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HomeMy WebLinkAbout23568AGREEMENT INFORMATION AGREEMENT NUMBER 23568 NAME/TYPE OF AGREEMENT UNITED HEALTHCARE DESCRIPTION LETTER OF AGREEMENT/MEDICAID SUPPLEMENTAL PAYMENTS FOR EMERGENCY TRANSPORTATION SERVICES/FILE ID: 6444/R-19-0512/MATTER ID: 21-500 EFFECTIVE DATE February 10, 2021 ATTESTED BY TODD B. HANNON ATTESTED DATE 3/3/2021 DATE RECEIVED FROM ISSUING DEPT. 8/20/2021 NOTE CITY OF MIAMI DOCUMENT ROUTING FORM 5cig ORIGINATING DEPARTMENT: Fire -Rescue DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "United Healthcare" IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? E YES X NO TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES X NO TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT PROFESSIONAL SERVICES AGREEMENT GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT OTHER: (PLEASE SPECIFY) Letter of Agreement between the City of Miami Department of Fire - Rescue and United Healthcare. PURPOSE OF ITEM (BRIEF SUMMARY): The City on behalf of the Dept. as a Government Owned Emergency Medical Services ("EMS") Provider has entered into LOA regarding Medicaid supplemental payments for emergency transportation services. COMMISSION APPROVAL DATE: 12/12/19 FILE ID: 7734 ENACTMENT NO.: R-19-0512 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION :' ° Date PLEASE PRINT AND SIGN APPROVAL BY DEPARTMENTAL DIRECTOR 3/01/21 PRINT: Ty McGann, AFC yy� SIGNATURE: —� (— SUBMITTED TO RISK MANAGEMENT 3/1/21 PRINT: ANN — MARK RPE SIGNATURE: / SUBMITTED TO CITY ATTORNEY (21-500 - GKW) PRINT: VICTORIA MENDEZ SIGNATURE: /s George K. Wysong, III APPROVAL BY ASSISTANT CITY MANAGER PRINT: SIGNATURE: RECEIVED BY CITY MANAGER PRINT- ORIEGA IGN 1) ONE.ORIGINAL—TO CITY CLERK, SIGNATURE: PRINT: SIGNATURE: PRINT' SIGNATURE: 2) ONE COPY TO CITY ATTORNEY'S OFFICE? 3) REMAINING ORIGINAL(S) TQORIGINATING DEPARTMENT PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER City of Miami Office of the City Attorney Legal Services Request To: Office of'the City Attorney Date: 3/1/2021 From: Maria T. Martinez Contact Person Administrative Assistant I Title Fire -Rescue Requesting Client 305-416-1672 Telephone Legal Service Requested: Please Review & Sign: "Letter of Agreement between the City Department of Fire -Rescue and Florida Healthcare." Please review and sign the aforementioned. For Legal Services requesting an opinion from the Office of the City Attorney: X Issue opinion in writing. El Publish opinion after issuance. Authorized by: Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Type: Matrix: Category: Copy returned to Requesting Client Copy to Ultimate Client rev. 04/14/2017 LETTER OF AGREEMENT This Letter of Agreement ("LOA") is made and entered into on the loth day of February , 2021 by and between the City of Miami, a municipal corporation of the State of Florida ("City"), whose principal address is 3500 Pan American Drive, Miami, Florida 33133, on behalf of its Depaitiuent of Fire -Rescue ("Department" and "Government Owned Emergency Medical Service (EMS) Provider") and United Healthcare ,duly organized under the laws of the State of Florida, whose principal address is 495 N Keller Road, Florida as a Medicaid Managed Care Organization ("Medicaid MCO") (herein referred to individually as "Party" and collectively as "Parties"). WHEREAS, the Medicaid MCO has been awarded a contract ("AHCA Contract") by the Agency for Health Care Administration ("AHCA") to deliver managed care services to Medicaid enrollees under an 1115 Managed Medical Assistance Waiver (the "Waiver") in Region 11, which includes Miami -Dade and Monroe Counties where Government Owned EMS Provider is located and/or operates; and WHEREAS, pursuant to City Commission Resolution No. 19-0512, adopted December 12, 2019 ("Authorizing Resolution"), the City on behalf of the Department as a Government Owned Emergency Medical (EMS) Provider has entered into a Letter of Agreement, dated December 31, 2019, including all extensions and renewals thereof, with ACHA ("City LOA"), regarding Medicaid supplemental payments for emergency transportation services to Medicaid beneficiaries within the Government Owned EMS Provider's areas of operation, which Authorizing Resolution authorizes the City Manager to negotiate and execute this related LOA, in a form acceptable to the City Attorney; and WHEREAS, AHCA has approved the Government Owned EMS Provider as a qualifying entity and provides out of network emergency medical services to Medicaid MCO enrollees in Region 11 on an as needed basis, when the transport and treatment are appropriate; and WHEREAS, the Centers for Medicare and Medicaid Services ("CMS") approved Title 42 Code of Federal Regulations Section 438.6 ("Section 438.6") directed payments based on the establishment of a uniform increase to be paid to qualifying Government Owned EMS Providers Page 1 of 4 for the provision of emergency medical services to Medicaid eligible persons enrolled in managed care organizations pursuant to the Waiver, which includes the Medicaid MCO. NOW THEREFORE, Government Owned EMS Provider and the Medicaid MCO do hereby agree to the following: 1. Government Owned EMS Provider agrees to make emergency medical services available to MCO's Medicaid enrollees on an as needed basis, when the transport and treatment are appropriate. 