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Backup Documents 09/28/2021 Item #16D 3 160 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 V, R 6 E- rAv 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. Jeffrey Newman Operations and Veteran 9(23 12\ Services 2. County Attorney Office—JAB,ACA County Attorney Office Sk8 a t i CidaiSval 3. BCC Office Board of County �6jgl - Commissioners Q L-x 4 4. Minutes and Records Clerk of Court's OfficeNft) 4 2•216;44W1 4115 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 Irene Takla,Operations and Veteran STAFF PERSON 239 252 5505 Contact/ Department Services Division PHONE# Agenda Date Item was 09/28/2021 Agenda Item Number 16D 3 Approved by the BCC Type of Document - DIRECTED PAYMENT PROGRAM Number of Original cR L-0A Ls- Attached LETTER OF AGREEMENT Documents Attached l R E,S - RESOLUTION PO number or account 2D 21 — (C M number if document is to be recorded • 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 signature? ir 2. Does the document need to be sent to another agency for additional signatures? If yes, L . provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 1. 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 ✓' 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 L-/ signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 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 above date and all changes made during I/A is not the meeting have been incorporated in the attached document.-The County 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 re 'N/A is no- BCC,all changes directed by the BCC have been made,and the document is ready for the opal option foil Chairman's signature. ;this line; 160 3 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, September 28, 2021 4:30 PM To: 'thomas.wallace@ahca.myflorida.com'; 'Taklalrene' Subject: Directed Payment Program/LAO (Collier County) Attachments: T Wallace - Directed Payments Program-LOA.pdf Hello Thomas, Attached is the requested LOA and certified resolution for your review. If you have any questions feel free to contact Irene Takla at 239-252-5505. Thanks, Martha Vergara BMR &VAB Senior Deputy Clerk C.ck»r c°uR7, , Office: 239-252-7240 Fax: 239-252-8408 E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court r _" & Comptroller of Collier County se 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 1 6 D 3 Martha S. Vergara From: Martha S. Vergara Sent: Tuesday, September 28, 2021 4:27 PM To: jeffrey.mistich@ahca.myflorida.com' Subject: Directed Payment Program/Letter of Agreement (Collier County) Attachments: J Mistich - Directed Payment Program-LOA.pdf Hello Jeffrey, Attached is the requested LOA and certified resolution for your review. If you have any questions feel free to contact Irene Takla at 239-252-5505. Thanks, Martha Vergara BMR&VAB Senior Deputy Clerk cocttircovoct Office: 239-252-7240 °�, Fax: 239-252-8408 �� pr E-mail: martha.vergara@CollierClerk.com Office of the Clerk of the Circuit Court r & Comptroller of Collier County 4c.�. • d`°' 3299 Tamiami Trail E, Suite #401 Naples, FL 34112 www.CollierClerk.com i 160 3 RESOLUTION NO. 2 0 21 — 197 AN ASSESSMENT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING AND ADOPTING A NON-AD VALOREM SPECIAL ASSESSMENT WITHIN THE COUNTY LIMITS FOR THE PURPOSE OF BENEFITING ASSESSED PROPERTIES THROUGH ENHANCED MEDICAID PAYMENTS FOR LOCAL SERVICES; FINDING AND DETERMINING THAT CERTAIN REAL PROPERTY IS SPECIALLY BENEFITED BY THE ASSESSMENT; COLLECTING THE ASSESSMENT AGAINST THE REAL PROPERTY; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENT AND THE METHOD OF ITS COLLECTION; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICES IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER AUTHORIZATIONS AND DELEGATIONS OF AUTHORITY AS NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,hospitals in Collier County's jurisdiction (the "Hospitals") annually provide millions of dollars of uncompensated care to uninsured persons and those who qualify for Medicaid because Medicaid, on average, covers only 60% of the costs of the health care services actually provided by Hospitals to Medicaid-eligible persons, leaving hospitals with significant uncompensated costs; and WHEREAS, the State of Florida (the "State") received federal authority to establish the Statewide Medicaid Managed Care Hospital directed payment program (the "DPP") to offset hospitals' uncompensated Medicaid costs and improve quality of care provided to Florida's Medicaid population; and WHEREAS, Hospitals have asked Collier County (the "County") to impose a non-ad valorem special assessment upon certain real property interests held by the Hospitals to help finance the non-federal share of the State's Medicaid program; and WHEREAS, the only real properties interests that will be subject to the non-ad valorem assessments authorized herein are those belonging to the Hospitals; and WHEREAS,the County recognizes that one or more of the Hospitals within the County's boundaries may be located upon real property leased from governmental entities and that such Hospitals may be assessed because courts do not make distinctions on the application of special assessments based on"property interests"but rather on the distinction of the classifications