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HomeMy WebLinkAbout07 - Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program for Cost Recovery of EMS ServicesQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 16, 2021 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Jeff Boyles, Fire Chief - 949-644-3101, jboyles@nbfd.net PREPARED BY: Mary Locey, Administrative Division Manager, mlocey@nbfd.net PHONE: 949-644-3352 TITLE: Resolution No. 2021-110: Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program for Cost Recovery of EMS Services ABSTRACT: The California Department of Health Care Services (DHCS) offers local units of government that provide health care services the opportunity to secure additional Medi - Cal revenues by participating in a voluntary Intergovernmental Transfer (IGT) program with its local Medi -Cal managed care plan. To date, the City of Newport Beach (City) has successfully participated in six transactions to secure a total of $1,027,328 in increased revenue. Continued participation in the IGT allows the City to receive additional Federal funds to offset previously unreimbursed costs for providing Medi -Cal plan members emergency medical and transport services. Participation in the IGT program is on a year - by -year basis and is currently available for the services provided for the period of January 2021 through December 2021. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2021-110, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Mayor and City Manager, or Designees, to Execute Agreements and Amendments with the Department of Health Care Services (DHCS) and CalOptima to Participate in the Rating Period of January 1, 2021 through December 31, 2021 Medi -Cal Rate Range Intergovernmental Transfer (IGT) Program; c) Authorize the Mayor and City Clerk to execute the Intergovernmental Agreement Regarding Transfer of Public Funds with the California Department of Health Care Services; d) Authorize the Mayor and City Clerk to execute the Health Plan -Provider Agreement Intergovernmental Transfer Rate Range Program Agreement with CalOptima; and 7-1 Resolution No. 2021-110: Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program for Cost Recovery of EMS Services November 16, 2021 Page 2 e) Approve Budget Amendment No. 22-021 increasing revenue estimates and expenditure appropriations related to the Medi -Cal IGT Program. Additional revenues are estimated to be up to $579,129 in Medi -Cal IGT Program funds (account number 01040404-431246) and increased expenditure appropriations are estimated to be up to $310,177 in Medi -Cal IGT Program expenditures (account number 01040404- 821008). DISCUSSION: The costs associated with the City delivering emergency medical services (EMS) are recovered through user fees as established by the City Council. However, the nature of EMS cost recovery is unique to the healthcare industry. The City has little control over the actual amount of revenue collected due to adjustments made by various payer sources. The DHCS IGT program offers the opportunity to secure additional Medi -Cal revenues, which would normally be uncollected. Authorized under the Welfare and Institutions Code, Sections 14164 and 14301.4, the DHCS implements a voluntary Rate Range Program relating to Medi -Cal managed care capitation rate ranges. The funding amounts under the program are the nonfederal share of the difference between the Medi -Cal managed care plans' contracted rates and the top of the plans' actuarially sound rate range, as determined by DHCS. CalOptima is the County Organized Health System created by the Orange County Board of Supervisors in 1993 and serves as the Medi -Cal managed care plan for Orange County. In 2016, CalOptima allowed fire departments that provide ambulance transport services to participate in the Medi -Cal Managed Care Rate Range IGT Program. Based on data from the 12 -month period of July 1, 2019 through June 30, 2020, it is estimated that the Newport Beach Fire Department provided Medi -Cal services to 377 CalOptima plan members. The total cost of providing these services is estimated at $609,654 and the actual payments received are estimated at $114,671, resulting in unreimbursed costs of $494,983. (See Attachment A, Section 2.) Participation in the Medi -Cal Rate Range IGT for the period of January 2021 through December 2021 provides the City an opportunity to recover up to $268,952 of unreimbursed costs, as estimated by CalOptima. Rate Range IGT Program Participation The Rate Range IGT program is voluntary and allows health care providers, such as the Newport Beach Fire Department, the ability to offset previously unreimbursed costs for serving Medi -Cal plan members. 