Broward County Commission Regular Meeting


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AI-27511 6.       
Meeting Date: 02/26/2019  
Director's Name: Kimm Campbell
Department: Human Services Division: Community Partnerships

Information
Requested Action
A. MOTION TO APPROVE Agreement between Broward County and South Broward Hospital District d/b/a Memorial Healthcare System retroactively from October 1, 2017 to September 30, 2019, with three one-year options to renew, for the purpose of setting reimbursement rates for arrestee medical services; authorizing Mayor and Clerk to execute same; authorizing the County Administrator to execute amendments to the Agreement, subject to approval of the same by the Office of the County Attorney; and authorizing the County Administrator to take all administrative and budgetary actions needed to implement the Agreement.

ACTION:  (T-10:41 AM)  Approved as amended with Yellow-Sheeted Additional Material, dated February 26, 2019, submitted at the request of the Human Services Department.

VOTE:  9-0.


B. MOTION TO APPROVE waivers of conflict under Section 112.313(7)(a), Florida Statutes for the following Broward County advisory board members holding an employment or contractual relationship with an entity receiving funds for the performance of arrestee billing under this agenda item:
  1. Antevy, Peter
  2. Kiffin, Chauniqua
  3. Moreno, Valery
  4. Quiles, Vanessa
  5. Starnes, David
ACTION:  (T-10:41 AM)  Approved. 

VOTE:  9-0.
Why Action is Necessary
A. Agreements with external agencies must be approved by the Board. In addition, Florida Statutes Chapter 901.36 requires the County to reimburse medical providers for the delivery of medical services to persons injured or ill at the time of arrest.

B. A waiver of conflict arising under Section 112.313(7)(a), Florida Statutes, requires two-thirds approval by the Board in accordance with Section 112.313(12), Florida Statutes.
What Action Accomplishes
Approval of Motion A establishes the reimbursement rates and thus provides a mechanism for compliance with Chapter 901.35, Florida Statutes, which obligates the County to reimburse medical providers for medical services to persons injured or ill at the time of arrest.

Approval of Motion B waives the existence of any conflict arising under Section 112.313(7)(a), as authorized under applicable law.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE HUMAN SERVICES DEPARTMENT AND THE COMMUNITY PARTNERSHIPS DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.

These actions support the Board’s Value of “Approaching human services collaboratively and compassionately, with special emphasis on the most vulnerable,” and the Goal to “Effectively advocate for and acquire municipal, state and federal financial support to equitably address health and human services needs of the entire community, through a truly coordinated system of care.” Board approval allows for individuals who are ill or injured during the time of arrest to receive medical care compensated by the County.  

Retroactive approval is requested due to protracted Contract Amendment negotiations relative to establishing new rates, which took an extended amount of time. This delay caused the original Agreement to expire, which resulted in a new Agreement being negotiated, that was finalized December 26, 2018. Although any hospital can provide medical care to arrestees, the two tax-assisted hospital districts provide medical services to the largest number of arrestees. Negotiated rates with the hospital districts result in significant cost savings to tax payers, versus paying reasonable and customary rates. 

On July 1, 2013, Agency for Healthcare Administration ("AHCA") implemented a new prospective payment system for Medicaid, categorizing inpatient hospital services by Diagnosis Related Groups (DRGs) and assigning payment rates based on average resources used to treat patients within those DRGs. Recognizing the administrative burden that would result from adopting AHCA's highly complex rate plan, the Human Services Department (HSD) negotiated standardized, simpler reimbursement formulas with each hospital district inclusive of a fixed daily rate for inpatient services and outpatient services. This Agreement authorizes and sets reimbursement rates for medical services provided by Memorial to persons ill or injured at the time of arrest at a daily rate of $2,332 for Inpatient Services and $614 for Outpatient Services (Exhibit 2).

No performance outcomes have been assigned as this is a billing Agreement.
 
The Agreement has been reviewed and approved as to form by the Office of the County Attorney. 

Section 112.313(7)(a), Florida Statutes, provides that "no public officer ... shall have or hold any employment or contractual relationship with any business entity ... which ... is ... doing business with  an agency of which he or she is an officer or employee." In accordance with Section 112.313(7)(a), Florida Statutes, Board approval is required to waive any conflict of interest arising under Section 112.313(7)(a), Florida Statutes. An effective waiver requires two-thirds vote of the County Commission after disclosure of the conflicting relationship (Motion B) in accordance with Section 112.313(12), Florida Statutes. Forms 4A, Disclosure of Business Transaction, Relationship or Interest, are attached hereto as Exhibit 3 and constitute full disclosure of any existing conflicts.
Source of Additional Information
Darrell Cunningham, Director, Community Partnerships Division, (954) 357-6398
William E. Green, Human Services Administrator, Health Care Services Section, (954) 357-5398

Fiscal Impact
Fiscal Impact/Cost Summary:
The amount of $2,775,000 was allocated in the Human Services Department's adopted Fiscal Year 2018 and 2019 Budget for reimbursements for arrestee medical services to Memorial as well as the other tax-assisted hospital district and private hospitals. In Fiscal Year 2017, a total of $1,293,950 was expended for arrestee medical services, of which $164,526 was paid to Memorial. 
Attachments
Exhibit 1 - Memorial Arrestee Billing Agreement Summary Form
Exhibit 2 - Memorial Arrestee Billing Agreement
Exhibit 3 - Memorial Conflict of Waiver Forms
Additional Material - Information


    

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