of real property being assessed; and WHEREAS,the funding raised by the County assessment will,through intergovernmental transfers ("IGTs") provided consistent with federal guidelines, support additional funding for Medicaid payments to Hospitals; and Cio 1 60 3 WHEREAS, the County acknowledges that the Hospital properties assessed will benefit directly and especially from the assessment as a result of the above-described additional funding provided to said Hospitals; and WHEREAS, the County has determined that a logical relationship exists between the services provided by the Hospitals, which will be supported by the assessment, and the special and particular benefit to the real property of the Hospitals; and WHEREAS, the County has an interest in promoting access to health care for its low- income and uninsured residents; and WHEREAS, leveraging additional federal support through the above-described IGTs to fund Medicaid payments to the Hospitals for health care services directly and specifically benefits the Hospitals' property interests and supports their continued ability to provide those services; and WHEREAS, imposing an assessment limited to Hospital properties to help fund the provision of these services and the achievement of certain quality standards by the Hospitals to residents of the County is a valid public purpose that benefits the health, safety, and welfare of the citizens of the County; and WHEREAS, the assessment ensures the financial stability and viability of the Hospitals providing such services; and WHEREAS, the Hospitals are important contributors to the County's economy, and the financial benefit to these Hospitals directly and specifically supports their mission, as well as their ability to grow, expand, and maintain their facilities in concert with the population growth in the jurisdiction of the County; and WHEREAS, the Board finds the assessment will enhance the Hospitals' ability to grow, expand, maintain, improve, and increase the value of their Collier County properties and facilities under all present circumstances and those of the foreseeable future; and WHEREAS, the County is proposing a properly apportioned assessment by which all Hospitals will be assessed at a uniform rate that is compliant with 42 C.F.R. § 433.68(d); and WHEREAS, on June 22, 2021, the Board of County Commissioners adopted Ordinance 2001-23,enabling the County to levy a uniform non-ad valorem special assessment,which is fairly and reasonably apportioned among the Hospitals' property interests within the County's jurisdictional limits, to establish and maintain a system of funding for IGTs to support the non- federal share of Medicaid payments, thus directly and specially benefitting Hospital properties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Definitions. As used in this Resolution, the following capitalized terms, not 2 C40 160 3 otherwise defined herein or in the Ordinance, shall have the meanings below, unless the context otherwise requires. Assessed Property means the real property in the County to which an Institutional Health Care Provider holds a right of possession and right of use through an ownership or leasehold interest, thus making the property subject to the Assessment. Assessment means a non-ad valorem special assessment imposed by the County on Assessed Property to fund the non-federal share of Medicaid and Medicaid managed care payments that will benefit hospitals providing Local Services in the County. Assessment Coordinator means the person appointed to administer the Assessment imposed pursuant to this Article, or such person's designee. Board means the Board of County Commissioners of Collier County, Florida. Comptroller means the Collier County Comptroller, ex officio Clerk to the Board, or other such person as may be duly authorized to act on such person's behalf. County means Collier County, Florida. Fiscal Year means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. Institutional Health Care Provider means a private for-profit or not-for-profit hospital that provides inpatient hospital services. Local Services means the provision of health care services to Medicaid, indigent, and uninsured members of the Collier County community. Non-Ad Valorem Assessment Roll means the special assessment roll prepared by the County. Ordinance means the Collier County Local Provider Participation Fund Ordinance No. 20021-23. Tax Collector means the Collier County Tax Collector. Section 2. Authority. Pursuant to the Constitution of the State of Florida, Chapter 125 of the Florida Statutes, and the Collier County Local Provider Participation Fund Ordinance, the Board is hereby authorized to impose a special assessment against private for-profit and not-for- profit hospitals located within the County to fund the non-federal share of Medicaid payments associated with Local Services. Section 3. Special Assessment. The non-ad valorem special assessment discussed herein shall be imposed, levied, collected, and enforced against Assessed Properties located within 3 "1Q 1 60 3 the County. Proceeds from the Assessment shall be used to benefit Assessed Properties through a directed payment program that will benefit the Assessed Properties for Local Services. When imposed, the Assessment shall