7-2 Resolution No. 2021-110: Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program for Cost Recovery of EMS Services November 16, 2021 Page 3 To participate, a City Council resolution (Attachment B) must be adopted, and the following two agreements need to be executed: 1) An agreement with DHCS regarding the City's transfer for the IGT service period of January 1, 2021 through December 31, 2021 in the amount of $258,481 and a 20% IGT assessment fee of $51,696 for a total of $310,177 (Attachment C); and 2) An agreement with CalOptima regarding the terms upon which the City is paid its previously unreimbursed costs for providing transport services to Medi -Cal plan members plus the additional federal funds made available due to participation in the IGT program (Attachment D). While there is no contractual guarantee of the City receiving its initial investment, it is staff's understanding that in prior years other local California governments participating in the IGT program have received their initial investment plus the additional IGT funds returned for a net revenue increase. Additionally, the City's history with the program has been successful as reflected in the table below. Year Participation Dates City Funds Transferred Funds Returned Revenue Increased Approx. Rate of Return 1 FY 2014-15 $266,191 $356,554 $90,363 $1.34 per $1 2 FY 2015-16 $192,616 $290,897 $98,281 $1.51 per $1 3 FY 2016-17 $267,005 $383,471 $116,466 $1.44 per $1 4 FY 2017-18 $273,083 $571,081 $297,998 $2.09 per $11 5 FY 2018-19 $285,141 $588,822 $303,681 $2.07 per $1 6 7/2019-12/20202 $534,785 $655,324 $120,539 $1.23 per $13 TOTAL $1,818,821 $2,846,149 $1,027,328 $1.56 per $1 Once the required agreements are in place (the signed agreement with DHCS is due no later than December 24), the City will receive a funds transfer request from DHCS. The timeline for the City to receive the original contribution, 20% assessment fee, and the leveraged additional federal funds, is approximately 30 days after CalOptima receives funds from DHCS. FISCAL IMPACT: To participate as a funding entity, the City must transfer local funds up to a maximum total contribution of $258,481 to DHCS through an Intergovernmental Transfer (IGT) along with a 20% assessment fee of up to $51,696 for administering the IGT (for a total of $310,177). Beginning in FY 2017-18, the Federal match rate was expanded to include the Optional Medicaid Expansion population resulting in a higher rate of return than previous years. 2 Due to COVID, this fiscal year reporting period was extended to December 31, 2020. 3 Patient transports dropped significantly during the year six reporting period due to COVID. Thus, the rate of return on the City's transfer of funds was less than expected and less than prior years. 7-3 Resolution No. 2021-110: Medi -Cal Managed Care Rate Range Intergovernmental Transfer (IGT) Program for Cost Recovery of EMS Services November 16, 2021 Page 4 DHCS will then use the local funds provided to draw down additional federal funds to access the highest allowable Medi -Cal reimbursement rate from the federal government. The City expects to be fully reimbursed for the contribution and the 20% assessment fee ($310,177), as well as receiving $289,952 in new revenue from the IGT -funded federal match for a total revenue increase of $597,129. The Budget Amendment appropriates $597,129 in additional revenue from DHCS, which is distributed by CalOptima, and $310,177 in increased expenditure appropriations. The revenue will be posted to the Emergency Medical Services — Medi -Cal IGT account in the Fire Department, 01040404-431246, and the transfer will be expensed to the Emergency Medical Services — Medi -Cal IGT account in the Fire Department, 01040404-821008. