Resolution 386-1997
Social Services Department
RESOLUTION NO. 386 -1997
A RESOLUTION URGING GOVERNOR LAWTON M. CHILES AND THE FLORIDA
LEGISLATURE TO REIMBURSE MONROE COUNTY FOR ITS PROPORTIONATE SHARE OF
FUNDS PAID TO THE STATE OF flORIDA FOR MEDICAID HOSPITAL AND NURSING
HOME BILLINGS PURSUANT TO THE SETTLEMENT AGREEMENT WITH THE AMERICAN
TOBACCO INDUSTRY IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN
AND FOR PALM BEACH, FLORIDA UNDER CIVIL ACTION NO. 95-1466AH
WH EREAS, in recognition of the financial burden on our citizens, Governor Lawton M. Chiles,
the State of Florida, and the Department of Business and Professional Regulation, the Agency for
Health Care Administration, and the Department of Legal Affairs filed an action to recover all money
paid for medical assistance to Medicaid recipients as a result of diseases or injuries caused by the
foreseeable and intended use of tobacco products and cigarettes; and
WHEREAS, for many years, the State has incurred expenses associated with the provision of
necessary assistance under the Medicaid programs to Medicaid recipients numbering in the
thousands who suffer, or who have suffered, from tobacco-related injures, diseases or sickness; and
WHEREAS, the Civil Action was brought pursuant to statute to obtain reimbursement of the
State for the expenditures made to provide medical assistance to Medicaid recipients as a result of
the actions of the tobacco companies; and
WHEREAS, on August 26, 1997, the tobacco industry agreed to pay billions of dollars over the
next twenty-five years to the State of Florida as a result of this action; and
WHEREAS, this Board believes Governor Chiles and the State Departments, who_I.~ad~he
foresight to file a lawsuit to force the cigarette manufacturers to pay for the healfh care ~disis their
products have caused, should be commended; and
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WHEREAS, only a minority of states in the Union have requirements for local participation in
Medicaid funding; and
WHEREAS, the two tiers of government participation greatly increase the need for personnel
to process the intercommunication, billing, and even litigation and administrative hearings; and
WHEREAS, pursuant to Section 409.915, Florida Statutes, each county has participated in the
funding of Medicaid for thirty-five percent of the expenses for the thirteenth through the forty-fifth
day of hospitalization and Fifty-five and no/lOO Dollars per month for nursing home and intermediate
facilities care for services rendered to their residents; and
WHEREAS, Monroe County expends for Hospital and Nursing Home billings for each Fiscal Year
approximately Six Hundred Thousand Dollars; and
WHEREAS, at least two counties have litigated with the State over Medicaid payments; and
WHEREAS. Governor Chiles has expressed an intent to reduce red tape and duplicative
process in government; now. therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1.
The Board commends Governor Lawton M. Chiles and the State Departments
who had the foresight to file a lawsuit to force the cigarette manufacturers to pay for the health
care crisis their products have caused.
Section 2.
This Board urges Governor Chiles and the Florida Legislature to reimburse
Monroe County for its proportionate share of funds paid to the State of Florida for Medicaid hospital
and nursing home billings pursuant to the settlement with the tobacco industry.
Section 3.
This Board urges the State to eliminate the need for duplicative government
programs and offices. as well as reduce litigation and administrative hearings, by revising the law to
provide for sole operation and funding of the Medicaid program by the State.
Section 4.
The Clerk is hereby directed to send a copy of this Resolution to Governor
Lawton M. Chiles and the Florida Legislature.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a
regular meeting of said Board held on the 15th day of October, 1997.
Mayor Douglass
Commissioner Freeman
Commissioner Harvey
Commissioner London
Commissioner Reich
ves
yes
ves
yes
yes
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By #.LttA)~~ AS TO FORM
A GAL SUFFI Y.
By
2
DATE