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Backup Documents 10/22/2019 Item #16E 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 E 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office ,1)4-4 4. BCC Office Board of County l>J Commissioners \ 10\z`*\ 4. Minutes and Records Clerk of Court's Office —d �-- /014031 ,Valk`` 5. Procurement Services Procurement Services PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Ana Reynoso/PURCHASING Contact Information 239-252-8950 Contact/Department Agenda Date Item was October 22,2019 V Agenda Item Number 16.E.1 Approved by the BCC Type of Document AMENDMENT Number of Original 2 Attached Documents Attached PO number or account N/A 16-0036-Amend Envision number if document is Envision Pharmaceutical to be recorded Pharmaceutical Services, LLC Services, LLC INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signatur' STAMP OK N/A 2. Does the document need to be sent to another agency for a. 'tional signa s? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone orr an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AR signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the AR document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AR signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/22/2019 and all changes made during N/A is not the meeting have been incorporated in the attached document. The County 1 ► an option for Attorney's Office has reviewed the changes,if applicable. ✓ this line. 9. Initials of attorney verifying that the attached document is the version approved by the '/A is not BCC, all changes directed by the BCC have been made,and the document is ready for the C ,, option for Chauruan's signature. ine. 1 6 E 1 MEMORANDUM Date: October 25, 2019 To: Ana Reynoso, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Amendment to Contract #16-0036 "Pharmacy Benefit Management Services" Contractor: Envision Pharmaceutical Services, LLC Attached for your records is an original of the referenced document above, (Item #16E1) adopted by the Board of County Commissioners on Tuesday, October 22, 2019. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 16E1 AMENDMENT TO AGREEMENT No. 16-0036 FOR PHARMACY BENEFIT MANAGEMENT SERVICES THIS AMENDMENT made and entered into on this p1r\flf/ day of 2019, by and between Envision Pharmaceutical Services, LLC f/k/ajEnvision Pharmaceutical Services, Inc. (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WHEREAS, on September 24, 2013, (Agenda Item 11.G), the County entered into an Agreement with Envision Pharmaceutical Services, Inc. to provide Pharmacy Benefit Management services to the Collier County Group Health Insurance Plan with an effective date of January 1, 2014 and ending December 31, 2016 with a one-year automatic renewal option; and WHEREAS, on or about October 28, 2013, Envision Pharmaceutical Services, Inc., through a Declaration of Conversion filed with the Ohio Secretary of State, converted all the shares of its capital stock into membership interests in Envision Pharmaceutical Services, LLC (the "LLC"), that became effective on or about November 4, 2013, and the LLC is now the correct named party to Agreement No. 16-0036; and WHEREAS, on September 13, 2016, (Agenda Item 16.E.8), the County approved an Amendment to the Agreement to: (1) update Exhibit I Drug Pricing and Fees, to become effective January 1, 2017, and (2) revise Subsection 6.1 Term, providing for an initial term of two years with an option to renew for two additional one (1) year terms; and WHEREAS, the parties desire to further amend the Agreement to (1) extend the contract through December 31, 2020, (2) replace Exhibit 1, and (3) formally acknowledge the Contractor's name change to the LLC as a result of the corporate conversion. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. Subsection 6.1 Term, is hereby replaced in its entirety with the following: 6.1. Term: The term of this Agreement shall commence on January 1, 2020 and shall remain in full force and effect through December 31, 2020, unless earlier terminated as provided herein. * * * 2. Exhibit 1 Drug Pricing and Fees is hereby replaced in its entirety with Exhibit 1-2020. 3. The Contractor's corporate name shall hereafter be revised, known and reflected in Agreement No. 16-0036, wherever referenced as Envision Pharmaceutical Services, LLC. Words Stfuek-Through are deleted; Words Underlined are added * * * Page 1 of 2 Amendment to Agreement#16-0036 16E1 IN WITNESS WHEREOF,the Parties have executed this Amendment on the date and year first written above by an authorized person or agent. ATTEST: Crystal K.Kinzel,Cler11 f Courts& BOARD OF COUNTY COMMISSIONERS Comptroller , `}'/..,«; COLLIER COUNTY, FLORIDA f ir AleiLW tdo,A, ` W� tam L. Mc Daniel Jr.,Chat an Dated: t ,. ' (SEAL) y. Attest+as Co s. signature only. Contractor's Witnesses: CON CTOR: 1 / E sio Ph• mac mai Services,LLC 111;044, et,tp trst Witness By: AO1MINI' Si: aturw' ArtinC(a. Ic�ti . 