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — IGT Program Analysis Attachment B — Resolution No. 2021-110 Attachment C — Agreement with Department of Health Care Services Attachment D — Agreement with CalOptima Attachment E — Budget Amendment No. 22-021 7-4 ATTACHMENT A November 16, 2021 City Council Meeting Medi -Cal Managed Care Rate Range IGT Program IGT Estimate for City of Newport Beach Fire Department Amount Section 1. Projection for Rating Period July 1, 2019 through June 30, 2020 1. City of Newport Beach IGT Transfer to DHCS $ 258,481 2. City of Newport Beach Additional 20% State Fee to DHCS $ 51,696 3. Federal Match of City of Newport Beach IGT $ 589,600 4. Increased Capitation Payment from DHCS to CalOptima $ 848,081 5. City of Newport Beach's Initial Contribution (Original transfer + 20% State Fee) $ 310,177 6. Net IGT Transaction Revenue for Orange County $ 537,904 50% Share for City of Newport Beach $ 268,952 50% Share for CalOptima $ 268,952 7. Total Payment to City of Newport Beach $ 579,129 Anticipated Rate of Return for City of Newport Beach 187% NOTE: Updated based on DHCS contracts in Fall 2021 Section 2. CalOptima Member Services Provided from July 1, 2019 through June 30, 2020. Amount 1. Cost of Providing Outpatient Services $ 609,654 2. Payments Received from Health Plan $ 114,671 3. Uncompensated Costs $ 494,983 7-5 ATTACHMENT B RESOLUTION NO. 2021-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY MANAGER, OR DESIGNEES, TO EXECUTE AGREEMENTS AND AMENDMENTS WITH THE DEPARTMENT OF HEALTH CARE SERVICES (DHCS) AND CALOPTIMA TO PARTICIPATE IN THE RATING PERIOD OF JANUARY 1, 2021 THROUGH DECEMBER 31, 2021 MEDI-CAL RATE RANGE INTERGOVERNMENTAL TRANSFER (IGT) PROGRAM WHEREAS, since 2006, the California Department of Health Care Services ("DHCS") has offered local governments that provide health care the opportunity to secure additional Medi—Cal revenues by participating in a voluntary Intergovernmental Transfer ("IGT") Program with their local Medi -Cal managed care plan; WHEREAS, CalOptima is a County Organized Health System ("COHS") created by the Orange County Board of Supervisors to serve as the local Medi -Cal managed care plan for Orange County; WHEREAS, CalOptima contracts with the State of California to administer additional Medi -Cal revenues to qualified public entities to offset previously unreimbursed costs for serving Medi -Cal plan members; WHEREAS, the City of Newport Beach is a public entity that receives payment from CalOptima under a current agreement for the provision of emergency medical transport services to CalOptima members on a fee-for-service basis and has unreimbursed costs associated with providing these services; WHEREAS, participation in the IGT Program with CalOptima represents an opportunity to recover previously unreimbursed costs in an effort to reach full cost recovery for Emergency Medical Services in accordance with Newport Beach Municipal Code Chapter 3.36 (Cost Recovery for User Services); and WHEREAS, the City of Newport Beach has participated in six (6) IGT transactions with transfers totaling One Million Eight Hundred Eighteen Thousand Eight Hundred and Twenty One Dollars and 00/100 ($1,818,821.00) to draw down an additional One Million Twenty Seven Thousand Three Hundred Twenty Eight Dollars and 00/100 ($1,027,328.00) in previously unreimbursed costs. 7-6 Resolution No. 2021 - Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize the Mayor, or designee, to execute (1) an "Intergovernmental Agreement Regarding Transfer of Public Funds" with DHCS regarding the City's transfer of the rating period from January 1, 2021 through December 31, 2021 IGT amount of Two Hundred Fifty Eight Thousand Four Hundred Eighty One Dollars and 00/100 ($258,481.00) and twenty percent (20%) IGT assessment fee of Fifty One Thousand Six Hundred Ninety Six Dollars and 00/100 ($51,696.00); and (2) a "Health Plan -Provider Agreement Intergovernmental Transfer Rate Range Program" agreement with CalOptima regarding the terms upon which the City is paid its previously unreimbursed costs for providing transport services to Medi -Cal plan members plus the additional federal funds made available as a result of participation in the IGT program. Section 2: The City Council does hereby authorize the City Manager, or designee, to execute any amendments to the above referenced (1) "Intergovernmental Agreement Regarding Transfer of Public Funds" and (2) "Health Plan -Provider Agreement Intergovernmental Transfer Rate Range Program" agreement with respect to the term of the agreements and any additional funds or transfer fees, so long as such amendments do not extend the term of such agreements beyond five (5) additional years of their respective termination dates, and any additional funds or transfer fees provided by the City do not exceed One Hundred Twenty Thousand Dollars and 00/100 ($120,000.00). Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 7-7 Resolution No. 2021 - Page 3 of 3 Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 1611 day of November, 2021. Brad Avery Mayor ATTEST: Lellani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE / 6te, — C. # Aan C. Harp City Attorney 7-8 ATTACHMENT C CONTRACT # 21-10182 INTERGOVERNMENTAL AGREEMENT REGARDING TRANSFER OF PUBLIC FUNDS This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES ("DHCS") and the CITY OF NEWPORT BEACH ("GOVERNMENTAL FUNDING ENTITY") with respect to the matters set forth below. The parties agree as follows: AGREEMENT Transfer of Public Funds 1.1 The GOVERNMENTAL FUNDING ENTITY agrees to make a transfer of funds to DHCS pursuant to sections 14164 and 14301.4 of the Welfare and Institutions Code. The amount transferred shall be based on the sum of the applicable rate category per member per month ("PMPM") contribution increments multiplied by member months, as reflected in Exhibit The GOVERNMENTAL FUNDING ENTITY agrees to initially transfer amounts that are calculated using the Estimated Member Months in Exhibit 1, which will be reconciled to actual enrollment for the service period of January 1, 2021 through December 31, 2021 in accordance with Sub -Section 1.3 of this Agreement. The funds transferred shall be used as described in Sub - Section 2.2 of this Agreement. The funds shall be transferred in accordance with the terms and conditions, including schedule and amount, established by DHCS. 1.2 The GOVERNMENTAL FUNDING ENTITY shall certify that the funds transferred qualify for Federal Financial Participation pursuant to 42 C.F.R. part 433, subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, Federal money excluded from use as State match, impermissible taxes, and non -bona fide provider - Template Version - 3/2021 7-9 CONTRACT # 21-10182 related donations. Impermissible sources do not include patient care or other revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding. 1.3 DHCS shall reconcile the "Estimated Member Months," in Exhibit 1, to actual enrollment in HEALTH PLAN(S) for the service period of January 1, 2021 through December 31, 2021 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated enrollment figures become available. Actual enrollment figures will be considered final two years after December 31, 2021. If reconciliation results in an increase to the total amount necessary to fund the nonfederal share of the payments described in Sub -Section 2.2, the GOVERNMENTAL FUNDING ENTITY agrees to transfer any additional funds necessary to cover the difference. If reconciliation results in a decrease to the total amount necessary to fund the nonfederal share of the payments described in Sub -Section 2.2, DHCS agrees to return the unexpended funds to the GOVERNMENTAL FUNDING ENTITY. If DHCS and the GOVERNMENTAL FUNDING ENTITY mutually agree, amounts due to or owed by the GOVERNMENTAL FUNDING ENTITY may be offset against future transfers. 2. Acceptance and Use of Transferred Funds 2.1 DHCS shall exercise its authority under section 14164 of the Welfare and Institutions Code to accept funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to this Agreement as IGTs, to use for the purpose set forth in Sub -Section 2.2. 2.2 The funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to Section 1 and Exhibit 1 of this Agreement shall be used to fund the non-federal share of Medi -Cal Managed Care actuarially sound capitation rates described in section 14301.4(b)(4) 2 Template Version - 3/2021 7-10 CONTRACT # 21-10182 of the Welfare and Institutions Code as reflected in the contribution PMPM and rate categories reflected in Exhibit 1. The funds transferred shall be paid, together with the related Federal Financial Participation, by DHCS to HEALTH PLAN(S) as part of HEALTH PLAN(S)' capitation rates for the service period of January 1, 2021 through December 31, 2021, in accordance with section 14301.4 of the Welfare and Institutions Code. 2.3 DHCS shall seek Federal Financial Participation for the capitation rates specified in Sub -Section 2.2 to the full extent permitted by federal law. 2.4 The parties acknowledge that DHCS will obtain any necessary approvals from the Centers for Medicare and Medicaid Services. 2.5 DHCS shall not direct HEALTH PLAN(S)' expenditure of the payments received pursuant to Sub -Section 2.2. 3. Assessment Fee 3.1 DHCS shall exercise its authority under section 14301.4 of the Welfare and Institutions Code to assess a 20 percent fee related to the amounts transferred pursuant to Section 1 of this Agreement, except as provided in Sub -Section 3.2. GOVERNMENTAL FUNDING ENTITY agrees to pay the full amount of that assessment in addition to the funds transferred pursuant to Section 1 of this Agreement. 