Item C09BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2012 Division: Social Services
Bulk Item: Yes XX No — Staff Contact Person: Sheryl Opham
AGENDA ITEM WORDING: Ratification of Payment Plan Agreement with the Agency for Heath
Care Administration pursuant to the settlement in the Florida Association of Counties, et. al., v. tie
Florida Department of Revenue and the State of Florida Agency for Health Care Administration
(Medicaid billing) lawsuit.
ITEM BACKGROUND: Monroe County joined 56 other Counties and the Florida Association of
Counties (FAC) in filing a lawsuit challenging the enactment of HB 5301 A settlement was proposgd
in the lawsuit and at the September 21, 2012 regularly scheduled meeting the board approved entering
into a settlement with AHCA. The settlement calls for the County to pay $1,635,829.41 in settlement
of the suit and has provisions for a number of different payment submission options. It also requires
that the County enter- Imo a Payment Plan Agreement with AHCA outlining the term under- which the
County would pay the settlement. Prior to entering in to the settlement, in anticipation of the lawsot
the County had budgeted approximately $1.9 million to settle the lawsuit, therefore, rather than cre�e
an additional administrative burden by paying the settlement in installments County staff
recommended, and the Deputy County Administrator approved, a Payment Plan Aunt paying the
settlement in one lump sum. The Payment Plan Agreement and the lump sum payment had to be
received by AHCA by October 5, 2012. Staff is now requesting ratification of the Payment P14n`
Agreement
PREVIOUS RELEVANT BOCC ACTION:
Approved joining lawsuit at the April 2012 regularly scheduled BOCC meeting.
County Administrator authorized to -execute documents at 9/10/I2 BOCC meeting.
Approved settlement in the lawsuit at the September 21, 2012 regularly scheduled BOCC meeting, for
$1,635,829.41.
CONTRACT/AGREEMENT CHANGES
N/A
STAFF RECOMMENDATIONS
Approval
TOTAL COST: $1,635,829.41 BUDGETED: Yes XX No
COST TO COUNTY: $1,635,SN.41 SOURCE OF FUND: 001-61502-5303<11
REVENUE PRODUCING: Yes No X AM1DUNT PER MONTH N/A
APPROVED BY: County Atty '�OJPurc Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION: AGENDA ITEM #
MO OE COUNTY BOARD OF COUNTY COMMISSIONERS
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Contract'+`Graham4510. Social#•
(Name) (Department/Stop #)
Total Dollar Value of Contract: $ 11635,S 2q . 4 1 Current Year Portion: $ I/ (p,35, 92cl
ADDITIONAL i
Estfm4fcif •! •Costs;
! a a a a a! as a, y a
CONTRACT REVIEW
Changes Date Out
7eDNeeded eview r
Division Director Yen NO t
RiskManagement 0 ` ( es0 No
O.M.B.1P , q ing LO • YesFj Noa 4 ,
County Attorney Yesn No 2
Comments:
STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION
Monroe County
Respondent,
STATE OF FLORIDA,
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Petitioner,
PAYMENT PLAN AGREEMENT
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION
("AHCA" or "the Agency"), and Monroe County, ("the COUNTY"), by and through the
undersigned, hereby stipulate and agree as follows:
1. This Agreement is entered into for the purpose of memorializing the payment
arrangement for the amount certified to the COUNTY on August 1, 2012 minus any payments or
adjustments.
2. The COUNTY has accepted the terms outlined in the Stipulation Providing For
Dismissal of Some Parties and Abatement of Case for Remaining Parties, as amended September
20, 2012 in Alachua County, Florida; et al. v. Dudek; et al., Case No. 2012-CA-1328 in the
Circuit Court for the Second Judicial Circuit in and for Leon County, Florida ("Stipulation").
The above -referenced Stipulation is attached as Exhibit I and incorporated by reference.
3. The Agency and -the COUNTY agree to the following:
(A) AHCA agrees to accept the payment arrangements set forth in the
payment plan agreement.
(B) The amount owed by the COUNTY is $1,635,829.41.
(C) The payment agreement is for one (1) payment of $1.635,829.41 due by
October 5, 2012.
4. Payment shall be made in the form of check, automated clearing house (ACH) or
wire transfer. ACH and wire transfer payments must be coordinated through the Agency's
Revenue Management Unit. If making payment by check, payment shall be sent to:
AGENCY FOR HEALTHCARE ADMINISTRATION
ATTN: Medicaid County Billing Retrospective
Finance and Accounting MS # 14
2727 Mahan Drive
Tallahassee, Florida 32308
5. AHCA reserves the right to enforce this Agreement under the laws of the State of
Florida and all other applicable rules and regulations.
6. The signatories to this Agreement, acting in a representative capacity, represent
that they are duly authorized to enter into this Agreement on behalf of the respective parties.
7. This Agreement shall be in full force and effect upon execution by the respective
parties in counterpart.
C, Dated: , 2012
e 1`f`6
Monroe County j Ac io 4*c�-tr
Dated:Y , 2012
Tanya d
Deputy Secretary for Operations
Agency for Health Care Administration
2