HomeMy WebLinkAboutResolutions - 2010.08.04 - 10025MISCELANEOUS RESOLUTION #09129
By Commissioner David Coulter, District #25
IN RE: BOARD OF COMMISSIONERS - AUTHORIZING INTERGOVERNMENTAL TRANSFER TO
EXPAND ACCESS TO HEALTH CARE FOR OAKLAND COUNTY RESIDENTS, AND CONTRACTING
ADMINISTRATION OF COUNTY'S INDIGENT HOSPITALIZATION PROGRAM WITH OAKLAND
HEALTH PLAN, INC.
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Oakland County is committed to supporting programs that provide
access to appropriate health care services for low-income residents of
Oakland County; and
WHEREAS, the Federal government has approved Michigan's Medicaid State Plan
Amendment TN No. 05-13, effective June 1, 2006, which creates an "Indigent Care
Agreements Pool" for hospitals qualifying for Medicaid Disproportionate Share
("DSH") payments to receive DSH payments under the Indigent Care Agreements Pool
so long as: (a) the hospital has an Indigent Care Agreement with a local health
care entity, such as Oakland Health Plan, Inc.; and (b) the Indigent Care
Agreement stipulates that direct or indirect health care services be provided to
low-income patients with special needs who are not covered under other public or
private health care programs;
WHEREAS, the Oakland County of Commissioners endorsed the creation of Oakland
Health Plan, Inc. with Miscellaneous Resolution # 07157; and
WHEREAS, Oakland Health Plan, Inc. purposes include promoting, organizing,
managing and administering programs to create a system for providing or
arranging and paying for health care services in a cost effective manner for
persons unable to pay for such health care services;
WHEREAS, Oakland Health Plan, Inc. has entered into an Indigent Care Agreement
with William Beaumont Hospital, requiring Oakland Health Plan, Inc. to directly
or indirectly operate a program of arranging and paying for health care to low-
income individuals with special needs who are not covered under other public or
private health care programs and who are unable to pay for such services;
WHEREAS, both the Federal government and the State of Michigan participate in
the financing of the Indigent Care Agreements Pool, with the Federal government
matching the State's portion pursuant to the Federal medical assistance
percentage formula;
WHEREAS, certain intergovernmental transfers of public funds from the Oakland
County Healtn Division may be made to the State of Michigan to be used as the
State's share in claiming the Federal match.
NOW, THEREFORE, BE IT RESOLVED, that the Oakland County Board of Commissioners
hereby authorizes the intergovernmental transfers in an amount of $695,274 to
the State of Michigan for the purpose of participating in the financing of the
non-federal share of DSH payments made under the Indigent Care Agreements Pool
to William Beaumont Hospital so long as Oakland Health Plan maintains a current
Indigent Care Agreement with William Beaumont Hospital.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners hereby
authorizes the Chairman of the Board and the Oakland Health Division to enter
into an agreement with Oakland Health Plan, Inc., not to exceed $301,726, for
the purposes of Oakland Health Plan, Inc. administering the Indigent
Hospitalization Program for Oakland County.
Chairperson, I move the adoption of therpregoing reso..1 on.
David VorsPOINNINE, District #18
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District 44
Resolution #09129 June 11,2009
The Chairperson referred the resolution to the General Government Committee and the Finance Committee.
There were no objections.
STATE OF MICHIGAN - DEPARTMENT OF COMMUNITY HEALTH
AND
COUNTY OF OAKLAND
MEMORANDUM OF UNDERSTANDING
CONCERNING INDIGENT HOSPITALIZATION COSTS
This Agreement is entered into between the State of Michigan, by and through its
Department of Community Health ("Department"), whose address is The Capitol View
Building, 7th floor, 201 Townsend Street, Lansing, Michigan, 48913, and the County of
Oakland ("County"), a Michigan Municipal and Constitutional Corporation whose address
is 1200 N. Telegraph Road, Pontiac, Michigan, 48341.
INTRODUCTION
The Department and the County acknowledge the statutory responsibility of the
County under the Social Welfare Act P.A. 1939, No. 280 (MCL 400.1 et seq.). Toward
that end, the County has for many years financially assisted hospitals located within the
County in an effort to offset costs associated with indigent hospitalization care.
The Department is the single State agency responsible for administration of
Michigan's Medicaid program. The Department administers Michigan's Medicaid program
under Michigan's Medicaid State Plan. The Centers for Medicare and Medicaid Services
within the U.S. Department of Health and Human Services approves Michigan's Medicaid
State Plan and any amendments to it,
The Department established in Michigan's Medicaid State Plan the
Disproportionate Share Hospital (DSH) program. A significant portion of Michigan's
annual DSH allocation is distributed annually through the Indigent Care Agreement DSH
pool (ICA DSH pool). Hospitals that have Indigent Care Agreements (1CAs) with partner health
care related entities may receive payments from the ICA DSH pool to offset uncompensated care
costs incurred in providing health care services to low-income patients. ICA DSH pool payments
cannot be paid, however, to hospitals that have a contractual obligation to forward those
payments to partner health care related entities in the area.