3.2 The 20 -percent assessment fee shall not be applied to any portion of funds transferred pursuant to Section 1 that are exempt in accordance with sections 14301.4(d) or 14301.5(b)(4) of the Welfare and Institutions Code. DHCS shall have sole discretion to determine the amount of the funds transferred pursuant to Section 1 that will not be subject to a 20 percent fee. DHCS has determined that $0.00 of the transfer amounts will not be assessed a 20 percent fee, subject to Sub -Section 3.3. ki Template Version - 3/2021 7-11 CONTRACT # 21-10182 3.3 The 20 -percent assessment fee pursuant to this Agreement is non- refundable and shall be wired to DHCS separately from, and simultaneous to, the transfer amounts made under Section 1 of this Agreement. If, at the time of the reconciliation performed pursuant to Sub -Section 1.3 of this Agreement, there is a change in the amount transferred that is subject to the 20 -percent assessment in accordance with Sub -Section 3.1, then a proportional adjustment to the assessment fee will be made. 4. Amendments 4.1 No amendment or modification to this Agreement shall be binding on either party unless made in writing and executed by both parties. 4.2 The parties shall negotiate in good faith to amend this Agreement as necessary and appropriate to implement the requirements set forth in Section 2 of this Agreement. 5. Notices. Any and all notices required, permitted or desired to be given hereunder by one party to the other shall be in writing and shall be delivered to the other party personally or by United States First Class, Certified or Registered mail with postage prepaid, addressed to the other party at the address set forth below: To the GOVERNMENTAL FUNDING ENTITY: Mary Lacey, Administrative Division Manager City of Newport Beach Fire Department 100 Civic Center Drive Newport Beach, CA 92660 mlocey@nbfd.net With copies to: 0 Template Version _ 3/2021 7-12 CONTRACT # 21-10182 City Attorney's Office City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 To DHCS: Vivian Beeck California Department of Health Care Services Capitated Rates Development Division 1501 Capitol Ave., MS 4413 Sacramento, CA 95814 Vivian. Beeckgdhcs. ca. gov 6. Other Provisions 6.1 This Agreement contains the entire Agreement between the parties with respect to the Medi -Cal payments described in Sub -Section 2.2 of this Agreement that are funded by the GOVERNMENTAL FUNDING ENTITY, and supersedes any previous or contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements between the GOVERNMENTAL FUNDING ENTITY and DHCS relating to the subject matter of this Agreement. This Agreement is not, however, intended to be the sole agreement between the parties on matters relating to the funding and administration of the Medi - Cal program. This Agreement shall not modify the terms of any other agreement, existing or entered into in the future, between the parties. 6.2 The non -enforcement or other waiver of any provision of this Agreement shall not be construed as a continuing waiver or as a waiver of any other provision of this Agreement. Template Version - 312021 7-13 CONTRACT 4 21-10182 6.3 Sections 2 and 3 of this Agreement shall survive the expiration or termination of this Agreement. 6.4 Nothing in this Agreement is intended to confer any rights or remedies on any third party, including, without limitation, any provider(s) or groups of providers, or any right to medical services for any individual(s) or groups of individuals. Accordingly, there shall be no third party beneficiary of this Agreement. 6.5 Time is of the essence in this Agreement. 6.6 Each party hereby represents that the person(s) executing this Agreement on its behalf is duly authorized to do so. 7. State Authority. Except as expressly provided herein, nothing in this Agreement shall be construed to limit, restrict, or modify the DHCS' powers, authorities, and duties under Federal and State law and regulations. Approval. This Agreement is of no force and effect until signed by the parties. Term. This Agreement shall be effective as of January 1, 2021 and shall expire as Of June 30, 2024 unless terminated earlier by mutual agreement of the parties. SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last signature below. THE CITY OF NEWPORT BEACH: Date: Brad Avery, Mayor Template Version - 