from each Hospital) The only change from the previously approved agreements is the increased allocation amount. The finalized agreements are provided as backup to this agenda item and were provided to the Hospitals for their review and acceptance prior to requesting the Chairman's signature. FISCAL IMPACT: There is no general fund impact anticipated with this item, as any funding utilized for leverage would have been previously approved in the FY 13 budget. LEGAL CONSIDERATIONS: AHCA's standard fonn agreement was used. Revisions to the agreements with the Hospitals are not necessary. This item is legally sufficient and requires a majority vote for Board action - JBW GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: Ratify the Chainnan's execution of the revised agreement with AHCA (the only revision proposed is to reflect increased funding amounts). Prepared by: Bendisa Marku, Accounting Supervisor, Housing, Human and Veteran Services Packet Page -2411- 11/13/2012 Item 16.D.10. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.10. Item Summary: Recommendation to ratify the Chairman's execution of the revised Buyback agreement between the County and Agency for Health Care Administration (AHCA) for additional eligible funding leveraged under the alternative intergovernmental transfer programs (IGT); such funds identified are already budgeted in the FY 2013 approved budget. Meeting Date: 11/13/2012 Prepared By Approved By Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 11/2/2012 9:27:52 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 11/2/2012 10:08:07 AM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 11/2/2012 10:52:21 AM Name: KlatzkowJeff Title: County Attorney Date: 11 /2/2012 11:45:59 AM Name: StanleyTherese Title: Management /Budget Analyst, Senior,Office of Manage Date: 11/5/2012 3:01:31 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Manag Date: 11/5/2012 4:31:29 PM Name: KlatzkowJeff Packet Page -2412- Title: County Attorney Date: 11/6/2012 8:17:59 AM Name: OchsLeo Title: County Manager Date: 11/6/2012 12:02:55 PM Packet Page -2413- 11/13/2012 Item 16.D.1O. 11/13/2012 Item 16.D.10. Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the 23`d day of October, 2012, by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, (the Agency), 1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2012 -2013, passed by the 2012 Florida Legislature, the County and the Agency agree that the County will remit to the State an amount not to exceed a grand total of $1,453,770. a. The County and the Agency have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b. The increased provision of Medicaid funded health services will be accomplished through the buyback of the Medicaid inpatient and outpatient trend adjustments up to the actual Medicaid inpatient and outpatient cost but not to exceed the amount specified in the Appropriations Act 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, designated trauma hospitals and hospitals not previously included in the GAA. 2. The County will pay the State an amount not to exceed the grand total amount of $1,453,770. The County will transfer payments to the State in the following manner: a. The first quarterly payment of $363,444, for the months of July, August, and September, is due upon notification by the Agency. b. Each successive payment of $363,442 is due as follows, November 30, 2012, March 31, 2013 and June 15, 2013. c. The State will bill the County each quarter payments are due. 3. Timelines: This agreement must be signed and submitted to the Agency no later than October 26, 2012, to be effective for SFY 2012 -2013. 4. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid 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. 5. 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. 6. The County confirms that there are no pre - arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and /or the hospitals to re- direct any portion of these aforementioned Medicaid supplemental payments in order to satisfy non - Medicaid activities. SFY 2012 -13 Buyback LOA Packet Page -2414- Page 1 11/13/2012 Item 16.D.10. 7. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement Plan reflecting 2012-13 legislative appropriations being approved by the federal Centers for Medicare and Medicaid Services. 8. 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 2011 -12 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 2012 -13) LOAs. 9. This Letter of Agreement covers the period of July 1, 2012 through June 30, 2013 and shall be terminated June 30, 2013. SFY 2012 -13 Buyback LOA Packet Page -2415- Page 2 11/13/2012 Item 16.D.10. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written. Collier County _ J Signature PA?,D C0`/L_E Name C,�Ai &W \tJ Title r� f' �1fiTssT: D . .E. BROCK, Clerk :B >is to Cho tnwe SFY 2012 -13 Buyback LOA State of Florida Phil E. Williams Assistant Deputy Secretary for Medicaid Finance, Agency for Health Care Administration Packet Page -2416- Appmved as to farm & legal Sutf4Cion0y As stant County Attorney -3-F,Nti IFE2 Q u) H )-r6 Page 3 11/13/2012 Item 16.D.10. Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the 9 4% day of Q_tt , 2012, by and between Collier County, (the County) and the State of Florida, through its Agency for Health Care Administration, (the Agency), 1. Per House Bill 5001, the General Appropriations Act of State Fiscal Year 2012- 2013, passed by the 2012 Florida Legislature, the County and the Agency agree that the County will remit to the State an amount not to exceed a grand total of $1,129,630. a. The County and the Agency have agreed that these funds will only be used to increase the provision of Medicaid funded health services to the people of the County and the State of Florida at large. b. The increased provision of Medicaid funded health services will be accomplished through the removal of inpatient and outpatient reimbursement ceilings for public hospitals, or any leased public hospital found to have sovereign immunity, hospitals with graduate medical education positions that do not qualify for the elimination of the inpatient and outpatient ceilings under any section of the General Appropriations Act (GAA), that provide services to Medicaid recipients or hospitals not previously included in the GAA. 2. The County will pay the State an amount not to exceed the grand total amount of $1,129,630. The County will transfer payments to the State in the following manner: a. The first quarterly payment of $282,409, for the months of July, August, and September, is due upon notification by the Agency. b. Each successive payment of $282,407 is due as follows, November 30, 2012, March 3.1, 2013 and June 15, 2013. c. The State will bill the County each quarter payments are due. 3. Timelines: This agreement must be signed and submitted to the Agency no later than October 9, 2012, to be effective for SFY 2012 -2013. 4. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid 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. 5. 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. 6. The County confirms that there are no pre - arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the hospitals to SFY 2012 -13 Public Exemptions LOA Page I Packet Page -2417- 11/13/2012 Item 16.D.10. re- direct any portion of these aforementioned Medicaid supplemental payments in order to satisfy non - Medicaid activities. 7. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement Plan reflecting 2012 -13 legislative appropriations being approved by the federal Centers for Medicare and Medicaid Services. 8. 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 2011 -12 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 2012 -13) LOAs. 9. This Letter of Agreement covers the period of July 1, 2012 through June 30, 2013 and shall be terminated June 30, 2013, SFY 2012 -13 Public Exemptions LOA Packet Page -2418- Page 2 11/13/2012 Item 16.D.10. WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on the day and year above first written, Collier County Signature FRED 1-0, C-01' k--E Name Title TATTEsx L�PROCK aft t SFY 2012 -13 Public Exemptions LOA State of Florida Phil Williams Assistant Deputy Secretary for Medicaid Finance, Agency for Health Care Administration AOPWMd Its t* i0 m & legal Suf#CW cy Packet Page -2419- Ai s— nt County Attorney -'o 13 � \-Z' Page 3