5 . Type/print witness name �f o r TType/prii ature and titlet �P,A k ' IhS_._A INK'Pond Witness 2 32/0 �G �� H c 1 1(OrinQ i- Date TType/print witness nameT Ap'roved a to For an, Lega ity: _ %•I Deputy ounty Attorney Print Name Item#Agenda ►bEi`O',^ 1� Date vb"`r Date /a11),Q Re ' Page 2 of 2 Deputy Jerk Amendment to Agreement#16-0036 t0; � 1 6E1 EXHIBIT 1-2020 CAS` 1 6 E1 Collier County Board of Commissioners PHARMACY BENEFIT MANAGEMENT SERVICES AGREEMENT Update to Exhibit 1 Effective January 1St, 2020 The rates and terms set forth below replace the same rates and terms of any prior Exhibit 1 as of the effective date above (i.e. the changes set forth herein are not retroactive). Administrative Fee (Payable to Envision; not including fees payable to Plan Sponsor's TPAs, consultants, or brokers, if any) $1.85 per Claim Fees for Additional Services and Miscellaneous Expenses 1. Manually create or update the Eligibility File $1.00 per Covered Individual data entry 2. Custom Eligibility File layouts (accommodation or development) $1,000.00 per layout 3. Replacement by Envision of lost or stolen ID $1.00 per card plus cost of postage Cards (individual) 4. Member Communications Cost of production and postage 5. Custom Website Quoted upon request 6. Standard Online Reporting User Access Standard Online Reporting includes access for 3 active Plan Sponsor users and 1 consultant user. A licensing fee of $1,200.00 would apply for each additional user. 7. Ad Hoc Computer or Report Programming $150 per hour for development of a non- standard report, with a minimum of$500 8. Incoming Data Transfer Files $250.00 per industry-standard file (non-industry standard file formats will be quoted upon request) 9. Submission of Medicare Part D subsidy $1.00 per Member, per month, minimum $2,000 per year 10. Customized Formulary $0.20 per Member, per month 11. Coverage Determinations (including Clinical Prior $35.00 per request Authorizations) CAt 1 6 E 1 12. Redeterminations (Internal Appeals) $125 per request 13. External Appeals including services of an 100%pass-through of costs incurred Independent Review Organization (IRO) (ranging between $250 to $350 per appeal, average cost is approximately $300 per appeal) 14. Coverage Determinations—Pain Management (includes Opioid naive patients, immediate release opioids before extended release opioids, and 200 mg per day cumulative Morphine Equivalent Dose (MED)) $35.00 per request 15. Value Added Services—Pain Management (includes Retrospective Review - case management and enhanced opioid refill surveillance) $0.10 per Member, per month 16. e-Prescribing $0.30 per transaction, minimum of$250.00 per month for Member and drug eligibility verification through SureScripts hub 17. Claim Adjustment Checks (charged to Plan Sponsor for reimbursements made to Covered Individuals for Claim adjustments requested by Plan Sponsor.) $8.50 per check 18. Explanation of Benefits (EOB) production and distribution $1.00 per EOB plus postage 19. Manual Claims Processing (including DMRs) $3.00 per Claim processed 20. Medicaid Subrogation Claim Adjudication $3.50 per Claim 21. Plan Sponsor Error: Manually reverse and reprocess Claims due to Plan Sponsor error $1.75 per Claim (paid and reversed) 22. Drug Therapy Care Gap Management $0.55 per Member, per month 23. Medication Adherence and Persistency (up to three disease states) $0.55 per Member, per month 24. Outgoing Data Transfer Files (Claims History, Prior Authorization Files, Open Refill Files (Mail and Specialty), Accumulator Files (deductible, out-of-pocket, etc.), and/or related participant data $5,000 for any or all of the identified files (i.e. patient addresses, etc.) reports e I6E1 25. ControlTrakRx On-site pharmacy audit $1,500 per onsite audit' 26. Run-Out Claims transmitted post termination $2.24 per Claim Drug Pricing and Dispensing Fees(A) Supply/Source BRAND GENERIC Drug Price(B)(C) Dispensing Drug Price(B)(C) Dispensing (Annual Average Fee(C) (Annual Average Fee(C) For Contract Year 1 Effective Rate (Annual Effective Rate (Annual Guarantee) Average Guarantee) Average Guarantee) Guarantee) Retail Pharmacy (30 AWP minus 18.00% $0.85 AWP minus $0.85 Days' Supply) 81.50% Retail Pharmacy (84 Days' Supply or AWP minus greater) (non-Mail AWP minus 22.50% N/A N/A 83.50% Order)(D) Mail Order Pharmacy (84 Days' Supply or AWP minus 24.00% N/A AWP minus N/A greater at 85.50% EnvisionPharmacies)(F) Specialty Drugs Priced per Envision Specialty Drug List Dispensed at Specialty Annual Average Aggregate Guarantee: Pharmacy (at EnvisionPharmacies)(E) AWP minus 18.00% with no Dispensing Fee (A) For purposes of this Agreement the "Average Wholesale Price" or "AWP" means the average wholesale price of a Covered Drug indicated on the most current pricing file