HomeMy WebLinkAboutFD Intergovernmental Transfer 2016 DHCS; Amendment 1CONTRACT # 16-93710 Al
INTERGOVERNMENTAL TRANSFER ASSESSMENT FEE
This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE
SERVICES ("State DHCS") and the City of San Rafael (GOVERNMENTAL FUNDING ENTITY) with
respect to the matters set forth below.
RECITALS
A. This Agreement is made pursuant to the authority of Welfare & Institutions Code, section
14301.4.
THEREFORE, the parties agree as follows:
AGREEMENT
Transfer of Public Funds
1.1 GOVERNMENTAL FUNDING ENTITY shall make Intergovernmental
Transfer(s) ("IGTs") to State DHCS pursuant to section 14164 of the Welfare and Institutions Code and
paragraph 1.1 of the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds contract
number 16-93679 Al, to be used as a portion of the non-federal share of actuarially sound Medi -Cal
managed care rate range capitation increases ("non-federal share IGT") to HEALTH PLAN (Partnership
HealthPlan of California) for the periods of July 1, 2015 to June 30, 2016 and July 1, 2016 to June 30,
2017
1.2 The parties acknowledge that State DHCS will obtain any necessary approvals
from the Centers for Medicare and Medicaid Services ("CMS") pertaining to the acceptance of non-
federal share IGTs and the payment of non-federal share IGT related rate range capitation increases to
HEALTH PLAN.
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2. Intergovernmental Transfer Assessment Fee
2.1 The State DHCS shall, upon acceptance of non-federal share IGTs pursuant to the
Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as described in paragraph 1
of this Agreement, exercise its authority under section 14301.4 of the Welfare and Institutions Code to
assess a 20 -percent assessment fee on the entire amount of the non-federal share IGTs to reimburse State
DHCS for the administrative costs of operating the IGT program pursuant to this section and for the
support of the Medi -Cal program.
2.2 The funds subject to the 20 -percent assessment fee shall be limited to non-federal
share IGTs made by the transferring entity, GOVERNMENTAL FUNDING ENTITY, pursuant to the
Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as described in paragraph 1
of this Agreement.
2.3 The 20 -percent fee will be assessed on the entire amount of the non-federal share
IGTs pursuant to the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as
described in paragraph 1 of this Agreement, and will be made in addition to, and transferred separately
from, the transfer of funds pursuant to the Intergovernmental Agreement(s) Regarding the Transfer of
Public Funds.
2.4 The 20 -percent assessment fee pursuant to this Agreement is non-refundable and
shall be wired to State DHCS separately from, and simultaneous to, the non-federal share IGTs pursuant
to the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as described in
paragraph 1 of this Agreement. However, if any portion of the non-federal share IGTs is not expended for
the specified rate increases stated in paragraph 2.2 of the Intergovernmental Agreement(s) Regarding the
Transfer of Public Funds, DHCS shall return a proportionate amount of the 20 -percent assessment fee to
the GOVERNMENTAL FUNDING ENTITY.
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Other Provisions
3.1 This Agreement contains the entire Agreement between the parties with respect to
the 20 -percent assessment fee on non-federal share IGTs pursuant to the Intergovernmental Agreement(s)
Regarding the Transfer of Public Funds, and as described in paragraph 1, and supersedes any previous or
contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements
between the GOVERNMENTAL FUNDING ENTITY and State DHCS. 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. One or more other agreements may exist between the parties
regarding such other matters, and other agreements may be entered into in the future. This Agreement
shall not modify the terms of any other agreement between the parties.
3.2 Time is of the essence in this Agreement.
3.3 Each party hereby represents that the person(s) executing this Agreement on its
behalf is duly authorized to do so.
4. State Authority. Except as expressly provided herein, nothing in this Agreement shall be
construed to limit, restrict, or modify State DHCS' powers, authorities, and duties under federal and state
law and regulations.
5. Approval. This Agreement is of no force and effect until signed by the parties.
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SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last
signature below.
THE CITY OF SAN RAFAEL
By.. G Date: ( /
Jim Schutz, City Manager, City of San Rafael
THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES:
By:
Date: r,11311
Jennifer Lopez, Aefing Division Chief, Capitated Rates Development Division
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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 San Rafael (GOVERNMENTAL FUNDING ENTITY) with
respect to the matters set forth below.
RECITALS
A. This Agreement is made pursuant to the authority of Welfare & Institutions Code, sections
14164 and 14301.4.
B. The Partnership HealthPlan of California (HEALTH PLAN) is a County Organized Health
System formed pursuant to Welfare and Institutions Code section 14087.54 and County Code Chapter
7.58, County Code Chapter 2.45, County Code Chapter 2, Title 2, and County Code Chapter 34.
HEALTH PLAN is a party to a Medi -Cal managed care contract with DHCS, entered into pursuant to
Welfare and Institutions Code section 14087.3, under which HEALTH PLAN arranges and pays for the
provision of covered Medi -Cal health care services to eligible Medi -Cal members residing in the County.
