Miami-Dade Legislative Item
File Number: 071144
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File Number: 071144 File Type: Resolution Status: Adopted
Version: 0 Reference: R-479-07 Control: County Commission
File Name: MEDICARE AND MEDICAID SERVICES PROPOSED RULE Introduced: 4/12/2007
Requester: NONE Cost: Final Action: 4/24/2007
Agenda Date: 4/24/2007 Agenda Item Number: 11A58
Notes: Title: RESOLUTION OPPOSING THE CENTERS FOR MEDICARE AND MEDICAID SERVICES (''CMS'') PROPOSED RULE REGARDING THE MEDICAID PROGRAM; URGING THE SECRETARY OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE ACTING ADMINISTRATOR OF CMS TO NOT IMPLEMENT A FINAL RULE; AND SUPPORTING SENATE BILL INTRODUCED BY U.S. SENATOR MEL MARTINEZ AND HOUSE BILL INTRODUCED BY U.S. CONGRESSWOMAN ILEANA ROS-LEHTINEN AND U.S. CONGRESSMAN RON KLEIN, WHICH WOULD PROVIDE FOR A TWO-YEAR BAN ON THE RULE [SEE ORIGINAL ITEM UNDER FILE NO. 071017]
Indexes: NONE
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/24/2007 11A58 Adopted P

County Attorney 4/12/2007 Assigned Eugene Shy 4/12/2007

Budget and Finance Committee 4/10/2007 2C Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Benitez read the foregoing proposed resolution into the record. He read Chairman Barreiro’s requested amendment to this proposed resolution. It was moved by Commissioner Diaz that this proposed resolution be forwarded to the County Commission with a favorable recommendation, with committee amendment(s) to add a sentence at the end of Section 1 with the following language: "the proposed rule also negatively impacts other hospitals serving the community, such as Miami Children's Hospital, in that case, by an estimated $3100." This motion was seconded by Commissioners Sosa. Commissioners Gimenez, Diaz, Souto, Sorenson, Sosa, and Chairman Martinez asked that they be listed as co-sponsors. Hearing no other questions or comments, the Committee proceeded to vote. Chairman Martinez noted he would prepare a memorandum requesting that Chairman Barreiro waive the Board's Rules and Procedures to allow this proposed resolution to be considered on April 24, 2007.

Legislative Text


TITLE
RESOLUTION OPPOSING THE CENTERS FOR MEDICARE AND MEDICAID SERVICES (“CMS”) PROPOSED RULE REGARDING THE MEDICAID PROGRAM; URGING THE SECRETARY OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE ACTING ADMINISTRATOR OF CMS TO NOT IMPLEMENT A FINAL RULE; AND SUPPORTING SENATE BILL INTRODUCED BY U.S. SENATOR MEL MARTINEZ AND HOUSE BILL INTRODUCED BY U.S. CONGRESSWOMAN ILEANA ROS-LEHTINEN AND U.S. CONGRESSMAN RON KLEIN, WHICH WOULD PROVIDE FOR A TWO-YEAR BAN ON THE RULE

BODY
WHEREAS, on January 18, 2007, the Centers for Medicare and Medicaid Services (“CMS”), within the Department of Health and Human Services, published a proposed rule entitled “Medicaid Program; Cost Limit for Providers Operated by Units of Government and Provisions to Ensure the Integrity of Federal and State Financial Partnership”, 72 Fed. Reg. 2236 (Jan. 18, 2007) (to be codified at 42 CFR Parts 433, 447 and 457) (“Proposed Rule”), with a public comment period on all issues set forth in the Proposed Rule ending March 19, 2007; and
WHEREAS, the Proposed Rule, implemented as a final rule, will have the effect of cutting Medicaid payments to safety net providers (such as the Jackson Health System) by an estimated $3.8 billion over five years, and, specifically, the impact of the Proposed Rule as it pertains to Jackson Health System will be a reduction of approximately $129 million in funding, therefore severely impacting the provision of health care services to the low-income, uninsured and vulnerable residents of Miami-Dade County; and
WHEREAS, during the public comment period, Jackson Health System submitted its comments in opposition to the Proposed Rule; and
WHEREAS, this Commission opposes the Proposed Rule because it is too onerous to Jackson Health System and the low-income, uninsured and vulnerable residents of Miami-Dade County; and
WHEREAS, U.S. Senator Mel Martinez and U.S. Congresswoman Ileana Ros-Lehtinen and U.S. Congressman Ron Klein introduced bills that would place a two-year ban on the Proposed Rule,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The Board opposes the Proposed Rule and urges the Secretary of the U.S. Department of Health and Human Services and the Acting Administrator of the Centers for Medicare and Medicaid Services to not implement a final rule based upon the Proposed Rule because any such rule would be too onerous to Jackson Health System and the low-income, uninsured and vulnerable residents of Miami-Dade County. In addition, this Board supports the Senate and House bills introduced by U.S. Senator Mel Martinez and U.S. Congresswoman Ileana Ros-Lehtinen and U.S. Congressman Ron Klein that would place a two-year ban on the Proposed Rule. The Proposed Rule also negatively impacts other hospitals servicing the community such as Miami Children's Hospital, in that case, by an estimated $30 million.
Section 2. The Clerk of the Board is directed to transmit a certified copy of this resolution to the Secretary, Acting Administrator and the members of Florida’s Congressional delegation.



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