provided to Envision by Medi-Span® (or other applicable industry standard reference on which pricing hereunder is based)for the actual drug dispensed using the 11 digit National Drug Code (NDC) number provided by the dispensing pharmacy. Envision uses a single source for determining AWP and updates the AWP source file at least once weekly. (B) For purposes of this Agreement, the "Annual Average Effective Rate" means, for the category of drugs being reviewed,the result calculated by the following formula: 1. (IC/AWP)-1,where IC(the"Ingredient Cost")is the sum of all amounts paid by Plan Sponsor for the ingredient costs of the Covered Drugs paid to Participating Pharmacies in the designated Network during the Contract Year, before deducting applicable Manufacturer Derived Revenue;and 2. AWP is the sum of the Average Wholesale Price amounts associated with the same Covered Drugs during the Contract Year. If the calculated price is lower than the allowable amount under any state Medicaid "Favored Nations" rule, Envision shall pass-through, and Plan Sponsor shall pay, the Medicaid allowable amount. ' Retail pharmacy audits and/or investigations are available only to Envision clients enrolled in the ControlTrakRx Retail Pharmacy Audit program. CAO' 1 6 E1 (C)The Annual Average Effective Rate and Annual Average Dispensing Fee is calculated using actual price paid by Envision to Participating Pharmacies in the designated Network, plus any Cost Share, (the Ingredient Cost)for all Claims for the applicable category above(including Claims paid at the U&C Price) during a Contract Year, excluding(i)compound drugs;(ii)Limited Distribution Drugs; (iii) Specialty Drugs; (iv)Claims from non-Participating Pharmacies,LTC pharmacies, home infusion or government owned or operated pharmacies(e.g. Veterans Administration); (v)Claims paid at government required amounts(e.g. Medicaid); (vi)340B Claims; (vii)vaccines; (viii)non-Prescription Drugs (including OTC); (ix) drugs in limited supply; (x)Claims from any Plan Sponsor owned or affiliated pharmacy; (xi) direct- member reimbursement(DMR) Claims; and(xii) subrogation Claims. (D)84 Days' supply or greater at retail pharmacy guarantees apply only if Plan Sponsor's Benefit Plan includes a 90 days' supply at retail benefit for the entire Contract Year. (F)In no event will the Retail Pharmacy or Mail Order Pharmacy pricing terms specified in the Agreement, including, but not limited to, the Annual Average Effective Rate and Annual Average Dispensing Fee guarantees, apply to Specialty Drugs dispensed at a Specialty Pharmacy. Plan Sponsor is required to utilize the Envision Exclusive Specialty Pharmacy Program beginning on the Effective Date of this Agreement;and Members are required to use the Envision Specialty Pharmacy on the first fill of a covered Specialty Drug. (F)The calculation is inclusive of the postage expense of Mail Order Claims. Should any United States Postal Service(USPS)or commercial carrier postage rate increase during the contract term, such increase will be passed through to Plan Sponsor via an equal increase to the Mail Order dispensing fee. Annual Average Effective Rate and Annual Average Dispensing Fee Guarantee Plan Sponsor acknowledges that the Annual Average Effective Rates and Annual Average Dispensing Fees specified in this Exhibit 1 are conditioned upon Plan Sponsor's adherence to certain conditions under this Agreement and that the actual Annual Average Effective Rates and Annual Average Dispensing Fees will also depend on Plan Sponsor's drug utilization and mix of Participating Pharmacies. If the amounts paid by Plan Sponsor during the Contract Year for all Claims in any category in Exhibit 1 with a specified rate (i.e. 30 Day Retail Brand Drug; 30 Day Retail Brand Drug Dispensing Fee; 30 Day Retail Generic Drug; 30 Day Retail Generic Drug Dispensing Fee; 90 Day Retail Brand Drug; 90 Day Retail Generic Drug; 90 Day Mail Brand Drug; 90 Day Mail Generic Drug) are less favorable than the Annual Average Effective Rates and Average Dispensing Fees stated in Exhibit 1, Envision shall credit Plan Sponsor with the difference for that category. Envision shall not be liable to Plan Sponsor for shortfalls in guaranteed Annual Average Effective Rates or Annual Average Dispensing Fees if(i) Plan Sponsor makes a change to the Benefit Plan at any time (regardless of whether or not such change is required by law);(ii)the configuration of System edits is modified by Plan Sponsor; (iii) Plan Sponsor does not adhere to the Formulary; (iv) the utilization data provided by Plan Sponsor (or Plan Sponsor's agent) upon which the calculation of guarantees were based is inaccurate, incomplete; (v)there is a substantial change in drug utilization patterns of Covered Individuals; or(vi) Plan Sponsor terminates before completion of the applicable, full Contract Year. In addition,Plan Sponsor agrees