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Item C33 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Seotember 17.-2003 Division: Mana!!ement Services Bulk Item: Yes ----X- No Department: Grouo Insurance AGENDA ITEM WORDING: Aooroval of contract renewal with Acordia National for Third Party Administration Services effective October 1. 2003 throu!!h Seotember 30. 2004. ITEM BACKGROUND: Current contract effective October 1. 2002 throu!!h Seotember 30. 2003 with renewals for FY 03-04 & FY 04-05. The County is currentlv oreoarin!! RFP's for a fullv- insured and self-insured oro!!ram. If uoon comoletion of the RFP the County desires to terminate the current Acordia National contract a (30) day written notice must be !!iven. PREVIOUS RELEVANT BOCC ACTION: BOCC directed that RFP be done March 2001 and aooroved Acordia National as claims administrator Januarv 2002. CONTRACT/AGREEMENT CHANGES: This is the first-year renewal of the contract with no chan!!es. STAFF RECOMMENDATIONS: Aooroval TOTAL COST: $256.000.00 BUDGETED: Yes--X- No COST TO COUNTY: $256.000.00 SOURCE OF FUNDS: Primarily Ad Valorem REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~OMB/Purchasing ~.. Risk Management ~ DIVISION DIRECTOR APPROVAL: ,*112 0 ~ . Sheila A. Barker DOCUMENTATION: Included To Follow_ Not Required_ DISPOSITION: AGENDA ITEM r-:( ~ 7 Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Acordia National Effective Date:October 1. 2003 Expiration Date:Seotember 30. 2004 Contract Purpose/Description:Third Party Administration for the processing of our Group Insurance Program claims. Contract Manager:Maria Z. Fernandez (Name) 4448 (Ext. ) Administrative Services (Department) for BOCC meeting on Seotember 17 2003 Agenda Deadline: Seotember 2. 2003 CONTRACT COSTS Total Dollar Value of Contract: $256.000.00 Budgeted? Yes[g] No 0 Account Codes: Grant: $N/A County Match: $N/ A Current Year Portion: $_ 502-08002-530310-_-_ - - - - ----- - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: _ (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed /' Division Director YesO NoO(, Risk Management ~J YesO Noff O.M.B./Purchasing lj~;j~;?)YesD No~ County Attorney if ,-IJ3 Y esO No~ Comments:_ OMB Form Revised 9/11/95 MCP #2 Date Out 9)8/0;1 f/r/o ) ~D3 #3 RENEWAL AGREEMENT This renewal agreement is entered into by and between Board of County Commissioners of Monroe County, Florida; 1100 Simonton Street, Room 2-268; Key West, Florida 33040 (hereafter Employer) and Acordia National of 602 Virginia Street, East Charleston, WV 25301. WHEREAS, on October 1,2002, the Employer and Acordia National entered into an agreement (hereafter the original agreement) whereby Acordia National performs claim administration for the Employer's employee welfare benefit plan; and WHEREAS, the current contract will expire on September 30, 2003 and the Employer desires to extend the original agreement for another year, therefore, the parties agree as follows: I. This first one-year renewal term will commence immediately upon the expiration of the current contract. Therefore this renewal will become effective October 1,2003, and will expire September 30,2004. 2. In all other respects the terms and conditions of the original agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Renewal Agreement this , 2003. day of ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman ACORDIA NATIONAL By President ADMINISTRATIVE SERVICE AGREEMENT 1St- TIDS AGREEMENT, made and entered into the day of ~ ~ by and between Monroe County (hereinafter called "Employer") and ACORDIA NATIONAL of602 Virginia Street, East, Charleston, WV 25301, is hereinafter set forth: WITNESSETH WHEREAS, Employer has established an employee welfare benefit plan (hereinafter called "Plann) for the purpose of providing medical, dental, vision, utilization review, Consolidated Omnibus Budget Reconciliation Act of 1985 C.'COBRA"), Health Insurance Portability and Accountability Act of 1996 ("HIP AA"), and other benefits for its employees; WHEREAS, Employer desires to engage the services of Acordia National as agent for the Employer for the purpose of effecting claim administration under its Plan; and NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained, the parties hereto agree as follows: 1) 2) The effective date of the Employer's Plan shall be October 1. The Plan Year shall be from October 1 thru September 30 of each year. 3) 4) The Employer's Tax Identification Number is 596000749 For each Plan Year, the Employer shall provide monies sufficient to pay benefits under the Employer's Plan on a timely basis. "Timely" shall be defined as within thirty (30) days of Acordia National's notification, oral or written, that benefit claims have been processed for payment. In the event Employer shall fail to provide sufficient monies to fund its claims in a timely manner, a ten percent (10%) surcharge shall be added to the monthly administrative fee due Acordia National, which surcharge shall become chargeable beginning on the thirty-first (31 st) day after Acordia National's notification, as described herein. Employer acknowledges and agrees that Acordia National shall not have any financial duty or responsibility to release claim payments if Employer has not sufficiently funded the same. 5) Employer acknowledges and agrees that Acordia National shall not have any financial duty or responsibility to see that the Employer deposit meets the Employer's Plan requirements; however, Acordia National shall keep the Employer advised as to the amount of deposit needed to meet said requirements on a timely basis. Employer further acknowledges and agrees that Acordia National shall not be deemed a fiduciary for the Plan within the meaning of the Employee Retirement Income Security Act of 1974 ("ERISA"). Accordingly, the services to be performed by Acordia National hereunder shall be limited to the ministerial services set forth herein and the performance by AcordiaNational shall be subject in all respects to review by Employer within the framework of Plan provisions as well as polices, interpretations, rules, practices and procedures established by Employer. Acordia National shall not have any 2 Medical Claims Administration discretionary authority or control with regard to the management of Plan assets. To the extent permitted by law, Acordia National shall not incur any liability for any acts or for failure to act except for its own willful misconduct in administering the Plan. 6) The monthly capitation fee for administrative services will be: October 1. 