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Agenda 09/27/2011 Item #16D5 9127/2011Ite,m 16.D.5. ~ E~~~Y Recommendation that the Board of Coun~ Commissiontn approve and authorize the Chairman to sip agreements with the Agency for s..lth Care Administration (AHCA)antl PhysieiansRe&ional Medical Center (pRMC) to participate iA alternative bJtel'lovermental traJ1Sfer' (IGT) programs. The total financialeomlllltment is 52.1M wltieh, is is curreatly budleted. O~: That the Board of County Commissioners approve and authorize the Chairman to sign the agreements with the Agency for Health Care Administration (AHCA) and the agreement with Physicians RegionalMedi~ Center in onter for them to be Collier's community healtbcare partner. C;::()NS~ERAT1Q~~: The Ag<rncy for Health Care Administration (AHCA) is the State entity thatprovi4es Medicaid services in Florida, and . operates the,' IGT programs. Through agreements between local gov~t and AHCA, these Programs take local funds and use these ftmdsto obtain Federalmatching.dollars. In the pas4Collier has participated in the IGTprogramcalled Low Income Pool (LIP). By participating in the Buyback and the Self-Bxemption IGT programs which total $2,200,000, an increased return will be provided to 0\11' community. Under the LIP arrangement, ourpartnel'$ (excludirlg Physicians Regional) would baverealized a federal match of $187,000. These new programs will generate $440,000 for 0\11' partners. The Federal Government recently cut Medicaid reimbursement rates to providers bya substantial ~ margin. The combination Federal matching funds of the Buyback and Self-Exemption Programs will provide funding to. offset a large majority of the funding losses so that Physicians Regi()l1al can continue to serve 0\11' community's Medicaid patients. Participation in these matching programs provides sustained service to 0\11' low income residents via additional Federal match funding. Physician's Regional Medical Center will become a community hea1thcare partner and serve as the Third Party Administrator for Collier County. The allocation of County and matching funds is shown in the table below: Coun~ IGT Matching Total~. Commitment Funds. Total $2,2.. n,793,191 $4,993,191 Partners Funds to Partners from Physicians Reponal General Operating Funds C()lli~County Health Department $1,357,560 David Lawrence Center $1,079,160 Social Services $203,280 Total ~ ~ *Matches based on most recent formulas Packet Pace -1809" 9/27/2011 Item 16.D.5. --... ** Per the program, the entire amount of Medicaid funding is provided to PRMC FISCAL IMPACT: The County will remit $2,200,000 to the State. These funds have been already budgeted in the Fiscal Year 12 Collier County Public Health Department, David Lawrence Center, and Housing, Human and Veteran Services Department budgets. Participation in the Buyback and Self-Exemption IGT programs will provide a total of$2,793,191 in matching funds that will provide healthcare services to Collier County low-income individuals. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board action. - JBW GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve and authorize the Chairman to sign the agreements with the Agency on Health Care Administration and the agreement with Physicians Regional Medical Center. Prepared by: AsWee Franco, Accounting Supervisor Housing, Human and Veteran Services --... --... Packet Page -1810- 9/27/2011 Item 16.D.5. COLLIER COUNTY ~ Board of County Commissioners Item Number: 16.0.5. Item Summary: Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign agreements with the Agency for Health Care Administration (AHCA) and Physicians Regional Medical Center (PRMC) to participate in alternative intergovermental transfer (IGT) programs. The total financial commitment is $2.2M which is is currently budgeted. Meeting Date: 9/27/2011 Prepared By Name: FrancoAshlee Title: VALUE MISSING 8/30/2011 5:42:06 PM Submitted by ~ Title: VALUE MISSING Name: FrancoAshlee 8/30/2011 5:42:07 PM Approved By Name: GrantKimberley Title: Interim Director, HHVS Date: 8/30/2011 6:13:22 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 8/30/2011 9:10:59 PM Name: RamseyMarla Title: Administrator, Public Services Date: 8/31/2011 11:30:37 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney ---... Packet Page -1811- 9/27/2011 Item 16.D.5. ---... Date: 9/20/2011 10:46:12 AM Name: KlatzkowJeff Title: County Attorney, Date: 9120/2011 2:26:59 PM Name: PryorCheryl Title: Management! Budget Analyst, Senior, Office of Management & Budget Date: 9/20/2011 2:50:42 PM Name: KlatzkowJeff Title: County Attorney, Date: 9/20/2011 2:57: 17 PM Name: OchsLeo Title: County Manager Date: 9/20/2011 3:26:19 PM ---..., ,--- Packet Page -1812- 9/27/2011 Item 16.0.5. . ~. '. . '. . ,. ~. ". (t~. . Letter' of Agreement ~ ",: ,~ . . THIS LETTER OF AGREEMENT made and entered into in duplicate on the 27th day of September, 2011, 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 2000, the General Appropriations Act of State Fiscal Year 2011-2012, passed by the 20 J I 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 $1,326,164. :",; t.