that Envision's liability to Plan Sponsor for shortfalls in financial guarantees, in the aggregate, for any Contract Year shall be limited to amounts paid by Plan Sponsor to Envision for Administrative Fees during the applicable Contract Year, and Plan Sponsor has no right of offset to withhold any payment due Envision under this Agreement for any amounts Plan Sponsor believes are owed by Envision for financial guarantees. Annual Average Manufacturer Derived Revenue Guarantee(cmo,(0,0) For Contract Year 1: • For 30 days' supply of Brand Drugs at a Retail Pharmacy - $147.56 per paid Brand Drug Claim • For 84 days' supply of Brand Drugs at a Retail Pharmacy - $346.34 per paid Brand Drug Claim • For 84 days' supply of Brand Drugs at the Mail Order Pharmacy - $600.40 per paid Brand Drug Claim CA 16E1 • For Specialty Brand Drugs - $1,278.93 per paid Specialty Brand Drug Claim (G)Manufacturer Derived Revenue guarantees are stated as annual average amounts per Contract Year. (H) Guarantees require Plan Sponsor to maintain a Benefit Plan that has a tier structure with a minimum $20 differential in Cost Share between preferred Brand Drugs and non-preferred Brand Drugs. Guarantees are contingent upon Plan Sponsor employing a Plan Sponsor-funded Benefit Plan design in which, in general, Plan Sponsor funds a minimum of fifty percent(50%)of the cost of the Covered Drug. (I) Claims dispensed by Pharmacies participating in 340B program, Claims not eligible for Manufacturer Derived Revenue (e.g. Vaccines, Compounds, Direct Member Reimbursement Claims, etc.), OTC drug Claims(with the exception of diabetic testing supplies and insulin), subrogation claims, Limited Distribution Drugs, biosimilars, Claims pursuant to 100% Member Copayment plan, and Claims from any Plan Sponsor owned or affiliated pharmacy, shall be excluded from the calculation of the guarantees above. 0)Guarantees require Plan Sponsor to utilize current Envision Select Formulary. Plan Sponsor acknowledges that the annual average Manufacturer Derived Revenue guaranteed amounts specified in this Exhibit 1 are conditioned upon Plan Sponsor's adherence to certain conditions under this Agreement. (a) If the Manufacturer Derived Revenue advanced to Plan Sponsor for the Contract Year is, overall, lower than the overall Manufacturer Derived Revenue earned by Plan Sponsor for the Contract Year,Envision shall pay the difference to Plan Sponsor, after application of any additional offset allowed under this Agreement. (b) If the Manufacturer Derived Revenue earned by Plan Sponsor for the Contract Year is,overall,lower than the annual average Manufacturer Derived Revenue guaranteed amounts specified above,in the aggregate, Envision shall pay the difference to Plan Sponsor,after application of any additional offset allowed under this Agreement. Notwithstanding anything herein to the contrary,Envision shall not be liable to Plan Sponsor for any shortfall in guaranteed Manufacturer Derived Revenue if: (i) Plan Sponsor makes a change to the Benefit Plan at any time (regardless of whether or not such change is required by law); (ii) the configuration of System edits is modified by Plan Sponsor; (iii) Plan Sponsor does not adhere to the Formulary; (iv) the utilization data provided by Plan Sponsor(or Plan Sponsor's agent) upon which the calculation of guarantees were based is inaccurate, incomplete; (v) there is a substantial change in drug utilization patterns of Covered Individuals; (vi) there is a loss of rebates due to pharmaceutical manufacturer drug patent expirations, manufacturer bankruptcy, or removal of a drug from the market; (vii) there are changes in pharmaceutical manufacturer rebate contracting terms or policies;(viii)Plan Sponsor's Benefit Plan does not meet the conditions for rebates of pharmaceutical manufacturer contracts including market share rebates; (ix) if Plan Sponsor has been excluded by a manufacturer; (x) there is any governmental regulation, ruling, or guidance that impacts Envision's ability to maintain current Manufacturer Derived Revenue yields;or(xi)Plan Sponsor terminates before completion of the applicable, Contract Year. Plan Sponsor agrees that Envision's liability to Plan Sponsor for shortfalls in financial guarantees, in the aggregate, for any Contract Year shall be limited to amounts paid by Plan Sponsor to Envision for Administrative Fees during the applicable Contract Year, and Plan Sponsor has no right of offset to withhold any payment due Envision under this Agreement for any amounts Plan Sponsor believes are owed by Envision for financial guarantees. *Financial guarantees and fees are contingent upon Plan Sponsor maintaining at least 4,674 Members each month for each Contract Year. If the annual average of enrollment falls 20% or more from 4,674, Plan Sponsor acknowledges and agrees that Envision may modify the financial guarantees or fees. Ac