2. Medicaid MCO shall receive per member per month Section 438.6 directed payments for care and treatment provided by the Government Owned EMS Provider, which the Medicaid MCO shall timely remit to the Government Owned EMS Provider in accordance with AHCA's contractual requirements, including public records compliance, record keeping, reporting, auditing, payment monitoring requirements, notices, and limitations on assignments to subcontractors under the AHCA Contract and the City LOA. 3. Contact information for the Parties is as follows: Government Owned EMS Provider: Robert M. Jorge MPA Assistant Fire Chief Health & Emergency Medical Services Division City of Miami Dept. of Fire -Rescue 1151 NW 7 Street, Miami, FL 33136 305-416-5404 (Ph.) 786-351-3591 (Cell) 305-416-5444 (Fax) Email: rjorge@miamigov.com Page 2 of 4 Medicaid MCO: William J. Warthen Network Programs Manager C & S Full Risk Capitation Relationships United Health Networks 407.659.6917 (Ph.) 855.495.8078 (Secured Fax) william Lwarthen@uhc.com 4. The Parties agree any modification to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 5. This LOA covers the period of October 1, 2019, through June 30, 2024, unless terminated sooner by the termination of Section 438.6 directed payments. 6. This LOA may be executed in several counterparts, all or any of which shall be regarded for all purposes as one original and shall constitute and be but one and the same instrument. An executed facsimile or electronic scanned copy of this LOA shall have the same force and effect as an original. The Parties shall be entitled to sign and transmit an electronic signature on this LOA (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed LOA upon written request. IN WITNESS WHEREOF, the Parties have duly executed this LOA on the day and year above first written. Each party represents that: (i) it has the authority to enter into this Agreement; and (ii) that the individual(s) signing this Agreement on its behalf is/are authorized to do so. MEDICAID MANAGED CARE ORGANIZATION: United Healthcare By: Felix Gonzalez Vice President Government Programs Name & Title of Authorized Individual Page 3 of 4 Si a're of A on zed Individual Date: 02/25/2021 Attest: Name: Date: Title GOVERNMENT OWNED EMERGENCY MEDICAL SERVICES PROVIDER: CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur`Noriega V, City Manager Date: Attest: Date: Approved as to Insurance Requirements: By: 1 Ann -Marie Sharpe, Director Department of Risk Management Approved as to Legal Form and Correctness: By: ?a-ti1aa6 L . ./6/6. VictoriaMendez, City Attorney (21-500 - GKW) Page 4 of 4 AGENDA ITEM SUMMARY FORM File ID: #6444 Date: 11/26/2019 Commission Meeting Date: 12/12/2019 Requesting Department: Office of Management and Budget Sponsored By: District Impacted: All Type: Resolution Subject: MOU - Intergovernmental Transfer of Funds Purpose of Item: A resolution of the Miami City Commission, with attachment(s), authorizing the City of Miami ("City") to participate in and receive reimbursements under the new Medicaid Public Emergency Medical Transportation ("PEMT") and Managed Care Emergency Medical System ("EMS") Supplement Payment Program ("Partial Reimbursement Program") for Medicaid Managed Care ("MMC") patients transported by the City's Department of Fire -Rescue ("Department"), with administration of federal funds by the State of Florida ("State") through its Agency for Health Care Administration ("AHCA") for the first program year ending June 30, 2020 ("First Program Year"); authorizing the City Manager to negotiate and execute any and all necessary agreements, in a form acceptable to the City Attorney. Background of Item: The Department of Fire -Rescue (Department) transports two types of patients covered by Medicaid. Those that are enrolled in a Fee for Service (FFS) plans and those in enrolled in Medicaid Managed Care plans (MMC). Currently, the Department receives $190 for Advanced Life Support and $136 for Basic Life Support transports for both FFS and MMC patients. These payments are comprised of both