-", ~, . ~"""""'':' 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. . ." ~.i' b. The increased provision of Medicaid funded health services will be accomplished through the buy back 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 ~f)tal amount of $1,326,164. The County will transfer payments to the State in the following manner: ~. a. The first quarterly payment of$331,541, for the months of July, August, and September, is due upon notification by the Agency. b. Each successive payment of$331,541 is due as follows, November 30,2011, March 31,2012 and June 15,2012. 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 September 30, 2011, to be effective for Spy 2011- 2012. 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 Lette:r of Agreement shall be in the same form, namely the exchange of signed copies of a re"/ised Letter of Agreement. ~ SFY 2011-12 Buyback lOA Page 1 Packet Page -1813- ..,p. ~,,:~. ~,:: ~r ' #;~~, ,.... ", ':'"-' c;': .<IM' ',. ":. '" ' . r.,:~:~;(:~"\,, '.. t,'~~'~~'i: , ~~~i., " .... ~ r-' 9/27/2011 Item 16.0.5. 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. . . i.~ 7. This Letter of Agreement is contingent upon the State Medicaid Hospital Reimbursement Plan reflecting 2011-12 legislative appropriations being approved by the federal Centers for Medicare and Medicaid Services. 8. This Letter of Agreement covers the period of July 1,2011 through Junc 30, 2012. SFY 2011-12 Buyback LOA Page 2 Packet Page -1814-.. 9/27/2011 Item 16.0.5. . .' ,! ....... J, WITNESSETH: IN WITNESS WHEREOF the parties have duly executed this Letter of Agreement on (: day and year above first written. .. . ~ ~ Collier County State of Florida I ;~ . ;.....".. ~.l: .J Fred W. Coyle Chairman Phil E. Williams Assistant Deputy Secretary for Medicaid Finance~ Agency for Health Care Administration ,~I.:, ., ., ATTEST: DWIGHT E. BROCK. Clerk By: ~! Approved a. to form & legal SUfficiency ~QU~ Asslsta County Attorney J'2: NrV \ Fl:.-t.. ~,~ C SFY 2011-12 Buyback LOA Page 3 Packet Page -1815- 9/27/2011 Item 16.0.5. .,' ~ ~ Letter of Agreement TIllS LETTEROF AGREEMENT made and entered into in .duplicate on the 27th day of September, 2011, 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 2000, the General Appropriations Act of State Fiscal Year 2011- 2012, passed by the 2011 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 $873,836. ::1 1 i .,~ 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. " iil ;.l ;~i 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. "~ ~ I ....of ~ 2. The County will pay the State an amount not to exceed the grand total amount of $873,836. The County will transfer payments to the State in the following manner: a. The first quarterly payment of$218,459, for the months of July, August, and September, is due upon notification by the Agency. b. Each successive payment of $218,459 is due as follows, November 30, 2011, March 31,2012 and June 15,2012. 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 September 30,2011, to be effective for SFY 2011- 2012. 4. The County and the State agree that the State will maintain necessary records and supporting documentation applicable to Medicaid health services covercd 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 bc in the same form, namely the exchange of signed copies of a revised Letter of Agreement. ":! SFY 2011-12 Public Exemptions LOA Packet Page -1816- Page 1 9/27/2011 Item 16.0.5. ,*' ,/ .'1:. ~ 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 supplem~ntal payments in order to satisfy non-Medicaid activities. , " 7. This Letter of Agreement is contingent" upon the State Medicaid Hospital Reimbursement Plan reflecting 2011-12 legislative appropriations being approved by thc federal Centers for Medicare and Medicaid Services. .:. 8. This Letter of Agreement covers the period of July 1,2011 through June 30, 2012. ~,,"; -.: 'I .-" SFY 2011-12 Public Exemptions LOA Packet Page -1817- Page 2 9/27/2011 Item 16.D.5. .'> ... .--- 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 Fred W. Coyle Chairman Phil E. Williams Assistant Deputy Secretary for Medicaid Finance, Agency for Health Care Administration Approved .. to form & leG81 Sufficiency ':1 --- ATTEST: ~ ~ ')0~ , DWIGHT E. BAOCK. CI.rk Assistant County Attorney By: 3""~N~ \ ~'C..a.. e>. ~ \\[. .~ SFY 2011-12 Public Exemptions LOA Packet Page -1818- Page 3 , ':~:. 9/27/2011 Item 16.0.5. ~..." AGREEMENT THIS AGREEMENT is made and entered into this zih of SeDtember 2011 by and between Collier County, Florida, a pOlitical subdivision of the State of Florida, hereinafter referred to as lithe County" and Naples HMA, LLC. d/b/a Physicians Regional Healthcare System, a Florida limited liability company, hereinafter referred to as lithe Hospital". RECITALS: WHEREAS, Section 12S.