constitute a lien upon the Assessed Properties owned by Hospitals and/or a lien upon improvements on the Property made by Hospital leaseholders equal in rank and dignity with the liens of all state, county, district, or municipal taxes and other non-ad valorem assessments. Payments made by Assessed Properties may not be passed along to patients of the Assessed Property as a surcharge or as any other form of additional patient charge. Failure to pay may cause foreclosure proceedings, which could result in loss of title, to commence. Section 4. Assessment Scope, Basis, and Use. Funds generated from the Assessment shall be used only to: 1. Provide to the Florida Agency for Health Care Administration the non-federal share for Medicaid managed care hospital directed payments to be made directly or indirectly in support of hospitals serving Medicaid beneficiaries; and 2. Reimburse the County for administrative costs associated with the implementation of the Assessment authorized by the Ordinance. If,at the end of the Fiscal Year, additional amounts remain in the local provider participation fund, the Board is hereby authorized either(a)to refund to Assessed Properties, in proportion to amounts paid in during the Fiscal Year, all or a portion of the unutilized local provider participation fund, or(b)if requested to do so by the Assessed Properties,to retain such amounts in the fund to transfer to the Agency in the next fiscal year for use as the non-federal share of Medicaid hospital payments. If, after the Assessment funds are transferred to the Agency, the Agency returns some or all of the transferred funding to the County (including, but not limited to, a return of the non-federal share after a disallowance of matching federal funds), the Board is hereby authorized to refund to Assessed Properties, in proportion to amounts paid in during the Fiscal Year, the amount of such returned funds. Section 5. Computation of Assessment. The Assessment shall equal 1.11% of net patient revenue for each Assessed Property specified in the attached Non-Ad Valorem Assessment Roll. The amount of the Assessment required of each Assessed Property may not exceed an amount that, when added to the amount of other hospital assessments levied by the state or local government, exceeds the maximum percent of the aggregate net patient revenue of all Assessed Hospitals in the County permitted by 42 C.F.R. § 433.68(f)(3)(i)(A). Assessments for each Assessed Property will be derived from data contained in cost reports and/or in the Florida Hospital Uniform Reporting System, as available from the Florida Agency for Health Care Administration. Section 6. Timing and Method of Collection. The amount of the assessment is to be collected pursuant to the Alternative Method outlined in §197.3631, Fla. Stat. 4 �(� 1 6D 3 The County shall provide Assessment bills by first class mail to the owner of each affected Hospital. The bill or accompanying explanatory material shall include: (1) a reference to this Resolution, (2) the total amount of the hospital's Assessment for the appropriate period, (3) the location at which payment will be accepted, (4) the date on which the Assessment is due, and (5) a statement that the Assessment constitutes a lien against assessed property and/or improvements equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. No act of error or omission on the part of the Comptroller, Property Appraiser, Tax Collector, Assessment Coordinator, Board, or their deputies or employees shall operate to release or discharge any obligation for payment of the Assessment imposed by the Board under the Ordinance and this resolution. Section 7. Public Hearing. As required by §197.3631, Fla. Stat. the Board has heard and considered objections of all interested persons prior to rendering a decision on the Assessment and attached Non-Ad Valorem Assessment Roll. Section 8. Responsibility for Enforcement. The County and its agent, if any, shall maintain the duty to enforce the prompt collection of the Assessment by the means provided herein. The duties related to collection of assessments may be enforced at the suit of any holder of obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. Section 9. Severability. If any clause, section, or provision of this resolution is declared unconstitutional or invalid for any reason or cause, the remaining portion hereof shall be in full force and effect and shall be valid as if such invalid portion thereof had not been incorporated herein. Section 10. Effective Date. This Resolution to be effective immediately upon adoption. This Resolution duly adopted this 28th day of September, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER 0 TY, FLORID By W L( By: Attest � �Ch implh UTY CL K PENNY TA OR, CHAIRPERSON Approved as to foriii and legality: Jenni er A. Belpedio f?.\ Assistant County Attorney `�� 0. 