Loading...
06/24/2024 Agreement COURT \ A% Kevin Madok, C r Clerk� th Circuit it it� . . .. '— . .. ofe C cu Court&ComptrollerMonroe County, Florida DATE: July 25, 2024 TO: Cheri Tainborski EmergencyServices . mergency Mayor Bruce Halle Fire&Ambulance District 1 Board of Governors FROM: Liz Yongue, Deputy Clerk SUBJECT: July 17, 2024 BOCC Meeting The following item has been executed and added to the record: C21/H 1 Ratification by the BOCC & BOG of an Employment Agreement with Leah Fennessey hired to fill a vacancy as:a Monroe County Fire Rescue.(MCFR) EMS Billing Specialist with an annual salary of$55,000, commencing on June 24, 2024 and expiring on June 23, 2026; and authorizing the County Administrator/Fire Chief to execute all necessary documents. Ratification by the BOCC & BOG is also being requested for execution of an Addendum to Employment Agreement with Sandy Roussin for an equity adjustment in annual salary from $52,000 to $57,000, commencing on July 14, 2024 and expiring on June 23,2026; and authorizing the County Administrator/Fire Chief to execute all necessary documents. Should you have any questions, please feel free to contact me at(305) 292-3 5 50. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 EMPLOYMENT AGREEMENT BETWEEN THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS; THE BOARD OF GOVERNORS OF MONROE COUNTY FIRE &AMBULANCE DISTRICT 1,AND SICONG "LEAH"FENNESSEY FOR THE POSITION OF EMS BILLING SPECIALIST THIS AGREEMENT is entered into upon the date last below written by and between Monroe County,Florida,acting through its Board of County Commissioners("BOCC"),a political subdivision of the State of Florida, whose main business address is 1100 Simonton Street, Key West, Florida 33040; the Board of Governors of Monroe County Fire & Ambulance District 1 (collectively "County") and Sicong"Leah"Fennessey ("Employee"). WHEREAS,the position of EMS Billing Specialist is currently open, and WHEREAS, the County has conducted an internal and external applicant search to fill the open position and has selected Sicong "Leah"Fennessey to fill the position; and WHEREAS, the parties desire to enter into a contract to become effective on June 24, 2024. NOW THEREFORE, in consideration of the mutual promises contained herein, the County and Employee set forth herein, it is mutually agreed as follows: 1. EMPLOYMENT: Employee is hereby employed as the EMS Billing Specialist as a Contract Employee as that term is defined in Section 2.03 of the Personnel Policies& Procedures Manual ("Manual"). 2. DUTIES: Duties of the Employee will be as set forth in the Job Description attached hereto as Exhibit A,the provisions of which are incorporated herein by reference. A. The Employee shall not disclose to any person, party, or entity any confidential, proprietary, time-sensitive, or non-public (including HIPAA) information relating to the County or its operations unless required by law to do so. Billing Specialist Employment Contract (Sicong"Leah"Fennessey) Page 1 of 9 B. Upon termination of this Agreement,the Employee agrees to immediately surrender all documents,information,property and assets to Monroe County Fire Rescue("MCFR"). C. At the discretion of the EMS Billing Supervisor, Employee may be required to be physically present at the EMS Billing Office located at 490 63rd Street, Marathon, FL 33050 for a minimum of forty(40)hours per week. 3. COMPENSATION AND BENEFITS: County and Employee agree that the position of EMS Billing Specialist will be a full-time position deemed non-exempt under the Fair Labor Standards Act. Work hours performed, annual leave,personal leave, and sick leave hours taken will be documented on a form or forms to be provided by the County,or by another method as designated by the County. A. Base Pay: In return for performance of the duties set forth in Exhibit A, including but not limited to specific duties set forth in Exhibit A,including but not limited to specific duties assigned by MCFR from time to time, Employee shall receive an annual salary in the amount of$55,000. B. Financial Incentive: In lieu of any annual merit or cost-of-living adjustment, the Employee will be eligible for a financial lump sum incentive based upon billing and collections performance. After the conclusion of each billing and collections performance review period, a comparison of EMS user fee revenue will be conducted to determine whether a supplemental lump-sum payment is warranted for increased revenue receipts„ not to exceed ten percent (10%) of base salary. C. Benefits: Except as otherwise set forth herein,the Employee shall also receive all benefits set forth in the Monroe County Personnel Policies & Procedures Manual ("Manual")as said Manual may be amended from time to time. D. Transportation and Business Related Travel: Employee agrees that she will be responsible for providing her own motor vehicle for transportation. MCFR agrees to budget and pay for the costs incurred by the Employee in attending approved seminar and continuing education courses as may be deemed necessary or appropriate to employee's duties and responsibilities under this Agreement and in accordance with County policy. Billing Specialist Employment Contract (Sicong"Leah" Fennessey) Page 2 of 9 i. Employee agrees to obtain EMS Ambulance Billing and Coding Certification within 12 months of the execution of this agreement and while employed by Monroe County as an EMS Billing Specialist and during the term of this Agreement. Tuition costs related to the certification are eligible for reimbursement by MCFR of the actual expenditure in accordance with Section 2.11 of the Monroe County Personnel Policies and Procedures Manual C"Manual"), including the condition that the Employee must reimburse the cost of tuition if Employee terminates from Monroe County within one (1)year of completion of the course. 