William Beaumont Hospital ("Participating Hospital"), located within the County, has
requested that the County participate in the ICA DSFE program.
THEREFORE, in an effort to (i) assure continued access to medical care for indigent
residents of the County; (ii) increase the efficiency and effectiveness of medical practitioners
providing services to indigent residents of the County; and (iii) maximize the financial return to
hospitals located within the County for indigent hospitalization care costs, the Department and
the County agree as follows:
1. On or near the end of August 2010, the County will forward to the Department
via an electronic !GT the amount of $347,720.00.
2. The Department, upon receipt of the IGT from the County, will match the IGT with
federal DSH funding from the ICA DSH pool. Within 30 calendar days of receiving the EGT
from the County, the Department will forward the entire EGT from the County, together with
funding from the ICA DSH pool, to the Participating Hospital.
3. The Department will not forward any ICA DSH pool funds to the Participating Hospital
if that Hospital has a contractual obligation to forward those funds to a health care related entity
in the area that is covered by the ICA.
4. If the Department. for any reason, cannot match the !GT from the County with federal
DSH funding from the ICA DSH pool, the Department will nevertheless forward an amount equal
to the IGT to the Participating Hospital.
5. If the Department, for any reason, does not forward the IGT to the Participating Hospital
within 30 calendar days of receiving the IGT from the County, the Department will return the
IGT it received to the Oakland County Treasurer within 45 calendar days after the Department
receives the IGT. The Department's obligation to return funds to the County as described in this
paragraph survives and continues beyond the expiration, cancellation, or termination of this
Agreement.
6. Either the County or the Department may terminate this Agreement for any reason upon 15
days written notice to the other party.
7. This Agreement constitutes the entire agreement between the Department and the County
regarding this subject matter and supersedes all prior agreements, representations, and
understandings related to the subject matter of this Agreement.
8. By signing below, the undersigned acknowledge that they have the full legal authority to
execute this Agreement on behalf of their respective party and therefore bind their respective party
to the terms and conditions of this Agreement.
7N ll 1
'' ir .,' i,1%,-.7 , i I.
ET OLSZEWSKL Di*ctor
epartment of Community Health
Lso„,_,At
BILL BULLARD, Chairperson
Oakland County Board of Commissioners
Dated: V.:,2,51/0 Dated: hk,c311,,
WILLIAM BEAUMONT HOSPITAL — OAKLAND COUNTY
RELEASE AGREEMENT
This Agreement is made between William Beaumont Hospital, a Michigan Corporation
(Michigan Corporate I.D. # 869181) whose address is 3601 W. 13 Mile Rd, Royal Oak, MI
48073-6769 (hereafter "Beaumont") and the County of Oakland, a Michigan Municipal and
Constitutional Corporation whose address is 1200 N. Telegraph Road, Pontiac, Michigan 48341
(hereafter the "County").
The County, pursuant to the Michigan Social Welfare Act, MCL 400.1 et seq., has financially
assisted Beaumont by contributing County funds to help offset some of the hospital expenses and
costs incurred by Beaumont in caring for indigent residents of Oakland County.
Recently an opportunity has presented itself where Beaumont has requested that the County
participate along with the State of Michigan in a program that might qualify Beaumont to receive
additional federal funds through a federal-state Indigent Care Agreement Disproportionate Share
Hospitalization ("ICA/DSH") program.
In consideration of the mutual promises, obligations, representations, and assurances in this
Agreement Beaumont and the County agree as follows:
1. As full consideration of this Release Agreement from Beaumont:
a. The County agrees to participate in the Michigan Department of Community Health
program to attempt to secure ICAJDSH funding for Beaumont as it requested, and
b. The County agrees to pay the sum of $347,720 and 00 Dollars, directly to Beaumont,
the receipt of which is hereby acknowledged, and at Beaumont's request the County
will transfer the money to the State for the ICA/DSH Program in order to assist
Beaumont to qualify to participate in the Program.
2. In exchange for the County consideration as above: Beaumont hereby forever releases,
discharges and covenants not to sue the County for any "Claims" that are in any way related
to any County violation of or failure to adequately discharge any County statutory or other
legal obligation to financial support Beaumont for any indigent hospitalization costs or care
brought under the Michigan Social Welfare Act (MCL 400.1 et seq.) or any similar state
statutory duty or obligation or any state administrative rule or policy.
a. As used in this paragraph, "County" means the County and all County elected and
appointed officials, directors, board merhbers, commissioners, employees, and
representatives, ancUor any such persons' predecessors, successors and/or any persons
acting by, through, under, or in concert with any of said persons.
b. As used in this paragraph, "Claims" means any and all alleged losses, claims,
complaints, demands for relief, damages, suits, causes of action, proceedings,
judgments, deficiencies, liability, penalties, litigation, costs, and expenses, including,
but not limited to, reimbursement for reasonable attorney fees, witness fees, court
costs, investigation expenses, litigation expenses, amounts paid in settlement, and/or
other amounts or liabilities of any kind which are imposed on, incurred by, or asserted
against the County, or which could have been imposed on, incurred by, or asserted
H S)\1 110514
Pagi: i 42
I.