5 70 1 60 3 HayesJessica From: Taklalrene Sent: Tuesday, September 28, 2021 8:54 AM To: BelpedioJennifer; Martha S.Vergara Cc: HayesJessica Subject: RE: Routing of Item 16D3 9/28 -REQUEST FOR PRIORITY IN PRIORITY DOCS MUST BE TO AHCA BY 10/1 Thank you,Jennifer. Martha,the contact information and address is as shown in below table: Contact Name Jeffrey Mistich Agency Name Bureau of Medicaid Program Finance Agency for Health Care Administration Address 2727 Mahan Dr. Bldg 3 Mailstop#23 Tallahassee, FL 32308 Phone 850-412-4119 We would like to email the documents to ACHA before 10/1 to the following recipients as well and please copy me in the email. Thomas.Wallace@ahca.mvflorida.com jeffrev.mistich@ahca.mvflorida.com Please let me know if you have any questions. Thank you Respectfully, Irene Takla Accountant &9tY Public Services Department Operations and Veteran Services Division Supporting operational excellence for all PSD divisions through transparency, accountability,and leadership. 3339 Tamiami Trail E Suite 212,Bldg H Naples, FL 34112 Office Phone:239-252-5505 Irene.Takla@colliercountyfl.gov How is our customer service? Please take our brief survey here. 1 1 60 3 BelpedioJennifer From: Taklalrene Sent: Wednesday, September 22, 2021 8:23 AM To: BelpedioJennifer Cc: GrantKimberley; NewmanJeffrey Subject: RE: RLS 21-GRC-01224 Directed Payment Program LOA - Non-Ad Valorem Special Assessment Attachments: AHCA Contact Information.pdf Good morning Jennifer, Please find attached AHCA contact information. Respectfully, Irene Takla Accountant Co Public Services Department Operations and Veteran Services Division Supporting operational excellence for all PSD divisions through transparency, accountability, and leadership. 3339 Tamiami Trail E Suite 212, Bldg H Naples, FL 34112 Office Phone:239-252-5505 Irene.Takla@colliercountyfl.gov How is our customer service? Please take our brief survey here. From:Taklalrene Sent: Wednesday, September 22, 2021 8:05 AM To: BelpedioJennifer<Jennifer.Belpedio@colliercountyfl.gov> Cc: GrantKimberley<Kimberley.Grant@colliercountyfl.gov>; NewmanJeffrey<Jeffrey.Newman@colliercountyfl.gov> Subject: RE: RLS 21-GRC-01224 Directed Payment Program LOA- Non-Ad Valorem Special Assessment Good morning Jennifer, I Ns TR V crio S Please find attached the Routing slip requested. Please let me know if it looks good or anything needs to be changed. We will need two (2) original documents from the "Directed Payment Program Letter of Agreement" and one (1) original document from "Resolution". Can we get the executed version on 9/28 to email it to AHCA in order to meet our deadline with them? I have attached the communication with AHCA and they mention that it should work with them. Please let me know if you have any issues or concerns. 1 60 3 BelpedioJennifer From: Wallace, Thomas J. <Thomas.Wallace@ahca.myflorida.com> Sent: Tuesday, September 21, 2021 3:32 PM To: Taklalrene;jeffrey.mistich@ahca.myflorida.com Cc: Colleen Ernst Subject: RE: Directed Payment Program Letter of Agreement EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Irene, I think this should work as long as the LOA is executed on your end. Below is our physical address. BUREAU OF MEDICAID PROGRAM FINANCE 2727 MAHAN DR. Bldg 3 Mailstop#23 TALLAHASSEE, FL. 32308 Thanks, Tom From:Taklalrene <Irene.Takla@colliercountyfl.gov> Sent:Tuesday, September 21, 2021 3:10 PM To:jeffrey.mistich@ahca.myflorida.com Cc: Colleen Ernst<colleen@ahcv.com>; Wallace, Thomas J. <Thomas.Wallace@ahca.myflorida.com> Subject: Directed Payment Program Letter of Agreement Good afternoon Jeffrey, Since the DPP LOA has to be at AHCA by 10/1, can Collier County email you an executed version of the "Directed Payment Program Letter of Agreement" till we send the executed LOA by mail? We will have the approved LOA on 9/28 and I just want to make sure that the deadline is met. Please let me know if you have any concerns. Thank you Respectfully, Irene Takla Accountant Co Ter County Public Services Debar tr r rent Operations and Veteran Services Division Suppor►ing operational excellence for all PSD divisions through transparency, accountability, and leadership. 3339 Tamiami Trail E Suite 212, Bldg H 1 1 60 3 cad erg eD CD fD A n n CD rA 00 J CD P C o fl: V I n � P C) • C' cD O CD CD '71 0 • 00 160 3 Directed Payment Program Letter of Agreement THIS LETTER OF AGREEMENT(LOA) is made and entered into in duplicate on the day of 2021, by and between Collier County LPPF on behalf of Region 8, and the State of Florida, Agency for Health Care Administration (the"Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (IGTs)" means transfers of funds from a non-Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government)to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. §§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Directed Payment Program (DPP)," pursuant to the General Appropriation Act, Laws of Florida 2021-111, is the program that provides direct supplemental payments to eligible public and private entities that provide inpatient and outpatient services to Medicaid managed care recipients. A. GENERAL PROVISIONS 1. Per Senate Bill 2500, the General Appropriations Act of State Fiscal Year 2021-2022, passed by the 2021 Florida Legislature, the Collier County LPPF and the Agency agree that the Collier County LPPF will remit IGT funds to the Agency in an amount not to exceed the total of$6,687,755. The Collier County LPPF and the Agency have agreed that these IGT funds will only be used for the DPP program. 2. The Collier County LPPF will return the signed LOA to the Agency. 