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HomeMy WebLinkAbout13-105AGREEMENT REGARDING CERTIFIED PUBLIC EXPENDITURES FOR COUNTY JAIL "PATIENT INMATES" BY AND BETWEEN BUTTE COUNTY AND COUNTY MEDICAL SERVICES PROGRAM GOVERNING BOARD WHEREAS, the County Medical Services Program ("CMSP") and Path2Health, a low income health program administered by the CMSP Governing Board ("Path2Health"), provide health coverage for low- income, indigent adults in 35, primarily rural, California counties. WHEREAS, County seeps to claim federal Medicaid financial participation funds from the Centers for Medicare and Medicaid {"CMS") as a result of certain federal flexibilities granted by CMS in its California Bridge to Reform Demonstration, 11-W-0019319, under the 1115 Demonstration Waiver Special Terms and Conditions, amended February 1, 2010 ("Amended STC"). WHEREAS, County has determined that federal Medicaid financial participation funds are available from CMS by claiming federal Medicaid financial participation for County's unreimbursed expenditures for services provided to County jail inmates under the Amended STC and pursuant to Penal Code section 5072 and Welfare and Institutions Code section 14053.7 for Low Income Health Program (LIHP) participation. WHEREAS, County and CMSP Governing Board ("Governing Board") acknowledge that County jail inmates are considered incarcerated and therefore are not eligible for Path2Health. At the same time, County and Governing Board acknowledge that certain jail inmates may be eligible under Path2Health for coverage of qualifying inpatient hospital services during such inmate's incarceration when inpatient hospital services have been provided by a community hospital that is off the grounds of the County jail facility. WHEREAS, County and Governing Board seek to enter into the Agreement Regarding Certified Public Expenditures for County Jail "Patient Inmates" {"CPE Agreement") for the Governing Board to assist County to obtain federal Medicaid funding for County's unreimbursed expenditures for inpatient hospital services provided to County jail inmates that are determined eligible for coverage of qualifying inpatient hospital services under Path2Health; provided, however, that CPE Agreement applies only to County's unreimbursed expenditures for services provided to such County jail inmates commencing July 1, 2413, and ending December 31, 2013. WHEREAS, County and Governing Board agree that a separate process for enrollment of jail inmates in Path2Health for coverage of qualifying inpatient hospital services will be established under the terms of the CPE Agreement. Page 1 of 2 RESOLUTION APPROVING WHEREAS, the Governing Board seeks to assist County but requires County's assurances and agreement that none of the Governing Board, its members, officers, employees, agents or any county that has elected to participate in CMSP and Path2Health pursuant to California Welfare and Institutions Code Section 16809, et seq. (a "CMSP County"), exclusive of County, shall have any expense or liability as a result of or arising from the CPE Agreement. WHEREAS, County acknowledges and agrees that none of the Governing Board, its members, officers, employees, agents or any CMSP County (exclusive of County) shall have any expense or liability as a result of or arising from the CPE Agreement. WHEREAS, County and the Governing Board acknowledge that the Governing Board would not have entered into the CPE Agreement without receiving the promises and obligations of County pursuant to the terms of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the County of Butte Board of Supervisors hereby resolves that: 1. The CPE Agreement attached hereto as Exhibit i and incorporated herein is hereby authorized and approved. 2. Cathi Grams, Director of Employment and Social Services is hereby duly authorized and directed to sign the Contract on behalf of County. 3. Cathi Grams, Director of Employment and Social Services is further duly authorized to take all action necessary by County to enter rota the Contract on behalf of County. PASSED AND ADOPTED by the Butte County Board of Supervisors this 30a' day of July, 2013 by the following vote: AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly NOES: None ABSENT: None ~ ~ NOT VOTING: None BILL CONNELLY, Chair Butte County Board of Supervisors ATTEST: ~~ By: ~ ~ ' '~ ~~- Paul Hahn, lief A inistrative Of cer and Clerk o~ the Board of Supervisors Page 2 of 2