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 delivery of hospital services, designated primary health care services, specialty health care services and other health care services including, 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 The County shall make intergovernmental transfers, on behalf of the Hospital, in connection with the State's Medicaid Programs - specifically the buyback of the Medicaid inpatient and ~ outpatient trend adjustment and self funding of exemptions - to the State of Florida in Packet Page -1819- 9/27/2011 Item 16.0.5. ~ accordance with the Letter(s) of Agreement betWeen the County and the Agency for Health Care Administration. 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 documents are hereby incorporated by reference as Attachments to this Agreement a. Buy-Back Letter of Agreement with State of Florida AHCA (Attachment A) b. Self Funding Exemptions Letter of Agreement with State of Florida AHCA (Attachment B) ARTICLE III CLAIMS VALUATION AND CLAIMS PROCESSING 1. 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 Agreementshall be October 1, 2011 through September 3D, 2012. 2. Either party may terminate this Agreement thirty (30) calendar days after receipt by the other party of written notice of intent to terminate. In the event of termination, the County shall pay for services rendered, prorated to the date of termination. The County shall continue to pay for any inpatient receiving services on the date of termination until the dis~harge of such patient. 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, telegram 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. Packet Page -1820- 9/27/2011 Item 16.D.5. ARTICLE VI SUBCONTRACTI NG 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 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. The Hospital and/or Its sub~contractor shall Indemnify the County against any. claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from the Hospital's failure to perform its obligations under this Agreement. Subject to the limitations set forth in Section 768.28, Florida Statutes, the County shall indemnify the Hospital against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from or in any way connected with the performance of the County's responsibilities under this Agreement including the County's review of all invoices to insure that no violations of state of federal laws, rules or regulations occurs in payments made pursuant to this Agreement. 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 or 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 Hospital has standard, acceptable billing procedures that the Hospital will utilize in the performance of its obligations under this Agreement. 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 payment, on a voluntary basis, to specific healthcare programs and services, such as the mental health programs of the David Lawrence Center and the Collier County Health Department 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. Packet Page -1821- !: ,; " ~, ---, .-.. ~ ---... 9/27/2011 Item 16.0.5. For the healthcare services provided by the Hospital, the Hospital shall be re1mbursed at the federally approved Medicare rates. The County shall be responsible for verifying invoices for such services prior to reimbursement to the Hospital. The Hospital has the right to bill the balance to the patient for any difference between the Medicare rate and the amount the hospital is paid pursuant to the County's authorization. "J' ARTICLE IX RECORDS 1. 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, 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 ~ald period. Access to PHI shall be in compliance with federal laws and HIPAA. ARTICLE X CIVIL RIGHTS "I 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 i~ 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 use 2000d) in regard to persons served. 4. The Hospital and/or its sub-contractor shall comply with Title VII of th~ 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 attac~ed 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. Packet Page -1822- 9/27/2011 Item 16.0.5. 3. ,.'".' 4. ,. S. 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. The Hospital and/or its sub-contractor agrees to comply with all applicable requirements and guidelines prescribed by the County for recipients of funds. 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). ~.. IN WITHNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK , , OFCOlLlER COUNTY, FLORIDA By: , DEPUTY CLERK FRED W. COYLE, CHAIRMAN Approval as to form and legal Sufficiency: ~, R:.J:) ~ Jennifer B. White Assistant County Attorney Naples HMA, LLC., d/b/a Physkians Regional Hea/thcare System, a Florida limited liability company By: Title: ATTEST: .J; By: Date: ---... Packet Page -1823-