3. The Collier County LPPF will pay IGT funds to the Agency in an amount not to exceed the total of$6,687,755. The Collier County LPPF will transfer payments to the Agency in the following manner: a. Per Florida Statute 409.908, annual payments for the months of July 2021 through June 2022 are due to the Agency no later than October 31, 2021 unless an alternative plan is specifically approved by the agency. b. The Agency will bill the Collier County LPPF when payment is due. 4. The Collier County LPPF and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS i. Collier County LPPF agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this LOA in Collier County LPPF_Region 8_DPP LOA_SFY 2021-22 Q 160 3 accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. Collier County LPPF agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. Collier County LPPF agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS i. The Collier County LPPF agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media)pertinent to performance under this LOA for a period of six(6)years after termination of this LOA,or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING i. Collier County LPPF agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the Collier County LPPF which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS i. The Collier County LPPF agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon written agreement signed by both parties. The Collier County LPPF and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. Collier County LPPF confirms that there are no pre-arranged agreements(contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re- direct any portion of these aforementioned supplemental payments in order to satisfy non- Medicaid, non-uninsured, and non-underinsured activities. Collier County LPPF Region 8_DPP LOA_SFY 2021-22 160 3 7. Collier County LPPF agrees the following provision shall be included in any agreements between Collier County LPPF and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 8. This LOA covers the period of July 1, 2021 through June 30, 2022 and shall be terminated June 30, 2022. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. _ PP Local Intergovernmental Transfers - -� Pro ram!Amount State Fiscal Year 2021-2022 Year One DPP IGTs Total Fundin — $6,687,755�— — — — — — —�—— $6,687,755 IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. Collier County PF STATE OF FLORIDA,AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED BY: 4?_ SIGNED r BY: NAME: Jr ''� '- 1111 )A NIU Z _ NAME: �Qm � � 1 In n,• TITLE: C� }� 1Z TITLE: i • f0 V ee6 J DATE: g 2�8 ,a DATE: p t 202. ' n ATTEST CRUSTAL K.KIN 1„cLERK Approved as to form and legality BY; 8i1t104->:t):UQ.A Attest as to.C*rrna-n ii � - - signfure on(y,.. Assistant County qtt () oo\ Collier County LPPF_Region 8_DPP LOA_SFY 2021-22 Crystal K. Kinzel 1 6 D 3 .�c`�c�,T covRT�� Collier County Clerk of the Circuit Court and Comptroller � r 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 COUNT'?. '0 September 29, 2021 Agency for Health Care Administration Directed Payment Program Letter of Agreement Attn: Jeffrey Mistich 2727 Mahan Drive Building 3, Mail Stop #23 Tallahassee, FL 32308 Re: Directed Payment Program Letter of Agreement and Certified Resolution Transmitted herewith are one (1) scanned original agreement w/one (1) certified resolution of the above referenced document, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, September 28, 2021, during Regular Session. Once fully executed please forward a copy to the Board's Minutes and Records Department for the Boards Records to out e-mail: minutesandrecords(&,collierclerk.com. Very truly yours, CRYSTAL K. KINZEL, CLERK Martha Vergara, Deputy Cl rk Phone-(239)252-2646 Fax-(239) 252-2755 Website-www.CollierClerk.com Email-CollierClerk@collierclerk.com Crystal K. Kinzel 1 6 Q 3 �C`sC') U ) Collier County O o� Clerk of the Circuit Court and Comptroller 0 3315 Tamiami Trail East, Suite 102 Naples, Florida 34112-5324 o 4F 0 R COUNT( September 29, 2021 Agency for Health Care Administration Directed Payment Program Letter of Agreement Attn: Thomas Wallace 2727 Mahan Drive Building 3, Mail Stop #23 Tallahassee, FL 32308 Re: Directed Payment Program Letter of Agreement and Certified Resolution Transmitted herewith are one (1) scanned original agreement w/one (1) certified resolution of the above referenced document, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, September 28, 2021, during Regular Session. Once fully executed please forward a copy to the Board's Minutes and Records Department for the Boards Records to out e-mail: minutesandrecords(a,collierclerk.com. Very truly yours, CRYSTAL K. KINZEL, CLERK Martha Vergara, Deputy Cle k �J Phone-(239) 252-2646 Fax-(239)252-2755 Website-www.CollierClerk.com Email-CollierClerkPcollierclerk.com 1 60 3 RESOLUTION NO. 2021 — 197 AN ASSESSMENT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING AND ADOPTING A NON-AD VALOREM SPECIAL ASSESSMENT WITHIN THE COUNTY LIMITS FOR THE PURPOSE OF BENEFITING ASSESSED PROPERTIES THROUGH ENHANCED MEDICAID PAYMENTS FOR LOCAL SERVICES; FINDING AND DETERMINING THAT CERTAIN REAL PROPERTY IS SPECIALLY BENEFITED BY THE ASSESSMENT; COLLECTING THE ASSESSMENT AGAINST THE REAL PROPERTY; ESTABLISHING A PUBLIC HEARING TO CONSIDER IMPOSITION OF THE PROPOSED ASSESSMENT AND THE