2002 $10.19 PEPM* $ 1.80 PEPM* $ 0.41 PEPM* PERFORMED BY KPHA $ 0.40 PEPM* Dental Claims Administration Vision Claims Administration Pre-certification Administration HIP AA Administration · Per Employee, Per Month The above monthly capitation fee shall apply to renewal effective October 1, 2002, and will remain the same for renewals effective October 1,2003 and October 1, 2004. Payment of the fees established above is due from the Employer on or before the 10th day of each month, beginning on the 10th day of October, 2002. The fee quoted is a three (3) year guarantee effective October 1,2002. The cost of any additional services rendered by Acordia National on behalf of the Employer necessitated by a change in federal or state law will also be charged to the Employer in addition to the monthly fee. Employee counts for purposes of monthly administrative fee billing may not be reduced by more than 10% of the billed enrollment unless an explanation is provided. Administrative fee adjustments must be done monthly and cannot be adjusted 3 retroactively in excess of 90 days prior to the month invoiced. Acordia National reserves the right to withhold any fees due to the client if administrative fees are outstanding. Acordia National shall provide generic enrollment forms, claim forms and other administrative and plan forms. In the event Employer desires customized administrative and plan forms, Acordia National will direct the printing of same, however, the cost of such printing shall be paid solely by the Employer. 7) Acordia National shall provide the following services in connection with the administration of Employer's Planes): a) Provide assistance to enroll all eligible Employees (as defined in the Employer's Plan) in Employer's Plan, as agreed with Employer; b) Design and obtain other coordinating or supplemental types of insurance coverage, where necessary, as requested by Employer in writing; c) Assist and advise employer in revising Plan Document. Provide prototype Plan Documents and Identification Cards (ill Cards) for the Employer. Arrange for printing and preparation of such documents. The cost of the printing will be the responsibility of the Employer; d) Conduct information programs for all eligible Employees to fully explain the benefits available under the Employer's Plan, as requested by Employer; 4 e) Respond to telephone and mail inquiries from Plan participants regarding benefits available to them and their dependents. f) Provide information concerning Plan benefits and participants, based upon information provided by Employer; g) Review and analyze all claims and determine whether the charges of health care providers submitted are within reasonable payment guidelines and/or are related to diagnostic related groups, preferred provider organization agreements or other industry standards; Correspond with claimants, as necessary, to prove claims h) i) and to ascertain whether other coverage exists which might pay the claim in whole or part; Receive, review, and administer all claims for benefits under the Employer's Plan, including the evaluation of claims made; standard evaluation of the eligibility status of all claimants, coordination of and at least annual auditing of the Utilization Review and Case Management function, provide the County with results of Utilization Review audit, appropriate Coordination of Benefits evaluation of all claims, supply data to Health Recoveries, Inc. necessary for subrogation and other functions usual to the efficient and cost effective administration of claims; 5 j) Aid the employer in developing an efficient claims control pro gram; k) Provide information, on request, for the completion by the Employer of all necessary IRS and ERISA filings; 1) Provide Employer with a monthly report of claims paid; m) Do all things necessary to properly effect the responsibilities of a claims administrator under the Employer's Plan, provided that all such actions/non-actions not otherwise required by this Agreement shall first be approved by Employer. n) Provide assistance and resources to Monroe County in identifying, analyzing and maintaining the Employer's Plan in accordance with state and federal laws, industry standards, regulations and changes that affect the Plan; 0) Report all potential excess claims to the excess insurer, and provide Employer with monthly updates; p) Make documents available to the Employer and/or their Consultants for periodic audit of files for accuracy and efficiency ofAcordia National's claims administration, and; q) Process, authorize, and issue payment of all complete and eligible claims within twenty (20) days of receipt; r) Provide the County with adequate training and make available access to its on-line computerized claim system. 