HomeMy WebLinkAboutResolutions - 1977.11.02 - 13319William T. Patterson, Vice Chairman
Miscellaneous Resolution No. 8238 November 3, 1977
BY: PUBLIC SERVICES COMMITTEE - VIMLim T. Patterson, Njee Chairman
IN RE: ACCEPTANCE OF 1977-78 THIRD PARTY LIABILITY PROGRAM
To The Oakland County Board of Commissioners
Mr. ChaiLman, Ladies and Gentlemen:
WHEREAS, pursuant to Public Act 105 of 1977, the Michigan Department
of Social Services has selected Oakland County for the pilot Third Party
Liability Program; and
WHEREAS, grant funds in the amount of $318,045.00 have been awarded
to the County of Oakland, all of which coming from the State; and
WHEREAS, in addition to the above grant funds, an incentive rebate
of 20% of all funds collected shall be returned to the County, pursuant to
contract; and
WHEREAS, the Public Services Committee recommends that said program
be approved and said funds be accepted.
NOW THEREFOREBE IT RESOLVED that the Oakland County Board of
Commissioners hereby accepts the Third Party Liability Program contract, and
hereby authorizes the County Executive and Chairman of the Board to execute
said contract on behalf of the County with the Circuit Court and State of
Michigan, and accepts said grant and incentive funds pursuant to contract.
The Public Services Committee, by Henry W. Hoot, Chairman, moves
the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
MEDICAL SUPPORT ENFORCEMENT AGREEMENT
This Memorandum of Agreement i executed this day of
197 , is by and between the Michigan Department of Social Services,
having a mailing address of 300 South Capitol Avenue, Lansing, Michigan
48926 (hereinafter referred to as the "Department"), Oakland County,
having a mailing address of 1200 North Telegraph, Pontiac, Michigan 48053
(hereinafter referred to as the "County"), and the Sixth Judicial (Oakland
County) Circuit Court, having a mailing address of 1200 North Telegraph,
Pontiac, Michigan 48053 (hereinafter referred to as the "Court").
WITNESSETH:
WHEREAS, the Department under the Social Security Act, Title XIX,
Section 1902 (a) subsection 25, is responsible for administering a
State Plan for Medical Assistance which must:
"Provide (A) that the State or local agency administering
such plan will take all reasonablemeasures to ascertain
the legal liability of third parties to pay for care and
services (available under the plan) arising out of
injury, disease, or disability, (B) that where the State
or local agency knows that a third party has such a legal
liability such agency will treat such legal liability as
a resource made available for purposes of paragraph (17)
(B), and (C) that in any case where such a legal
liability is found to exist after medical assistance has
been made available on behalf of the individual, the
State or local agency will seek reimbursement for such
assistance to tie extent of such legal liability; and,
WHEREAS, the Department has been designated to cooperate with the
Federal government and with all other departments or agencies of the
State in any plans established in cooperation with the Federal
government, and is authorized to contract with federal, state, or
local units of government, and private agencies under the provisions
of MCLA 400.10; and,
WHEREAS, the Department desires to enter into an Agreement with the
County, Friend of the Court and the Court to:
(1) Assist the Department in providing the services necessary
to establish medical liability and secure indemnification
for children receiving medical benefits within the meaning
of applicable regulations of the United States Department
of Health, Education and Welfare promulgated under titles
IVD, XIX and XX of the Social Security Act.
(2) Assist in other matters of common concern to the Court,
County, Friend of the Court and the Department; and,
WHEREAS, the County is authorized by MCLA 45.3 to make all necessary
contracts, and to do all other necessary acts in relation to the
property and concerns of the County; and,
WHEREAS, the County, Friend of the Court, and the Court are desirous
of entering into such an Agreement with the Department, and the
person or persons signing this Agreement are duly authorized to bind
the County, Friend of the Court, and the Court to performance of its
terms; and,
WHEREAS, the Prosecutor is statutorily empowered to seek support
orders in domestic relations matters outside of divorce proceedings;
and,
WHEREAS, the Friend of the Court is statutorily empowered to make
recommendations to the Circuit Court regarding the proper amount of .
support and to enforce all support orders entered by said Court; and,
NOW, THEREFORE, in consideration of the above, and in consideration
of the promises and mutual convenants hereinafter contained, the
parties hereto agree as follows:
I. DEFINITIONS
A. The term "Medical Support liability" shall mean the
responsibility, as set forth by court order, of absent
parents, guardians or other responsible parties to cover
the cost of medical care for minor children.