a State of Florida share of 38.53 percent and a federal government share of 61.47 percent. Currently, the Department receives supplemental reimbursement for FFS transports from the Federal government through the Public Emergency Medical Transport (PEMT) Medicaid FFS program. In FY 2018-19 this program reimbursed an additional $2.343 million in revenues to the City of Miami. Therefore, paying a supplement in addition to the State share payment for the transport of FFS patients. In 2019, the Governor of the State of Florida (State) signed State Bill 2500 that established the PEMT MMC program to provide a reimbursement supplement to public transport providers for MMC patients. For MMC patients, federal rules 42 CFR 438.6 requires Florida to send its share of 38.53 percent of transport cost to the federal government by mean of an intergovernmental transfer (IGT). The IGT certifies the that public expenditures have been incurred. IGTs have been used from the beginning of the Medicaid program. The State established a funding pool of $54.000 million and requires that public emergency medical transportation provider send their state share portion of 38.53 percent as an intergovernmental transfer to State of Florida Agency for Health Care Administration (AHCA). AHCA will then leverage the State share portion in order to receive the 61.47 percent federal portion from the Centers for Medicaid and Medicaid Services (CMS) . CMS will then transfer back both the State and Federal share portions to AHCA. ACHA will then disburse funds to the various Managed Care Organizations (MCO) that currently reimburse the Department for transports. The MCOs will then reimburse the City based on the number of transports formula. This new program will pay a supplement above the fees that the City already is receiving. For the City to participate in the PEMT MMC program, ACHA requires each transport provider to sign a Letter of Agreement (LOA). This item is requesting the City Manager to be given the authority to sign a Letter of Agreement with AHCA and to allocate approximately $899,407 to be transferred to AHCA via and IGT. Budget Impact Analysis Item is Related to Revenue Item is an Expenditure Item is NOT funded by Bonds Total Fiscal Impact: The City expects to net $1.435 million in Federal share funds due to this new program. This includes $899,407 from Fire -Rescue's General Fund budget that will be sent to Agency for Health Care Administration and approximately $2.334 million of gross revenues received from both the Federal and State of Florida governments. General Account No: 00001.181000.881000.0000.00000 Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attomey City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Reviewed B Christopher M Rose Sandra Bridgeman Valentin J Alvarez Nikolas Pascual Bamaby L. Min Victoria Mendez Maricarmen Lopez Mayor's Office City Clerk's Office City Clerk's Office Department Head Review Assistant City Manager Review Legislative Division Review City Manager Review Deputy City Attorney Review Approved Form and Correctness Meeting Unsigned by the Mayor Signed and Attested by the City Rendered Completed Completed Completed Completed Completed Completed Completed Completed Clerk Completed Completed 12/02/2019 1:13 PM 12/02/2019 1:16 PM 12/02/2019 1:28 PM 12/02/2019 2:43 PM 12/02/2019 7:32 PM 12/02/2019 10:38 PM 12/12/2019 9:00 AM 12/23/2019 5:33 PM 12/23/2019 5:44 PM 12/23/2019 5:44 PM City of Miami Legislation Resolution Enactment Number: R-19-0512 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6444 Final Action Date:12/12/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY OF MIAMI ("CITY") TO PARTICIPATE IN AND RECEIVE REIMBURSEMENTS UNDER THE NEW MEDICAID PUBLIC EMERGENCY MEDICAL TRANSPORTATION AND MANAGED CARE EMERGENCY MEDICAL SYSTEM SUPPLEMENT PAYMENT PROGRAM ("PARTIAL REIMBURSEMENT PROGRAM") FOR MEDICAID MANAGED CARE PATIENTS TRANSPORTED BY THE CITY'S DEPARTMENT OF FIRE -RESCUE ("DEPARTMENT") WITH ADMINISTRATION OF FEDERAL FUNDS BY THE STATE OF FLORIDA ("STATE") THROUGH ITS AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA") FOR THE FIRST PROGRAM YEAR ENDING JUNE 30, 2020 ("FIRST PROGRAM YEAR"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY AGREEMENTS, ALL IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO PARTICIPATE IN THE PARTIAL REIMBURSEMENT PROGRAM FOR THE FIRST PROGRAM YEAR, TO PROVIDE THE REQUIRED FIRST PROGRAM YEAR CITY MATCH BY INTERGOVERNMENTAL TRANSFER(S) OF FUNDS TO ACHA, AND TO RECEIVE APPROXIMATELY 61.47 PERCENT BACK FROM THE FEDERAL SHARE OF THE PARTIAL REIMBURSEMENT PROGRAM AND 38.53 PERCENT BACK FROM ACHA UNDER THE STATE SHARE OF THE PARTIAL REIMBURSEMENT PROGRAM; AUTHORIZING AND