METHOD OF ITS COLLECTION; AUTHORIZING AND DIRECTING THE PUBLICATION OF NOTICES IN CONNECTION THEREWITH; PROVIDING FOR CERTAIN OTHER AUTHORIZATIONS AND DELEGATIONS OF AUTHORITY AS NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, hospitals in Collier County's jurisdiction (the "Hospitals") annually provide millions of dollars of uncompensated care to uninsured persons and those who qualify for Medicaid because Medicaid, on average, covers only 60% of the costs of the health care services actually provided by Hospitals to Medicaid-eligible persons, leaving hospitals with significant uncompensated costs; and WHEREAS, the State of Florida (the "State") received federal authority to establish the Statewide Medicaid Managed Care Hospital directed payment program (the "DPP") to offset hospitals' uncompensated Medicaid costs and improve quality of care provided to Florida's Medicaid population; and WHEREAS, Hospitals have asked Collier County (the "County") to impose a non-ad valorem special assessment upon certain real property interests held by the Hospitals to help finance the non-federal share of the State's Medicaid program; and WHEREAS, the only real properties interests that will be subject to the non-ad valorem assessments authorized herein are those belonging to the Hospitals; and WHEREAS,the County recognizes that one or more of the Hospitals within the County's boundaries may be located upon real property leased from governmental entities and that such Hospitals may be assessed because courts do not make distinctions on the application of special assessments based on"property interests"but rather on the distinction of the classifications of real property being assessed; and WHEREAS,the funding raised by the County assessment will, through intergovernmental transfers ("IGTs") provided consistent with federal guidelines, support additional funding for Medicaid payments to Hospitals; and 0,90 1 60 WHEREAS, the County acknowledges that the Hospital properties assessed will benefit directly and especially from the assessment as a result of the above-described additional funding provided to said Hospitals; and WHEREAS, the County has determined that a logical relationship exists between the services provided by the Hospitals,which will be supported by the assessment, and the special and particular benefit to the real property of the Hospitals; and WHEREAS, the County has an interest in promoting access to health care for its low- income and uninsured residents; and WHEREAS, leveraging additional federal support through the above-described IGTs to fund Medicaid payments to the Hospitals for health care services directly and specifically benefits the Hospitals' property interests and supports their continued ability to provide those services; and WHEREAS, imposing an assessment limited to Hospital properties to help fund the provision of these services and the achievement of certain quality standards by the Hospitals to residents of the County is a valid public purpose that benefits the health, safety,and welfare of the citizens of the County; and WHEREAS, the assessment ensures the financial stability and viability of the Hospitals providing such services; and WHEREAS, the Hospitals are important contributors to the County's economy, and the financial benefit to these Hospitals directly and specifically supports their mission, as well as their ability to grow, expand, and maintain their facilities in concert with the population growth in the jurisdiction of the County; and WHEREAS, the Board finds the assessment will enhance the Hospitals' ability to grow, expand, maintain, improve, and increase the value of their Collier County properties and facilities under all present circumstances and those of the foreseeable future; and WHEREAS, the County is proposing a properly apportioned assessment by which all Hospitals will be assessed at a uniform rate that is compliant with 42 C.F.R. § 433.68(d); and WHEREAS, on June 22, 2021. the Board of County Commissioners adopted Ordinance 2001-23,enabling the County to levy a uniform non-ad valorem special assessment,which is fairly and reasonably apportioned among the Hospitals' property interests within the County's jurisdictional limits, to establish and maintain a system of funding for IGTs to support the non- federal share of Medicaid payments. thus directly and specially benefitting Hospital properties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Definitions. As used in this Resolution, the following capitalized terms, not cA0 16Dr 3 otherwise defined herein or in the Ordinance, shall have the meanings below, unless the context otherwise requires. Assessed Property means the real property in the County to which an Institutional Health Care Provider holds a right of possession and right of use through an ownership or leasehold interest, thus making the property subject to the Assessment. Assessment means a non-ad valorem special assessment imposed by the County on Assessed Property to fund the non-federal share of Medicaid and Medicaid managed care payments that will benefit hospitals providing Local Services in the County. Assessment Coordinator means the person appointed to administer the Assessment imposed pursuant to this Article, or such person's