4. SOLE EMPLOYMENT: The Employee agrees to abide by Section 1.03 OUTSIDE EMPLOYMENT as set forth in the Manual, and any updates thereto. 5. TERM OF AGREEMENT,TERMINATION; CANCELLATION; GENERAL RELEASE: A. Normal Term. The normal term of this Agreement will be a period of twenty-four (24) months commencing June 24, 2024 and terminating on June 23, 2026. B. Extension of Time. The parties may extend the term of Agreement by written addendum to this Agreement. C. Termination of Agreement: i. In entering into this Agreement, the Employee understands that she serves at the pleasure of MCFR; and that the Employee can be terminated at any time upon thirty (30)days written notice by MCFR without cause. ii. In entering into this Agreement, the Employee also understands that she can be terminated at any time upon 24 hours written notice by MCFR for cause. As used in this paragraph,the term "for cause" will mean (a)dishonesty with respect to the business and operation of the County; (b)confirmed violation of the County's drug policy; (c)refusal to cooperate in an investigation regarding any aspect of the business or operation of the County,including but not limited to an investigation which is conducted by or at the express direction of the Billing Specialist Employment Contract (Sicong"Leah" Fennessey) Page 3 of 9 BOCC; (d) conviction of a crime which is classified as a felony or a crime involving moral turpitude; (e) gross neglect or willful and intentional misconduct; (f) conviction of a crime; (g) violation of a provision of the Monroe County Code; or(h) breach of any material term or condition of this Agreement by the Employee. iii. The Employee further understands that in the event of termination, the Employee is free to apply to the County for any other position then currently open and the County is free to consider the Employee for any open position, but that County has no obligation to place the Employee in another position, and specifically has no obligation to place the Employee in a position of equivalent or comparable salary, grade, or benefits. In entering into this Agreement,the Employee therefore specifically waives the right to utilize the grievance procedure set forth in Sections 9 and 10 of the Manual; House Bill No. 2658, Chapter 69-1321, the Monroe County Career Service Council; as well as any rights to which a Monroe County employee would otherwise be entitled under Chapter 447, Florida Statutes. iv. Resignation. In the event the Employee resigns from the position prior to the normal expiration date of this Agreement,the Employee shall be entitled only to payment for salary through the effective date of the resignation and any v. accrued annual and sick leave in accordance the Monroe County Personnel Policies and Procedures. 6. ATTORNEY'S FEES AND COSTS: In the event of any litigation initiated by either party,the prevailing party shall receive reasonable attomeys'fees, costs of litigation, and related expenses, both at the trial and appellate levels. 7. GOVERNING LAW; ATTORNEY'S FEES AND COSTS; VENUE: This Agreement is made in the State of Florida and will be governed by Florida law. This Agreement may be signed in more than one counterpart, in which case each counterpart will constitute an original of this Agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular Billing Specialist Employment Contract (Sicong"Leah"Fennessey) Page 4 of 9 will include the plural,the plural will include the singular,and pronouns will be read as masculine, feminine, or neuter as the context requires. Monroe County, Florida will be the proper venue for any litigation involving this Agreement. This Agreement is not subject to arbitration. 8. OTHER TERMS AND CONDITIONS: A. Except as set forth herein,the Employee is subject to all terms and conditions set forth in the Monroe County Personnel Policies& Procedures Manual ("Manual") and Monroe County Fire Rescue Standard Operating Procedures as may be amended from time to time. To the extent there is a conflict between the terms of this Agreement and the Manual,the terms of this Agreement shall prevail. B. If any provision, term, or portion of this Agreement shall be held to be unconstitutional, illegal, invalid, or enforceable by a court of competent jurisdiction, the remaining terms, conditions, and portions shall remain in full force and effect as if originally agreed to without the term, condition, or portion that has been determined to be unconstitutional, illegal, invalid or unenforceable. C. The waiver by either the County or the Employee of a breach or violation of any term or provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach or violation by the other party. D. The County and Employee acknowledge that each has shared equally in the review of this Agreement and, accordingly, no court or administrative hearing officer shall construe any provision of this Agreement more strictly against one party over the other party, and every term, condition, covenant, and provision of this Agreement shall be construed simply according to its fair