•B. The term "County- Third Party Reimbursement Account" shall
mean a special, separate account which shall be established
by the County in the general fund for the recording of the
deposit of incentive rebate payments as provided for in
paragraph HID of the Agreement.
C. The term "Medical Support Collection Account" shall mean
a special, separate account which shall be established by
the Department for deposit of all medical collections
received by the Department as a result of this Agreement.
D. The term, "recovery" shall mean the collection and/or return
of monies, for a specified claim, previously charged against
the Title XIX progi -am, to the Department, as a re s ult of • •
joint action performed by the parties to this Agreement. ..
E. The term "county funded agencies" shall mean the Circuit Court
and Friend of the Court of the county.
11. COUNTY AND COUNTY FUNDED AGENCY RESPONSIBILITIES
A. The County and county funded agencies shall be jointly responsible
during the life of this Agreement, for the modification of existing
methods by which court orders for support of minor children, are
obtained and enforced so as to establish and enforce the responsi-
bility of absent parents, guardians or other responsible parties to
coyer the cost of medical care for such minor children.
B. The County and county funded agencies shall be jointly responsible
for development of a program ensuring enforcement of medical support
liability through issuance and enforcement of appropriate support
orders. The following aspects of the program shall be given emphasis:
1. The initial emphasis shall be to obtain, where feasible, appropriate
support orders indicating therein medical support liability and to
enforce such orders through statutorily authorized procedures.
2. The second emphasis shall be to review existing orders and where
such orders are silent as to medical support liability, modify
same so as to establish such liability therein.
3. The final emphasis shall be to work with the Department to secure
all goals and statutory requirements concerning Third Party Liability
C. The County and county funded agencies hereby designate Circuit Court
as the liaison agency (or agencies) responsible during the life of this
Agreement for prtviding to the Department upon request, the information,
reports, or other data specified in paragraphs IID, IIF, IIG, IIN,
IIIC, and IVO in this Agreement.
D. The County and county funded agencies shall provide the Department through
the liaison agency (or agencies) with the following information in all
cases where medical support liability is established:
1. Name of payor and case number
2. Names and birthdates of children and spouse
3. Name and address of employer of payor
4. Name and address of insurers
5. Policy, group and control numbers
6. Date of court order which requires payment.
This information shall be provided to the Department on magnetic tape
or in some other form which is compatible with the Department's computer
system so as to allow the Department to invoice appropriate insurance
carriers.
E. Any reimbursement recovered directly by the County, Court or Friend
of the Court for medical expenses already covered by the Department
shall be sent to the Department to be deposited in the Medical
Support Collection Account.
F. The County and county funded agencies shall prepare and submit through
the liaison agency (or agencies) all financial, program progress, and
other reports as may be requested by the Department.
G. The County and county funded agencies shall maintain an inventory of
all equipment purchased with funds provided by the Department pursuant
to paragraph IIIC of this Agreement. The County shall take the
necessary action to assure that title to all aforesaid equipment shall
be vested in the Department upon expiration of this Agreement, or in
the event equipment is purchased with combined County and program
funds, the pro rata share of title to said equipment shall be vested
in the Department or otherwise protected.
H. The Friend of the Court, being the county funded agency responsible
for seeking support orders in domestic relations matters, including
but not limited to paternity actions, shall seek, where appropriate,
Orders of the Circuit Court naming the party to be responsible for
medical, dental and hospital expenses of the minor children, wards or
dependents of the parties to such proceedings.
I. The Friend of the Court, or such county funded agency as is responsible
for making recommendations regarding support in divorce proceedings,
shall seek, where appropriate, orders of the Circuit Court naming the
party to be responsible for medical, dental and hospital expenses of
the minor- children, wards, or dependents of the parties to such
proceedings,
J. The County shall establish and maintain the County Third Party
Reimbursement Account, and all incentive rebates made pursuant to
paragraph IIID of this Agreement which are recorded in this account
shall be divided monthly as follows:
1. 50% shall go into the Oakland County general fund.
2. 50% shall go to the Circuit Court general account, which shall be
subject to appropriation by the Board of Commissioners in
accordance with the laws of the State of Michigan.