designee. Board means the Board of County Commissioners of Collier County, Florida. Comptroller means the Collier County Comptroller, ex officio Clerk to the Board, or other such person as may be duly authorized to act on such person's behalf. County means Collier County, Florida. Fiscal Year means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. Institutional Health Care Provider means a private for-profit or not-for-profit hospital that provides inpatient hospital services. Local Services means the provision of health care services to Medicaid, indigent, and uninsured members of the Collier County community. Non-Ad Valorem Assessment Roll means the special assessment roll prepared by the County. Ordinance means the Collier County Local Provider Participation Fund Ordinance No. 20021-23. Tax Collector means the Collier County Tax Collector. Section 2. Authority. Pursuant to the Constitution of the State of Florida, Chapter 125 of the Florida Statutes, and the Collier County Local Provider Participation Fund Ordinance, the Board is hereby authorized to impose a special assessment against private for-profit and not-for- profit hospitals located within the County to fund the non-federal share of Medicaid payments associated with Local Services. Section 3. Special Assessment. The non-ad valorem special assessment discussed herein shall be imposed, levied, collected, and enforced against Assessed Properties located within 3 �Q 1 60 3 the County. Proceeds from the Assessment shall be used to benefit Assessed Properties through a directed payment program that will benefit the Assessed Properties for Local Services. When imposed, the Assessment shall constitute a lien upon the Assessed Properties owned by Hospitals and/or a lien upon improvements on the Property made by Hospital leaseholders equal in rank and dignity with the liens of all state, county, district, or municipal taxes and other non-ad valorem assessments. Payments made by Assessed Properties may not be passed along to patients of the Assessed Property as a surcharge or as any other form of additional patient charge. Failure to pay may cause foreclosure proceedings, which could result in loss of title, to commence. Section 4. Assessment Scope, Basis,and Use. Funds generated from the Assessment shall be used only to: 1. Provide to the Florida Agency for Health Care Administration the non-federal share for Medicaid managed care hospital directed payments to be made directly or indirectly in support of hospitals serving Medicaid beneficiaries: and 2. Reimburse the County for administrative costs associated with the implementation of the Assessment authorized by the Ordinance. If,at the end of the Fiscal Year, additional amounts remain in the local provider participation fund, the Board is hereby authorized either(a)to refund to Assessed Properties,in proportion to amounts paid in during the Fiscal Year, all or a portion of the unutilized local provider participation fund, or(b)if requested to do so by the Assessed Properties,to retain such amounts in the fund to transfer to the Agency in the next fiscal year for use as the non-federal share of Medicaid hospital payments. If, after the Assessment funds are transferred to the Agency, the Agency returns some or all of the transferred funding to the County (including. but not limited to, a return of the non-federal share after a disallowance of matching federal funds), the Board is hereby authorized to refund to Assessed Properties, in proportion to amounts paid in during the Fiscal Year, the amount of such returned funds. Section 5. Computation of Assessment. The Assessment shall equal 1.11% of net patient revenue for each Assessed Property specified in the attached Non-Ad Valorem Assessment Roll.The amount of the Assessment required of each Assessed Property may not exceed an amount that, when added to the amount of other hospital assessments levied by the state or local government, exceeds the maximum percent of the aggregate net patient revenue of all Assessed Hospitals in the County permitted by 42 C.F.R. § 433.68(f)(3)(i)(A). Assessments for each Assessed Property will be derived from data contained in cost reports and/or in the Florida Hospital Uniform Reporting System, as available from the Florida Agency for Health Care Administration. Section 6. Timing and Method of Collection. The amount of the assessment is to be collected pursuant to the Alternative Method outlined in §197.3631, Fla. Stat. ,y 4 0 1 69 3 The County shall provide Assessment bills by first class mail to the owner of each affected Hospital. The bill or accompanying explanatory material shall include: (1) a reference to this Resolution, (2) the total amount of the hospital's Assessment for the appropriate period, (3) the location at which payment will be accepted, (4) the date on which the Assessment is due, and (5) a statement that the Assessment constitutes a lien against assessed property and/or improvements equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non-ad valorem assessments. No act of error or omission on the part of the Comptroller, Property Appraiser, Tax Collector, Assessment Coordinator, Board, or their deputies or employees shall operate to release or discharge any obligation for payment of the Assessment imposed