BY: DATE: ,?-"" 9- ‘,20.,/
Subscribed and sworn to before me on this
3. The undersigned Beaumont officer declares and acknowledges that he/she has read and
understands the terms of this Agreement and that he/she executes this Agreement
voluntarily and only after consultation with his/her attorneys and without being pressured or
influenced by any person acting on behalf of the County.
4. The parties acknowledge that this Agreement constitutes the complete and entire agreement
between the County and Beaumont regarding this subject matter and all County financial
support to Beaumont for any indigent hospitalization care or costs. This Agreement
supersedes any and all prior agreements, representations or understandings related to this
subject matter and that no supplement, modification, amendment, or waiver of this
Agreement shall be binding unless executed in writing by both the County and Beaumont.
5. The undersigned Beaumont officer hereby acknowledge that he or she has the full legal
capacity and authority to execute this Agreement on behalf of Beaumont and by signing
below hereby acknowledges the adequacy of the consideration Beaumont is to receive and
hereby accepts and binds Beaumont and any of its successors or assigns to the terms and
conditions of this Agreement.
FOR WILLIAM BEAUMONT HOSPITAL
NOTARIZED:
we..K z -oh n so vi appeared in person before me this day and executed this
Agreement on behalf of William Beaumont Hospital and acknowledged to me under oath that
M 0,,Kk n.30 VI has taken all actions and secured any and all necessary
approvals and authorizations and has the requisite authority from William Beaumont Hospital to
fully and completely obligate and bind William Beaumont Hospital to the terms and conditions
of this Agreement.
Notary Public, State of Michigan, aikeccriot_ei County
My Commission Expires: n /.6
Acting in the County of Oakland
BF )10.7N, I. HOSPITAL 10.11,A 1/44
Page 2 vi 2
Resolution #09129 August 4, 2010
Moved by Coulter supported by Woodward to discharge the resolution from the General Government
Committee and the Finance Committee.
AYES: Gershenson, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray,
Middleton, Nash, Potts, Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns,
Coleman, Coulter, Douglas. (22)
NAYS; None. (0)
A sufficient majority having voted in favor, the resolution was discharged.
Moved by Coulter supported by Woodward the resolution be adopted.
Moved by Taub supported by Coulter the resolution be amended to substitute the wording in the
resolution to read:
MISCELLANEOUS RESOLUTION #09129
BY: Commissioner David Coulter, District #25
IN RE: BOARD OF COMMISSIONERS - AUTHORIZING INTERGOVERNMENTAL TRANSFER TO
EXPAND ACCESS TO HEALTH CARE FOR OAKLAND COUNTY RESIDENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Oakland County is committed to supporting programs that provide access to appropriate
health care services for low-income residents of Oakland County; and
WHEREAS the Federal government has approved Michigan's Medicaid State Plan Amendment TN
No. 05-13, effective June 1, 2006, which creates an "Indigent Care Agreements Pool" for hospitals
qualifying for Medicaid Disproportionate Share ("DSH") payments to receive DSH payments under the
Indigent Care Agreements Pool so long as: (a) the hospital has an Indigent Care Agreement with a
local health care entity, such as Oakland Health Plan, Inc.; and (b) the Indigent Care Agreement
stipulates that direct or indirect health care services be provided to low-income patients with special
needs who are not covered under other public or private health care programs; and
WHEREAS both the Federal government and the State of Michigan participate in the financing of the
Indigent Care Agreements Pool, with the Federal government matching the State's portion pursuant
to the Federal medical assistance percentage formula; and
WHEREAS certain intergovernmental transfers of public funds from local governments may be made
to the State of Michigan to be used as the State's share in claiming the Federal match.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
authorizes an Intergovernmental Transfer (IGT) in an amount of $347,720 to the State of Michigan for
the purpose of participating in the financing of the non-federal share of DSH payments made under
the indigent Care Agreements Pool to William Beaumont Hospital so long as the Attached
Memorandum of Understanding (MOU) governing the Intergovernmental Transfer (IGT) has been
signed by the County and the State of Michigan, and furthermore the attached Release Agreement
has been signed by William Beaumont Hospital.
Chairperson, I move the adoption of the foregoing resolution.
DAVID COULTER, MARCIA GERSHENSON,
JIM NASH, MATTE HATCHETT, ERIC
COLEMAN, TIM BURNS, HELAINE ZACK,
JANET JACKSON, GARY McGILLIVRAY, TIM
GREIMEL
Discussion followed.
Vote on amendment:
AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Douglas,
Gershenson. (21)
NAYS: Gosselin. (1)
A sufficient majority having voted in favor, the amendment carried.
APPROVE FOREGOING RESOLUTION
Moved by Coulter supported by Woodward the resolution, as amended, be adopted.
AYES: Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potts,
Runestad, Schwartz, Scott, Taub, Woodward, Zack, Bullard, Burns, Coleman, Coulter, Douglas,
Gershenson. (21)
NAYS: Gosselin. (1)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on August 04,
2010, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 4th day of August, 2010.
t
Ruth Johnson, County Clerk