APPROPRIATING FROM ACCOUNT NO. 00001.181000.881000 TO BE TRANSFERRED TO ACHA IN AN AMOUNT NOT TO EXCEED EIGHT HUNDRED NINETY-NINE THOUSAND FOUR HUNDRED SEVEN DOLLARS AND FORTY EIGHT CENTS ($899,407.48) WHICH IS APPROXIMATELY 38.53 PERCENT OF THE FUNDING REQUIRED TO BE PAID AS THE CITY MATCH BY JANUARY 2020, OR SUCH OTHER TIME AS DESIGNATED IN WRITING BY AHCA, IN ORDER FOR THE CITY TO PARTICIPATE IN THE PARTIAL REIMBURSEMENT PROGRAM FOR THE FIRST PROGRAM YEAR AND WILL REQUIRE THAT THE DEPARTMENT'S OPERATING BUDGET BE INCREASED IN THE FISCAL YEAR 2019-20 MID -YEAR BUDGET AMENDMENT; REQUIRING THE CITY MANAGER AND THE DEPARTMENT, BEGINNING OCTOBER 1, 2020, TO PROVIDE TO THE CITY COMMISSION AN ANNUAL REPORT ON THE FIRST PROGRAM YEAR'S PARTICIPATION AND PARTIAL REIMBURSEMENTS TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, ALL AMENDMENTS, EXTENSIONS, RENEWALS, AND MODIFICATIONS TO ANY AND ALL FIRST PROGRAM YEAR AGREEMENTS FOR THE PARTIAL REIMBURSEMENT PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the General Appropriation Act — Laws of the State of Florida 2019-15 and Section 409.908, Florida Statutes, the State of Florida ("State"), through its Agency for Health Care Administration ("ACHA"), has created a new Medicaid Public Emergency Medical Transportation ("PEMT") and Managed Care Emergency Medical System ("EMS") supplement payment program ("Partial Reimbursement Program") to administer Federal funds for reimbursements to local service providers for Medicaid Managed Care patients who ("MMC") are transported to the hospital by PEMT providers and has appropriated $54.787 million for this Partial Reimbursement Program; and WHEREAS, the City of Miami's ("City") Department of Fire -Rescue ("Department") transported 9,330 MMC patients in Fiscal Year 2017-18 and received approximately $1.512 million for this service; and WHEREAS, by participating in the new Partial Reimbursement Program for MMC patients, the City and the Department can substantially increase revenues for MMC patient transports; and WHEREAS, under the new Partial Reimbursement Program, the City and the Department as a provider of MMC patient transports must enter into certain Reimbursement Program Agreement(s) by December 31, 2019 and must send the local matching portion for the state share ("State Share") portion of Partial Reimbursement Program by January 2020, or such other time as designated in writing by AHCA, for the first program year ("First Program Year") ending June 30, 2020 by means of an intergovernmental transfer to AHCA in order to allow the State to certify the public expenditure incurred by the Department and to become eligible to receive the Federal share ("Federal Share") for partial reimbursement to the City and the Department; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City is authorized' to participate in and to receive reimbursements under the Partial Reimbursement Program for MMC patients transported by the Department with administration of Federal funds by the State through ACHA for the First Program Year ending June 30, 2020. Section 3. The City Manager is hereby authorized' to negotiate and execute any and all necessary agreements, all in a form acceptable to the City Attorney, in order to participate in the Partial Reimbursement Program for the First Program Year, to provide the required First Program Year City match by intergovernmental transfer(s) of funds to ACHA, and to receive approximately 61.47 percent back from the Federal Share of the Partial Reimbursement Program and 38.53 percent back from the State Share of the Partial Reimbursement Program. Section 4. An amount not to exceed eight hundred ninety-nine thousand four hundred seven dollars and forty eight cents ($899,407.48) is authorized' and appropriated from Account No. 00001.181000.891000 to be transferred to ACHA which is approximately 38.53 percent of the funding required to be paid as the City match by January 2020, or such other time as designated in writing by AHCA, in order for the City to participate in the Partial Reimbursement Program for the First Program Year. Section 5. The City Manager and the Department, beginning October 1, 2020, are required to provide to the City Commission an annual report on the First Program Year's participation and partial reimbursements to the City. Section 6. The City Manager is further authorized' to negotiate and execute, in a form acceptable to the City Attorney, all amendments, extensions, renewals, and modifications to any and all First Program Year Agreements for the Partial Reimbursement Program. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ria ttor ev 12/2/2019 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. a US