K. The Friend of the Court where appropriate, shall, exercising such
discretion as they may be afforded by law, initiate and pursue or
prosecute legal proceedings against such persons as are determined
through orders of the Court, in domestic :relations matters, to have
incurred medical support liability.
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L. The County shall, by expenditure of county funds, maintain its
pre-agreement fiscal effort relative to medical support services
provided under this Agreement. State program funds provided by
this Agreement shall not be used as a substitute for local funds
that would normally have been made available for the items covered
by this Agreement.
M. In the performance of his obligations under this contract, the
Prosecutor shall be subject to the supervisory authority of the
Attorney General. MCLA 14.30; MSA 3.183.
N. The County and county funded agencies shall maintain suitable
records and prepare monthly reports indicating cases filed,
cases closed, medical support orders sought, medical support
orders obtained, existing support orders modified so as to
indicate medical support liability and such other information
as the Department shall require in writing.
III. DEPARTMENT RESPONSIBILITIES
A. The Department shall designate the Third Party Liability Section
of the Department as the contracting office responsible to
facilitate communication between the County/Court/
Friend of the Court, and the Department regarding any aspect of
this Agreement. Further said contracting office shall provide
technical assistance and advice to the County and the county
funded agencies.
B. The Department shall provide the liaison agency (or agencies)
with an accurate accounting of medical expenditures incurred
by the Department in all identified cases covered by a domestic
relations order of the Court where the County and county funded
agencies act as an agent responsible for implementing recovery.
Such accounting will be provided on magnetic tape or some other
form compatible with the computer system used by the County
and county funded agencies. The Department will provide the
designated liaison agency (or agencies) with billings to
Insurance carriers for all said cases. •
C. The Department shall make payment for the actual expenditures
incurred by the County or county funded agencies pursuant to
this Agreement subject to prior approval by the Department.
The total amount to be paid shall not exceed $313,045.00,
under this Agreement, as indicated in program budget, a copy of
which is attached hereto, and made a part hereof by reference.
Said payment shall be made monthly by the Department, to the
County, upon receipt and approval of an itemized statement of
expenditures.
D. The Department shall make payment from the Medical Support
Collection Account to the County Third Party Reimbursement
Account, as an incentive rebate in an amount equal to 20% of
any money recovered as a result of joint action by the
Department and the County and county funded agencies, for
medical services rendered to families for whom there is a
valid support order of any kind ordered by the Court. Said
incentive payments shall be made monthly by the Department,
and the Department shall provide the County with an accurate
accounting of all payments made to the Medical Support
Collection Account.
IV. GENERAL PROVISIONS
A. Duration of Proam
This Agreement shall terminate no later than September 30, 1978,
provided, however, that subject to the availability of state funds
appropriated for the purposes of this Agreement for State fiscal
year 77/78 that an extension of up to two months may be granted
by mutual agreement of all parties for the sole purpose of ensur-
ing full implementation of the program.
B. Department's Source of Funds - Termination
The Department's payment of funds as provided in paragraphs IIIC,
HID and IVO of this Agreement is subject to and conditional upon
the continued availability of State funds appropriated specifically
for this service. No commitment is made by the Department to
continue or expand such activities. The Department may terminate
this Agreement Immediately upon written notice to the designated
liaison agency (or agencies) at any time prior to the completion
of this Agreement period if, in the opinion of the Department,
funding becomes unavailable for this service or such funds are
restricted.
C. Cost Documentation
The County and county funded agencies agree to maintain books, records,
documents and follow accounting procedures and practices which reflect
all direct and indirect costs of any nature expended in the performance
of this Agreement. Further, the accounting system will provide for
specific identification of all sources of funds, all contracts, purchase
orders, accounts payable and cash disbursements.
D. Examination and Maintenance. of Records -
The County and county funded agencies agree to permit the Department
or any of its identified agents access to thefacilities being
utilized at any reasonable time to observe the operation of the •
program. The County and county funded agencies further agree to .
retain all books, records or other documents relevant to this
Agreement for six years after final payment, and assume such costs
..relative thereto, and Federal auditors and any persons duly authorized
by the Department shall have full access to and the right to
examine any of said materials during said period. If an audit
is initiated prior to the expiration of the six-year period,
and extends past that period, all documents must be maintained
until the audit is completed. The Department shall provide
findings and recommendations of audits to the designated liaison
agency. The Department will adjust final payment to the County,
where required, based on the findings of an audit. If no pay-
ments are due and owing the County, the County agrees to refund all
amounts which may be due the Department.