312021 APPROVED AS TO FORM: CITY ATT ;RNEY'SOLFFIE n C�eity Attorney 6 7-14 CONTRACT # 21-10182 THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES: Date: Rafael Davtian, Division Chief, Capitated Rates Development Division Template Version - 3/2021 7-15 CONTRACT # 21-10182 Exhibit 1 Health Plan: CalOptima Rating Region: Orange Service Period 1/2021-12/2021 Rate Category Contribution PMPM Estimated Member Months* Estimated Contribution (Non - Federal Share) Child - non MCI -UP $ 0.02 2,432,076 $ 48,642 Child - MCI -UP $ 0.01 1,276,065 $ 12,761 Adult - non MCHIP (non -CCI) $ 0.05 1,237,366 $ 61,868 Adult - MCI -UP (non -CCI) $ 0.03 31,903 $ 957 ACA Optional Expansion $ 0.01 3,297,759 $ 32,978 SPD $ 0.11 494,384 $ 54,382 SPD/Full-Dual (non -CCI) $ 0.03 24,161 $ 725 LTC $ 1.09 17,540 $ 19,119 Whole Child Model $ 0.24 112,706 $ 27,049 Estimated Total 8,923,960 1 $ 258,481 * Note that Estimated Member Months are subject to variation, and the actual total Contribution (Non -Federal Share) may differ from the amount listed here. Template Version - 3/2021 7-16 ATTACHMENT D HEALTH PLAN -PROVIDER AGREEMENT INTERGOVERNMENTAL TRANSFER RATE RANGE PROGRAM AGREEMENT This Agreement is made this 1st day of November, 2021, by and between CALOPTIMA, a California public agency hereinafter referred to as "PLAN", and City of Newport Beach, a California municipal corporation and charter city operating through its Fire Department, hereinafter referred to as "PROVIDER". RECITALS: WHEREAS, PLAN is a public agency formed pursuant to California Welfare and Institutions Code Section 14087.54 and Orange County Ordinance No. 3896 as amended by Ordinance Nos. 00-8, 05-008, 06-012, 09-001, 11-013, 14-002 and 16-001, and is party to a Medi -Cal managed care contract with DHCS, entered into pursuant to Welfare and Institutions Code Section 14087.3, under which PLAN arranges and pays for the provision of covered Medi -Cal health care services to eligible Medi -Cal members residing in Orange County; WHEREAS, PROVIDER is a public healthcare provider of emergency ambulance transport services, which is a covered Medi -Cal health care service, to persons enrolled with Medi -Cal Managed Care Health Plan Providers, including PLAN; WHEREAS, PLAN and PROVIDER desire to enter into this Agreement to provide for Medi -Cal managed care capitation rate increases to PLAN as a result of intergovernmental transfers ("IGTs") from the City of Newport Beach (GOVERNMENTAL FUNDING ENTITY) to the California Department of Health Care Services ("State DHCS") to maintain the availability of Medi -Cal health care services to Medi -Cal beneficiaries. NOW, THEREFORE, PLAN and PROVIDER hereby agree as follows: IGT MEDI-CAL MANAGED CARE CAPITATION RATE RANGE INCREASES 1. IGT Cavitation Rate Range Increases to PLAN A. Payment Should PLAN receive any Medi -Cal managed care capitation rate increases from State DHCS where the nonfederal share is funded by the GOVERNMENTAL FUNDING ENTITY specifically pursuant to the provisions of the Intergovernmental Agreement Regarding Transfer of Public Funds, #21- 10182, ("Intergovernmental Agreement") effective for the period of January 1, 2021 through December 31, 2021 for Intergovernmental Transfer Medi -Cal Managed Care Rate Range Increases ("IGT MMCRRIs"), PLAN shall pay to PROVIDER the amount of the IGT MMCRRls received from State DHCS, in accordance with paragraph LE below regarding the form and timing of Local Medi -Cal Managed Care Rate Range ("LMMCRR") IGT Payments. LMMCRR IGT Payments paid to PROVIDER shall not replace or supplant any other amounts paid or payable to PROVIDER by PLAN. For purposes of this Agreement, the phrase "GOVERNMENTAL FUNDING ENTITY" shall have the same meaning as in the Intergovernmental Agreement. B. Health Plan Retention (1) a. PLAN shall retain 31.71 percent from the Medi -Cal managed care rate increases paid to PLAN by DHCS as described in this agreement prior to disbursing LMMCRR IGT Payments to PROVIDER. The retained funds will be expended by PLAN for Covered Services under PLAN's contract with DHCS for Medi -Cal, in either the State fiscal year received, or in subsequent State fiscal years, as appropriated by the CalOptima Board of Directors. City of Newport Beach_IGT Funder Agreement_IGT I I _CI 1342133AA 7-17 Each provider's share of the retained funds shall be calculated based on the provider's proportionate share of the LMMCRR IGT payment made by PLAN in Orange County. b. The amounts referenced in this agreement are