6 7 e) Process all claims for continuing beneficiaries under a segregated category and report, through regular monthly reporting series, claims experience of continuing beneficiaries (COBRA claims will be aggregated during the normal check processing cycle but reported separately at month's end); f) On an annual basis, at the beginning of Employer's Plan Year, provide rates to be charged continuing participants for coverage in the new Plan Year; g) Provide prototype language to be included in the Plan document to ensure compliance with COBRA legislation; h) , i Provide prototype language for inclusion in Employer's Summary Plan Description and coordinate, at Employer's option, the printing of new plan booklets at employer's expense; and i) Mail all correspondence to Plan participants or qualified beneficiaries directly to the last known address of the employee and/or dependent by first class mail. In consideration for receipt of these services from Acordia National, Employer agrees to: a) Notify Acordia National within thirty (30) days of qualifying events for which the Employer has knowledge. Qualifying events include: Termination of employment for any reason short of gross misconduct; and employee's reduction of work hours, the 8 Employer's filing for reorganization under Chapter XI of the Bankruptcy Code; an Employee's divorce or legal separation; death of an employee; an employee's child ceasing to be a dependent; and a beneficiary's entitlement to Medicare. lfthe Employer is not notified and does not have knowledge of a qualifying event, the employee has sixty (60) days from the qualifying event in which to notify Acordia National of the same to be eligible or the continuation of coverage option; and b) Notify Acordia National of any address chang~s or other pertinent information regarding employee participation in the Employer's Planes) to allow Acordia National to properly fulfill the requirements of COBRA legislation. It is acknowledged by employer that future legislation related to continuation of benefit coverage or other matters not currently required- by COBRA legislation and COBRA regulations on the date of this Agreement may necessitate an adjustment in the fee for COBRA administration. 9) In the event Employer does not desire COBRA administration services by Acordia National, but instead the development of COBRA rates applicable to its Plan, Acordia National shall provide the same upon terms, and for a fee, to be agreed upon between Employer and Acordia National. 10) Acordia shall provide the following services related to HIP AA administration for the Employer's Plan: 9 h) a) Provide for the Employer's review, proto~ 11) Subr to the plan document and SPD (Booklet) to addre1 a) requirements; b) Perform programming required to the Mul to track the applicable eligibility information and: coverage information on both a current and future b) c) Coordinate the receipt of all certificates of other proofof coverage, for all new employees ern benefit plan; 12) In th d) Perform the administrative requirements to of disputed claims, determination of pre-existing conditions and estab benefits shall be mE periods that would apply for all new employees an with provisions of] employees having pre-existing conditions; judgment in the abs e) Develop and distribute to all required partil 13) Tot] notifications and correspondence documenting pre shall name Acordia conditions; be conditioned upo: f) Issue certificates of coverage for all emplo~ shall in all respects dependents upon termination or upon request; Security Act of 197 g) Prepare and distribute standard reports doc! 14) Aco completed HIP AA activities; and all claims, damages on Employer in cor settlement or comp 10 12 National shall return all files of closed or pending claims covered by this Agreement to the Employer or their designee. 17) Employer agrees that during the term of this Agreement and for a period of three years after its termination it will not induce any employee of Acordia National to leave Acordia National's employment or directly or indirectly assist any other person or entity in requesting or inducing any such employee of Acordia National to leave such employment. 18) Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissio!lers. 19) Acordia National Warrants that it is not employed, retained or otherwise had acted in its behalf any former County officer subject to the prohibition in Sec 2 of Ordinance no 10-1990 or any County officer or employee in violation of Sec 3 Ordinance 10-1990 and that no employee or officer of the County had any interest, financially or otherwise, in Acordia National except for such interest, permissible by law and fully disclosed by affidavit attached hereto. For breach or violation of this paragraph, the County may, in its discretion, terminate this agreement without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, give or consideration paid to the former County officer or employee. 19) A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform 13 work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. 20) All notices hereunder shall be in writing and mailed by certified mail, return receipt requested. Notices to the Employer shall be at the address first above written and to Acordia National at 602 Virginia Street, East, Charleston, WV 25301, Attention: President, at such other addresses as the parties may from time to time designate in writing. 20) The Employer and Acordia National agree that this agreement shall be administered and construed according to the laws of the State of Florida. In the event that any matter of disagreement arises, it shall be decided by a court of competent jurisdiction with venue in Monroe County, Florida. 21) In the event this Agreement is terminated, the parties will have the option of agreeing to completion of claims administration services for claims existing at termination for a ninety (90) day period following termination of this Agreement upon terms negotiated between the parties. 22) This Agreement, together with the written proposal submitted by Acordia and the Plan constitute the entire Agreement between the Employer and Acordia National. 14 IN WITNESS WHEREOF, the Employer and Acordia National have caused this Agreement to be executed by their respective proper corporate officers, S,l- (l~ effective as of the / of , 2on;t ATTEST: ATTEST: COUNTY OF 1!OE By Mayor Charles 'Sonny" McCoy "> 'I;', Its . .. f\':i,::-~~:;;\ (s~Lr c::;-,.. ..~,..:- :>.~.- ACORDIANATIO~ . . By ~-# 7 Its C/!€,c ~/I~/CA//~ tJFRLG".A-- 15