E. Insurance Coverages
The County, at its own expense, shall provide and maintain public
liability insurance in such amounts as necessary to cover all
claims which may arise out of the County and county funded agencies
operations under the terms of the Agreement. Unemployment compen-
sation coverage, and worker's compensation insurance shall be main-
tained in accordance with applicable Federal and State laws and
regulations. Reimbursement for such expense shall be available
pursuant to paragraph IIIC of this Agreement only to the extent
that the cost thereof is attributable directly to services rendered
pursuant to this Agreement.
F. Compliance with Civil Rights, Other Laws
The County and county funded agencies shall not discriminate
against an employee or applicant for employment with respect
to hire, tenure, terms, conditions, or privileges of employment,
or a matter directly or indirectly related to employment, because
of race, color, religion, national origin, age, sex, height,
weight, or marital status. MCLA 37.2209, The County and county
funded agencies shall comply with provisions of Title VI of the
Civil Rights Act of 1964, and any amendments thereto. The County
and county funded agencies shall also comply with the provisions
of the Handicapped Civil Rights Act of 1976, being Public Act 220,
and the Rehabilitation Act of 1973, being Section 504 of Public Act
93-112. Such laws stating that no employee or client or otherwise
qualified handicapped individual shall, soley by reason of his handicap,
be excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under any program or activity receiving Federal
financial assistance. Further, the County and county funded agencies
agree to comply with all other Federal, State and local laws, regulations
and standards, and any ammendments thereto, as they may apply to them.
G. Royalties
The Department reserves a royalty-free non-exclusive license to use
and authorize others to use all copyrightable or copyrighted material
resulting from this program.
H. Reports .
All reports and other similar materials made as a result of this
Agreement shall acknowledge the support provided by the Department.
Confidentiality
Information provided by the Department or the local Department of
Social Services in cooperation with the County and county funded
agencies and in furtherance of the aims and purposes of this
Agreement shall be kept confidential and used only for the purposes
directly connected with the administration of the program implemented
by this Agreement.
J. Political Activities •
None of the funds, materials, property, personnel or services
contributed by the Department or County and county funded agencies
under this Agreement shall be used in the performance of this
Agreement for any partisan political activity, or to further the
election or defeat of any candidate for public office.
K. Religious Activity
There shall be no religious worship, instruction or proselytization
as part of or in connection with the performance of this Agreement.
L. Subcontracts
The County and county funded agencies may not assign this Agreement
or enter into subcontracts. to this Acire, 1tional parties
without obtaining prior written approval (2-f Dartment, The
Department, as a condition of granting such approval, shall require
that such assignees or subcontractors shall be subject to all con-
ditions and provisions of this Agreement. The County and county
funded agencies shall be responsible for the performance of all
assignees or subcontractors.
M. Liability
The County and county funded agencies at their own expense and
state reimbursement shall indemnify, save and hold harm-
less the Department against any and all expense and liability of
any kind which they may sustain, incur, or be required to pay
arising out of this Agreement; provided, however, that the pro-
visions of this paragraph shall not apply to liabilities or
expenses caused by or resulting from the acts or omissions of
the Department or any of its officers or employees. Further,
in the event the County, county funded agencies, or their employees
become involved in or are threatened with litigation they shall
immediately notify the Department and the Department may enter into
such litigation to protect the interests' of the .Department as they
may appear.
N. Cancellation of Agreement
If, in the opinion of the Department, the County or county funded
agencies fail to comply with the conditions of this Agreement or
to fulfill its responsibilities as indicated in the Agreement, or
the Department determines that the method and techniques being
utilized in accomplishing the goal are not acceptable or compatible
with the Department's policies, the Department reserves the right
to cancel this Agreement by giving sixty (60) days written notice
to the designated liaison agency (or agencies). The County and
county funded agencies may terminate this Agreement upon sixty (60)
days written notice to the Department at any time prior to the
completion of the Agreement period if the Department fails to
comply with the conditions of this Agreement.
0. Closeout
In the event this Agreement is concluded or terminated, the
designated liaison agency (or agencies) shall provide the
Department within thirty (30) days after conclusion or term-
ination all financial, performance and other reports required
as a condition of the Agreement. If this Agreement is terminated
prior to completion of the program, the Department shall make
payment for expenditures incurred by the County and county funded
agencies, prior to the date of termination, and for recoveries
realized as a result of this Agreement.