THEREFORE, the parties agree as follows:
AGREEMENT
1. Transfer of Public Funds
1.1 The GOVERNMENT FUNDING ENTITY shall transfer funds to DHCS pursuant
to sections 14164 and 14301.4 of the Welfare and Institutions Code, up to a maximum total amount of
Two Hundred Thirty Six Thousand, Nine Hundred Seventy Five Dollars ($236,975) for the period of
July 1, 2015 through June 30, 2016, and a maximum total amount of Two Hundred Fifty One Thousand,
Nine Hundred Seventy Two Dollars ($251,972) for the period of July 1, 2016 through June 30, 2017, to
be used solely as a portion of the nonfederal share of actuarially sound Medi -Cal managed care capitation
rate increases for HEALTH PLAN for the periods of July 1, 2015 through June 30, 2016, and July 1, 2016
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through June 30, 2017 as described in section 2.2 below. The funds shall be transferred in accordance
with a mutually agreed upon schedule between the GOVERNMENTAL FUNDING ENTITY and DHCS,
in the amounts specified therein.
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 -related donations. For transferring
units of government that are also direct service providers, 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.
2. Acceptance and Use of Transferred Funds by DIICS
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 intergovernmental transfers ("IGTs"), to use for the purpose set forth in section 2.2
below.
2.2 The funds transferred by the GOVERNMENTAL FUNDING ENTITY pursuant to
this Agreement shall be used to fund a portion of the nonfederal share of increases in Medi -Cal managed
care actuarially sound capitation rates described in paragraph (4) of subdivision (b) of section 14301.4 of
the Welfare and Institutions Code and shall be paid, together with the related federal financial
participation, by DHCS to HEALTH PLAN as part of HEALTH PLAN'S capitation rates for the periods
of July 1, 2015 through June 30, 2016 and July 1, 2016 through June 30, 2017. The rate increases paid
under section 2.2 shall be used for payments related to Medi -Cal services rendered to Medi -Cal
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beneficiaries. The rate increases paid under this section 2.2 shall be in addition to, and shall not replace or
supplant, all other amounts paid or payable by DHCS or other State agencies to HEALTH PLAN.
2.3 DHCS shall seek federal financial participation for the rate increases specified in
section 2.2 to the full extent permitted by federal law.
2.4 The parties acknowledge the State DHCS will obtain any necessary approvals
from the Centers for Medicare and Medicaid Services prior to the payment of any rate increase pursuant
to section 2.2.
2.5 The parties agree that none of these funds, either GOVERNMENTAL FUNDING
ENTITY or federal matching funds will be recycled back to the GOVERMENTAL 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 and their provider agreement constitute
patient care revenues.
2.6 Within One Hundred Twenty (120) calendar days of the execution of this
Agreement, DHCS shall advise the GOVERNMENTAL FUNDING ENTITY and HEALTH PLAN of the
amount of the Medi -Cal managed care capitation rate increases that DHCS paid to HEALTH PLAN
during the applicable rate year involving any funding under the terms of this Agreement.
2.7 If any portion of the funds transferred by the GOVERNMENTAL FUNDING
ENTITY pursuant to this Agreement is not expended for the specified rate increases under Section 2.2,
DHCS shall return the unexpended funds to the GOVERNMENTAL FUNDING ENTITY.
3. Amendments
3.1 No amendment or modification to this Agreement shall be binding on either party
unless made in writing and executed by both parties.
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3.2 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.
4. 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:
Chris Gray
Fire Chief
The City of San Rafael Fire Department
1600 Los Gamos Drive Suite #345
San Rafael, Ca 94903
chris. ray(ccityofsanrafael.org
With copies to:
Jim Schutz
City Manager
City of San Rafael
1400 5th Ave
San Rafael, Ca 94901
j im.schutzacityofsanrafael.org
Gamlyn Stewart Jeff Ingram, Director, FP&A
Partnership HealthPlan of California
4665 Business Center Drive
Fairfield, CA 94534
jingram a,partnershiphp.org
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To DHCS:
CONTRACT # 16-93679 Al
Sandra Dixon
California Department of Health Care Services
Capitated Rates Development Division
1501 Capitol Ave., Suite 71-4002
MS 4413
Sacramento, CA 95814
Sandra.Dixon@dhcs.ca.gov
Other Provisions
5.1 This Agreement contains the entire Agreement between the parties with respect to
the Medi -Cal rate increases for HEALTH PLAN described in section 2.2 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. 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. One or more other agreements already exist between the parties regarding such other
matters, and other agreements may be entered into in the future. This Agreement shall not modify the
terms of any other agreement between the parties.
5.2 The nonenforcement 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.
Agreement.
5.3 Section 2 of this Agreement shall survive the expiration or termination of this
5.4 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.
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5.5 Time is of the essence in this Agreement.
5.6 Each party hereby represents that the person(s) executing this Agreement on its
behalf is duly authorized to do so.
6. 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.
7. Approval. This Agreement is of no force and effect until signed by the parties.
8. Term. This Agreement shall be effective as of July 1, 2015 and shall expire as of
une 30, 20 W December 31, 2020 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 SAN RAFAEL
By: Date: LI,.1y ` I
Jim utz, City Manager, City of San Rafael
THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES:
By:
Date.
�CI:; -�-' l 2
Jennifer Lopez, Acting Division Chief, Capitated Rates Development Division
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