by the Board under the Ordinance and this resolution. Section 7. Public Hearing. As required by §197.3631, Fla. Stat. the Board has heard and considered objections of all interested persons prior to rendering a decision on the Assessment and attached Non-Ad Valorem Assessment Roll. Section 8. Responsibility for Enforcement. The County and its agent, if any, shall maintain the duty to enforce the prompt collection of the Assessment by the means provided herein. The duties related to collection of assessments may be enforced at the suit of any holder of obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. Section 9. Severability. If any clause, section, or provision of this resolution is declared unconstitutional or invalid for any reason or cause, the remaining portion hereof shall be in full force and effect and shall be valid as if such invalid portion thereof had not been incorporated herein. Section 10. Effective Date. This Resolution to be effective immediately upon adoption. This Resolution duly adopted this 28th day of September. 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER 0 TV, FLORID By: 1 \ltialAke By: Attest as to CliwI UTY CL K PENNY TA OR, CHAIRPERSON sirnit;r l only. Approved as to form and legality: 11c I,Crystal K.Kmzel,Clerk of Courts-r.and-far,;oitier C:unty do hearby:.ertify..at!the a x. a strurn nt is a true a...;correct Jenni er A. Belpedio ♦ cop of.`Ierriglna fer n C-,'.Iter County,Flo.•a Assistant County Attorney \\� By. '� Deputy Clerk 5 'y0 1 6D 3 Directed Payment Program Letter of Agreement THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the a }k day of '2021, by and between Collier County LPPF on behalf of Region 8, and the State of Florida,� Agency for Health Care Administration (the "Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (IGTs)" means transfers of funds from a non-Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. §§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Directed Payment Program (DPP)," pursuant to the General Appropriation Act, Laws of Florida 2021-111, is the program that provides direct supplemental payments to eligible public and private entities that provide inpatient and outpatient services to Medicaid managed care recipients. A. GENERAL PROVISIONS 1. Per Senate Bill 2500, the General Appropriations Act of State Fiscal Year 2021-2022, passed by the 2021 Florida Legislature, the Collier County LPPF and the Agency agree that the Collier County LPPF will remit IGT funds to the Agency in an amount not to exceed the total of $6,687,755. The Collier County LPPF and the Agency have agreed that these IGT funds will only be used for the DPP program. 2. The Collier County LPPF will return the signed LOA to the Agency. 3. The Collier County LPPF will pay IGT funds to the Agency in an amount not to exceed the total of$6,687,755. The Collier County LPPF will transfer payments to the Agency in the following manner: a. Per Florida Statute 409.908, annual payments for the months of July 2021 through June 2022 are due to the Agency no later than October 31, 2021 unless an alternative plan is specifically approved by the agency. b. The Agency will bill the Collier County LPPF when payment is due. 4. The Collier County LPPF and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS i. Collier County LPPF agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this LOA in Collier County LPPF_Region 8_DPP LOA_SFY 2021-22 C 1 6D 3 accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. Collier County LPPF agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. Collier County LPPF agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS i. The Collier County LPPF agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING i. Collier County LPPF agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the Collier County LPPF which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS i. The Collier County LPPF agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon written agreement signed by both parties. The Collier County LPPF and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. Collier County LPPF confirms that there are no pre-arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re- direct any portion of these aforementioned supplemental payments in order to satisfy non- Medicaid, non-uninsured, and non-underinsured activities. Collier County LPPF_Region 8_DPP LOA_SFY 2021-22 0 1 60 3 7. Collier County LPPF agrees the following provision shall be included in any agreements between Collier County LPPF and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 8. This LOA covers the period of July 1, 2021 through June 30, 2022 and shall be terminated June 30, 2022. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. DPP Local Intergovernmental Transfers Program /Amount State Fiscal Year 2021-2022 Year One DPP IGTs Total Funding $6,687,755 $6,687,755 IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. Collier County PF STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED BY: SIGNED BY: NAME: •Pz rV Ny T' y Ly NAME: TITLE: C%A ' TITLE: DATE: DATE: ATTEST • . CRYSTAL K.MN L;CLERK Approved as to form and legality B ; Attest as to. ad an signature cry:. Assistant County Att a\` Collier County LPPF_Region 8_DPP LOA_SFY 2021-22 9 0