estimates. The parties understand and agree that the total amount of the Medi -Cal managed care capitation rate increases paid by DHCS to PLAN may fluctuate as a result of enrollment. The parties further understand and agree that any such fluctuations will likewise affect the amount to be retained by the PLAN and the amount payable to PROVIDER by the same percentage as the variance in the capitation rate increases, if any. (2) PLAN will not retain any other portion of the IGT MMCRRIs received from the State DHCS other than those mentioned above. C. Conditions for Receiving Local Medi -Cal Managed Care Rate Range IGT Payments As a condition for receiving LMMCRR IGT Payments, PROVIDER shall, as of the date the particular LMMCRR IGT Payment is due: (1) continue to provide emergency transport services to PLAN Members promptly and in a manner which ensures access to care consistent with PROVIDER's regular business practices for providing such services; and (2) not discriminate against PLAN Members or in any way impose limitations on the acceptance of PLAN Members for care or treatment that are not imposed on other patients of PROVIDER. D. Schedule and Notice of Transfer of Non -Federal Funds 1. PROVIDER shall provide PLAN with a copy of the schedule regarding the transfer of funds to State DHCS referred to in the Intergovernmental Transfer Agreement within fifteen (15) calendar days of establishing such schedule with State DHCS. Additionally, PROVIDER shall notify PLAN, in writing, no less than seven (7) calendar days prior to any changes to an existing schedule, including but not limited to, changes to the amounts specified therein. 2. PROVIDER shall provide PLAN with written notice of the amount and date of the transfer within seven (7) calendar days after funds have been transferred to State DHCS for use as the nonfederal share of any IGT MMCRRIs. E. Form and Timing of Payments PLAN agrees to pay LMMCRR IGT Payments to PROVIDER in the following form and according to the following schedule: (1) PLAN agrees to pay the LMMCRR IGT Payments to PROVIDER using the same mechanism through which compensation and payments are normally paid to PROVIDER (e.g., electronic transfer). (2) PLAN will pay the LMMCRR IGT Payments to PROVIDER no later than thirty (30) calendar days after receipt of the IGT MMCRRIs from State DHCS. F. Consideration (1) As consideration for the LMMCRR IGT Payments, PROVIDER shall use the LMMCRR IGT Payments for the following purposes and shall treat the LMMCRR IGT Payments in the following manner: (a) The LMMCRR IGT Payments shall represent compensation for emergency ambulance services rendered to Medi -Cal PLAN members by PROVIDER between January 1, 2021, and December 31, 2021, and shall be used by PROVIDER solely to fund the costs that exceed the fee-for-service rates paid by Medi -Cal PLAN for covered services provided to Medi -Cal PLAN Members during that period. City of Newport Beach_IGT Funder Agreement_I I _10004630AA 7-18 (b) To the extent that total payments received by PROVIDER for any State fiscal year under this Agreement exceed the cost of Covered Services provided to Medi -Cal PLAN members by PROVIDER during that fiscal year, any remaining LMMCRR IGT Payment amounts shall constitute an overpayment, and shall by returned to Medi -Cal PLAN pursuant to the provisions of Section l.K., below (2) Both parties agree that none of these funds, either from the GOVERNMENTAL FUNDING ENTITY or federal matching funds will be recycled back to the GOVERNMENTAL FUNDING ENTITY'S general fund, the State, or any other intermediary organization. Payments made by the health plan to providers under the terms of this Agreement constitute patient care revenues. G. PLAN's Oversight Responsibilities PLAN's oversight responsibilities regarding PROVIDER's use of the LMMCRR IGT Payments shall be limited as described in this paragraph. PLAN shall request, within thirty (30) calendar days after the end of each State fiscal year in which LMMCRR IGT Payments were transferred to PROVIDER, a written confirmation that states whether and how PROVIDER complied with the provisions set forth in Paragraph 1.F above. In each instance, PROVIDER shall provide PLAN with written confirmation of compliance within thirty (30) calendar days of PLAN's request. H. Cooperation Among Parties Should disputes or disagreements arise regarding the ultimate computation or appropriateness of any aspect of the LMMCRR IGT Payments, PROVIDER and PLAN agree to work together in all