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3rd Amendment 03/23/2016 A • AMY HEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER jMONROE CUUNTY,FLORIDA DATE: May 26, 2016 TO: Meri-de J Mercado, W/C Administrator pp FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller Vk At the March 23, 2016 Board of County Commissioner's meeting the Board granted approval and execution of Item C5 Approval to the Third Amendment of the contract with Employers Mutual, Inc. (Administrator), to amend the fee charged by the Administrator for medical bill re-pricing from $1.50 per line/$5.50 per bill to a flat rate of$3,500.00 to cover all re-reprising from January 1, 2016 through the end of the contract, September 30, 2016. Attached is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 THIRD AMENDMENT TO AGREEMENT FOR ADMINISTRATIVE SERVICES BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND EMPLOYERS MUTUAL INC. THIS THIRD AMENDMENT, made and entered into this 18th day of February 2016, by and between Board of County Commissioners of Monroe County ("County"), and Employers Mutual, Inc., 700 Central Parkway, Stuart, FL 34994, a Florida Corporation ("Administrator") (collectively,the"Parties"). WHEREAS, on September 16, 2009, the Parties entered in an agreement to engage the services of Administrator to provide claim administration for workers' compensation and liability claims; and WHEREAS,Attachment A to the 2009 Agreement stated that the Administrator's fee for "medical bill re-pricing" (to reduce the amounts stated on provider's bills to the maximum amounts allowed by statute)would be "$1.50 per line;"and WHEREAS, on June 12, 2012, the Parties entered into a First Amendment to the agreement, to extend the term of the original agreement to run from October 1, 2012 through September 30, 2015;and WHEREAS, Attachment A to the First Amendment modified the language on Attachment A by stating that the fee for medical bill re-pricing would be "$1.50 per line or $5.50 flat-rate per bill (flat-rate excludes hospital bills)"; and WHEREAS, on April 15, 2015,the Parties entered into a Second Amendment,to extend the agreement by one more year, through September 30, 2016; and WHEREAS, the language regarding the fee for medical bill re-pricing on Attachment A to the Second Amendment was unchanged from the Third Amendment; and WHEREAS, a question has now arisen between the Parties regarding the language on Attachment A describing the fee for medical bill re-pricing; and WHEREAS, the Parties mutually desire to clarify the agreement between them with regard to the fee to be charged by the Administrator throughout the balance of the contract term, from January 1, 2016 through September 30, 2016;and WHEREAS, in lieu of a per-line fee, the County has offered and the Administrator has agreed that Ascension will charge a flat fee for all medical bills that are re-priced by the Administrator during the remainder of the contract term. NOW THEREFORE, in consideration of the mutual promises and considerations, Parties agree to amend the Agreement as follows: 1 I) The language in the second bullet point on Attachment A to Second Amendment describing the fee to be charged by the Administrator for medical bill re-pricing is removed in its entirety and replaced with the following: The Parties agree that in lieu of a per-bill fee, the Administrator will charge a flat fee of three thousand five hundred dollars ($3,500.00) for any and all medical bill re-pricing performed by the Administrator, beginning on January I, 2016 and continuing through the expiration of the current term of the contract, as amended ("Flat Fee"). Beginning on April 1, 2016, the Administrator will no longer add a per-line or per-bill charge for repricing services. By no later than April 30, 2016, the Administrator will deliver to the County a statement showing all repricing charges charged by the Administrator and paid by the County from January 1, 2016 through March 30, 2016. On or before June 15, 2016, the County will then pay the Administrator an amount equal to the Flat Fee less the repricing charges paid by the County between January 1, 2016 and March 30, 2016 as shown on the statement. 2) In all other respects the terms and conditions of the original agreement remain in full force and effect. IN WITNESS WHEREOF, the County and Administrator have caused this amendment to Agreement to be executed as of the first date written above. EAVILIN, CLERK Board of County Commissioners of Monroe County iy � ns, ' OhelSGYJ By: 079if Clerk Mayo , flea er Carruthers Employers Mutual, Inc. re � By: u - w athan Page, Chief Financial and Operating Officer • 140 UO • N � N J� LL! r MONROE COUNTY ATTORNEY 4 r APFYF, C -0- A4S 1 r-tm'4 : NTHIA L. HALL u/tl ASSISTANT COUNTY ATTORNEY 2 Date 3 ' I - aalb 1 ATTACHMENT "A" MONROE COUNTY WORKERS'COMPENSATION THIRD PARTY CLAIMS ADMINISTRATION WORKERS' COMPENSATION PRICING Employers Mutual, Inc. (EMI) will perform the Third Party Claims Administration for Monroe County for the following fee schedule. EMI will have the workers' compensation claims allocated individually to a lost time and medical only adjuster. EMI will perform this for an annual fee of$70,918.00 This rate will be guaranteed for a period of one(l) year. The annual fee may be paid in twelve equal installments. All pricing is based on a life of contract service agreement In addition, to the above services Employers Mutual, Inc. will provide the following services at the stated rate per the request of the Monroe County Board of County Commissioners. • Medical Bill Re-pricing: 51.50 per line or 85.50 flat-rate per bill (flat-rate excludes hospital bills) • Network Access: 25% of savings • Telephonic Case Management: $85 per hour • Field Case Management: 595 per hour • Hospital Bill Audits: 25% of savings • Subrogation 10% of recovery (cap is negotiable) Allocated expenses (allocated to the claims files) include those paid to outside firms, such as contract adjusters, private investigators, surveillance, legal and court reporters. 3