meaning. Employee further acknowledges that she or he has had the Agreement reviewed by an attorney or has been given the opportunity to do so and has waived that opportunity. E. This Agreement incorporates and supersedes all prior negotiations, correspondence, conversations, agreements, and/or understandings applicable to the matters contained herein. It is further agreed that there are no commitments,.. Billing Specialist Employment Contract (Sicong"Leah"Fennessey) Page 5 of 9 agreements, inducements, or understandings concerning the subject matter of this Agreement that are not contained herein, and no deviation from the terms hereof shall be predicated upon any prior representations, offers, promises, inducements, or agreements, whether oral or written, and by whomever made. F. The text herein constitutes the entire agreement between the Employee and the County, and this agreement cannot be amended except by a written document mutually agreed to and executed with the same formalities as this Agreement. The rights and obligations of this Agreement are personal to the Employee and cannot be assigned or transferred. 9. CONTRACTS; PUBLIC RECORDS-F.S.119.0701: A. For purposes of this section, the term: i. "Contractor"means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under s. 119.011(2). ii. "Public Agency"means a state,county, district, authority, or municipal officer,or department, division, board, bureau, commission, or other separate unit of government created or established by law. B. In addition to other contract requirements provided by law, each public agency contract for services must include a provision that requires the contractor to comply with public records laws, specifically: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract Billing Specialist Employment Contract (Sicong"Leah"Fennessey) Page 6 of 9 performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: i. Keep and maintain public records that would be required by the County to perform the service. ii. Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. iv. Upon completion of the contract, transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. if the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Billing Specialist Employment Contract (Sicong"Leah"Fennessey) Page 7 of 9 Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County,upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. V. A request to inspect or copy public records relating to a County contract must be made directly to the County,but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request,and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305)292-3470. Billing Specialist Employment Contract (Sicong"Leah"Fennessey) Page 8 of 9 • 11 ,/ ohillop,coureLE,,, . MONROE COUNTY -ATTORNEY'S OFFICE, 1111 12thKEY WEST, FL 33040. .a'ith4421, STREET, SUITE 408,IN WITNESS WHEREOF, the parties have set their hands and seals, in the County of Monroe, Florida this ji day of July, 2024. MONROE COUNTY FIRE RESCUE James K. Digitally signed by James K. Callahan Callahan Date:2024.06.25 09:48:11-0400' By: _ James K. Callahan, Fire Chief WITNESS: EMPLOYEE . if/ray By: By:L...._cinC-4 tefrtm."4,11) Sicon! "Leah"Fennesse ATTEST MONROE COUNTY BOARD OF Vl'IN-ilADOK,MONROE COUNTY COUNTY COMMISSIONERS or-itticv-A\ ll„ _74 e • • By: ,44 AscDeputy C1erk Mayor BOARD OF GOVERNORS OF FIRE ROE .•., Tropak.antkrEy AND AMBULANCE DISTRICT 1 OF Ratmel / MONROE COUNTY,FLORIDA ASSI NW ATTORNEY Date 6/21/24, By: -------"M—iy";r Chairperson ee "71 c) . rn (.1 . .13 . r1;1 ct) tan: • Billing Specialist Employment Contract (Sicong"Leah" Fennessey) s Page 9 of 9 I MONROE COUNTY ... ....... , FLORIDA Job Description To perform this job successfully, an individual must be able to perform the essential job functions satisfactorily. Reasonable accommodations may be made to enable individuals with disabilities to perform the primary job functions herein described. Since every duty associated with this position may not be described herein, employees may be required to perform duties not specifically spelled out in the job description, but which may be reasonably considered to be incidental in the performing of their duties just as though they were actually written out in this job description. Job Title: EMS Billing & Claims Specialist, Fire Rescue Department: Monroe County Fire Rescue Pay Grade: Contract FLSA Status: Non-exempt JOB SUMMARY The primary function of this position is to be responsible for report review, data entry, retrieval, and records maintenance of an air and ground EMS billing program; and for performing complex administrative work within the division of Emergency Services. ESSENTIAL JOB FUNCTIONS • Reviews ePCR reports to ensure complete and accurate patient demographic, trip, billing, and insurance information; refers incomplete or inaccurate records to EMS Quality Assurance. • Extensive knowledge of medical terminology, CPT, HCPCS, ICD 10, and CMS 1500 Revenue Codes, modifiers, billing, rules, and recommendations for government and commercial payers. • Verifies or assigns condition codes, modifiers, levels of service, and other relevant claim data. • Scans and attaches biomedical and supporting trip records to electronic patient care reports. EMS Billing&Claims Specialist,Fire Rescue Page 2 • Greets customers in person and by telephone, receives account payments, and assists customers as necessary in the completion of insurance forms, Air Resident (Trauma Star) waivers, and records requests. • Initiates pre-authorization for air ambulance transportation, if applicable for specific insurances. • Assists Billing and Claims Supervisor with collection actions, including contacting patients by phone and arranging payments. • Minimizes the number of aging accounts to maintain a consistent workflow by regularly following up on unpaid claims. • Processes and posts Medicare, Medicaid,Automated Clearing House (ACH) payments, wire transfers, checks, and credit cards payments on a daily basis. Reviews and processes refunds as needed. • Reviews and follows up on accounts before transferring to an outside collection agency that have reached collections timeframe for accuracy. • Processes Air Resident(Trauma Star) waivers. • Processes legal records requests for patient care reports and response records. • Performs monthly EMSTARS extract and data submission to Department of Health, State EMS Division to comply with mandatory pre-hospital reporting requirements. • Reviews, processes, and responds to correspondence accordingly. • Posts payments and denials accurately. • Maintains several spreadsheets for billing reconciliation. • Scans and maintains accurate day to day posting documents and correspondence in One Drive for audits and compliance purposes. • Maintains strictest confidentiality; adheres to all HIPAA guidelines/regulations and County/Department Policies and Procedures. • Needs to stay informed of regulatory changes with the ability to adapt and navigate the claim reimbursement and denials environment. • Possess strong written communication and grammar competencies to generate appeal letters that are specifically tailored to the patient's level of illness,the quality of service, reason for denial, and capacity against which prompted denial. • Processes RFPs, contracts, renewals, purchases, agenda items, special projects, and maintains records. • Participates in any meetings, phone conferences, or webinars that may be required to process rejections effectively, acquire information about the appeals process, adapt to the latest regulations and laws, or comprehend the terms of payer contracts. • Assists in budget preparation and monitoring expenses. • Performs other related job duties as assigned. • In the event of special, emergency, or disaster situations, employee may be required to work schedules other than those for which they are regularly scheduled in any capacity deemed appropriate. Monroe County,FL Fire Rescue Updated:01/16/2024 EMS Billing&Claims Specialist,Fire Rescue Page 3 QUALIFICATIONS Education and Experience: High school Diploma or GED required. 3 years minimum of prior related work experience preferred. Special Qualifications: Certified Ambulance Coder within one year of employment. Knowledge, Skills, and Abilities: • Ability to work from a general outline of duties and responsibilities. • Ability to perform entry-level professional work including basic data analysis and synthesis, report creation, process performance, and regulatory or compliance activities. • Ability to follow basic guidelines for operational activities. • Ability to work with less than ten coworkers who are mostly engaged in the same activities as me. PHYSICAL DEMANDS The work is sedentary and requires exerting up to 10 pounds of force occasionally and/or negligible amount of force frequently or constantly to lift, carry, push, pull or otherwise move objects, including the human body. Additionally, the following physical abilities are required: • Manual Dexterity: Picking, pinching, typing, or otherwise working, primarily with fingers rather than with the whole hand as in handling. • Mental Acuity:Ability to make rational decisions through sound logic and deductive processes. • Repetitive Motion:Substantial movements(motions) of the wrist, hands,and/or fingers. • Speaking: Expressing or exchanging ideas by means of the spoken word including the ability to convey detailed or important spoken instructions to other workers accurately and concisely. • Talking: Expressing or exchanging ideas by means of the spoken word including those activities in which they must convey detailed or important spoken instructions to other workers accurately, loudly, or quickly. • Visual Acuity: Have close visual acuity to perform an activity such as: preparing and analyzing data and figures; transcribing; viewing a computer terminal; and/or extensive reading. • Walking: Moving about on foot to accomplish tasks, particularly for long distances or moving from one work site to another. WORK ENVIRONMENT Work is performed in a dynamic environment that requires sensitivity and responsiveness to changes that include goals, priorities, and needs of the organization and position. Monroe County,FL Fire Rescue Updated:01/16/2024 EMS Billing&Claims Specialist,Fire Rescue Page 4 Monroe County has the right to revise this job description at any time. This description does not represent in any way a contract of employment. go Employee SI nature Date Digitally signed by James K. James K. Callahan'Callahan Da1e;2024.01.10 11,34 14 M?00' Supervisor or Director Signature Date )1240;tl2 Bryan Cook .1 "2021 1 5' ' Director of Employee Services Signature Date E.O.E. Monroe County does not discriminate on the basis of race, color, national origin, gender, religion, age, disability or military service in employment or the provision of services. Monroe County,FL Fire Rescue Updated:01/16/2024