respects to support and preserve the LMMCRR IGT Payments to the full extent possible on behalf of the safety net in Orange County. I. Reconciliation Within one hundred twenty (120) calendar days after the end of each of PLAN's fiscal years in which LMMCRR IGT Payments were made to PROVIDER, PLAN shall perform a reconciliation of the LMMCRR IGT Payments transmitted to the PROVIDER during the preceding fiscal year to ensure that the supporting amount of IGT MMCRRIs were received by PLAN from State DHCS. PROVIDER agrees to return to PLAN any overpayment of LMMCRR IGT Payments made in error to PROVIDER within thirty (30) calendar days after receipt from PLAN of a written notice of the overpayment error, unless PROVIDER submits a written objection to PLAN. Any such objection shall be resolved in accordance with the dispute resolution process set forth in Section I.H. The reconciliation processes established under this paragraph are distinct from the indemnification provisions set forth in Paragraph IJ below. PLAN agrees to transmit to the PROVIDER any underpayment of LMMCRR IGT Payments within thirty (30) calendar days of PLAN's identification of such underpayment. J. Indemnification PROVIDER agrees to and acknowledges the following: (1) PLAN has no obligation to make any payments hereunder until PLAN has received IGT MMCRRIs from State DHCS; (2) that PLAN is not responsible for State DHCS payments to PLAN, including any mathematical calculations made by DHCS; (3) PLAN is not responsible for the timing of the payments from DHCS to PLAN (including the conditions precedent to the timing of such payments which includes the timing of DHCS submission to CMS and/or CMS review and approval). In addition, PLAN and PROVIDER agree and acknowledge that nothing herein is intended to create an obligation on the part of PLAN to agree to delays in capitation payment(s) from State DHCS in order to accommodate this IGT; and City of Newport Beach IGT Funder Agreement_I I _10004630AA 7-19 (4) In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. K. Overpayments and CalOptima Riaht to Recover PROVIDER has an obligation to report any overpayment identified by PROVIDER, and to repay such overpayment to CalOptima within sixty (60) days of such identification by PROVIDER, or of receipt of notice of an overpayment identified by CalOptima. PROVIDER acknowledges and agrees that, in the event that CalOptima determines that an amount has been overpaid or paid in duplicate, or that funds were paid which were not due under this Contract to PROVIDER, CalOptima shall have the right to recover such amounts from PROVIDER by recoupment or offset from current or future amounts due from CalOptima to PROVIDER, after giving notice and an opportunity to return/pay such amounts. This right to recoupment or offset shall extend to any amounts due from PROVIDER to CalOptima, including, but not limited to, amounts due because of overpayments as described in the provisions of this agreement. 2. Term The term of this agreement shall commence on January 1, 2021 and shall terminate on June 30, 2024. SIGNATi)RF S HEALTH PLAN: CalOptima PROVIDER: City of Newport Beach By: Brad Avery, Mayor ATTEST: Leilani 1. Brown, City Clerk APPROVED AS TO FORM. C. Date: Date: Date: Date: ( City of Newport Beach—IGT Funder Agreement_l 1 _] 0004630AA 7-20 Po' T y1 l' City of Newport Beach r � BUDGET AMENDMENT 2021-22 Department: Fire ONETIME: PlYes [::.No Requestor: Mary Locey ❑ CITY MANAGER'S APPROVAL ONLY Finance Director• D COUNCIL APPROVAL REQUIRED City Clerk: ATTACHMENT E BA#: 22-021 Approvals -� Date Q/ m Date EXPLANATION FOR REQUEST: To increase revenue estimates and expenditure appropriations related to the Medi -Cal Intergovernmental Transfer (IGT) ❑ from existing budget appropriations Program. ❑✓ from additional estimated revenues Q from unappropriated fund balance Federal funds received are used to offset previously unreimbursed costs for providing Medi -Cal plan members emergency medical and transport services. REVENUES Fund # Org Object Project Description Increase or (Decrease) $ 010 01040404 431246 EMERGENCY MEDICAL SERVICES - MEDI-CAL IGT 579,129.00 Subtotal $ 579,129.00 EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 010 01040404 821008 EMERGENCY MEDICAL SERVICES - MEDI-CAL IGT 310,177.00 Subtotal; $ 310,177.00 - FUND BALANCE Fund # Object Description Increase or (Decrease) $ 010 300000 GENERAL FUND - FUND BALANCE CONTROL 268,952.00 Subtotal $ 268,952.00 Fund Balance Change Required 7-21