P. Disputes
The designated liaison agency shall notify the Department in writing
of the intent of the Cc nty county ',•r.''es to pursue
a claim against the De7.- ' for •reace of any terms of this Agree-
ment. No suit may be cc --need by the County and county funded
agencies for breach of this Agreement prior to the expiration of ninety
(90) days from the date of such notification. Within this ninety (90)
day period, the representatives of the County and county funded agencies,
at the request of the Department, must meet with the Department for the
purpose of attempting resolution of the dispute.
Q. Agreement Inclusiveness/Amendment_
This Agreement contains all the terms and conditions agreed upon by
the parties. All items incorporated by reference are to be attached. •
No other understanding, oral or otherwise, regarding the subject matter
of this Agreement shall be deemed to exist or to bind any of the parties
hereto. The County and county funded agencies agree, upon request by
the Department and receipt of the proposed amendment, to amend this
Agreement, if and when required in the opinion of the Department, due
to a revision of Federal or State laws or regulations. If the County
and county funded agencies refuse to sign such amendment within fifteen
(15)• days after receipt, this Agreement shall terminate upon such refusal.
This RgreLt may otrerwise. be ax:ended only by the written consent
of all parties hereto. .
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R. Continuing Responsibilities
Termination, conclusion or cancellation of this Agreement shall
not be construed so as to terminate the on-going responsibilities
of the Provider contained in the Examination and Maintenance of
Records and Closeout paragraphs included in this Agreement.
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Dated at , Michigan County
, Michigan
this day of
Witness:
Dated at
1977 By:-
Circuit Court
this day of , 1977 By:
Witness:
Dated at , Michigan DEPARTMENT OF SOCIAL SERVICES GA MIC
IN WITNESS WHEREOF, the Department, the Court, and the County have caused
this Agreement to be executed by their respective officers, agents or
representatives duly authorized to do so.
this day of , 1977 By:
Witness:
10,000.00
19,200.00
8,000.00
5,000.00
4,000.00
4,500.00
6,000.00
2,000.00
1,600.00
60,300.00
Oakland County
T.P. Liability C.P.R. Budget
1977/1978
230,035.00
5,000.00
5,000.00
1. Salaries, Wages, Fringes
2. Travel
3. Supplies
4. Other Expenses-
Rent - Space
Rent - Computer Equipment
Data Processing - Development
Data Processing - Operation
Postage
Telephone
Copying
Printing
Dispatch Communications
Total
Sub-Total
5, Equipment 7
Option A (Purchase)
Option 8 (Lease-Option to Purchase)
Total Projected Program Costs
300,335.00 300,335.00
17,710.00
5,313.00
305,648.00
(Option A) (Option B)
318,045.00
Oakland County
T.P. C.P.R.
Schedule of Equipment
20 Desks (5 with Typing Table)
20 Chairs
6 File Cabinets
3 Typewriters
5 Credenzas
16 Side Chairs
Other - Adders, Calculators, dictating
machines, transcribers, office miscellaneous
furniture
Total
#8238 November 3, 1977
Moved by Wilcox supported by Roth the rules be suspended for immediate•
consideration of the resolution.
AYES: Murphy, Olson, Page, Patterson, Perinoff, Pernick, Peterson, Price,
Roth, Simson, Wilcox, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Kelly, Lanni,
McConnell, Moffitt, Montante, Moxley. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the motion carried.
Moved by Patterson supported by Roth the resolution be adopted.
AYES: Olson, Page, Patterson, Perinoff, Pernick, Peterson, Price, Roth,
Simson, Wilcox, Daly, DiGiovanni, Doyon, Fortino, Gabler, Gorsline, Kelly, Lanni,
McConnell, Moffitt, Montante, Moxley, Murphy. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and
having a seal, do hereby certify that I have compared the annexed copy of
Resolution #8238 adopted by the Oakland County Board of OOO aoo o• aeon° oeo•••••001•019•.0 909•004•9••909
Commissioners at their meeting held on November 3, 1977
with the original record thereof now remaining in my
office, and that it is a true and correct transcript
therefrom, and of the whole thereof.
In Testimony Whereof, I have hereunto set my hand and
affixed the seal of said County at Pontiac, Michigan
of. November ...... .....
Lynn 0, Allen..........,, ..... .....Clerk
Clerk