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RESOLUTION JOINING OTHER COUNTIES AND THE FLORIDA ASSOCIATION OF COUNTIES IN FILING A LAWSUIT CHALLENGING THE MEDICAID COUNTY REVENUE SHARING MANDATE ENACTED BY THE FLORIDA LEGISLATURE IN CHAPTER 2012-33, LAWS OF FLORIDA (HB 5301); APPROVING MIAMI-DADE COUNTY BEING A NAMED PLAINTIFF IN THE LAWSUIT; AUTHORIZING THE COUNTY ATTORNEYS OFFICE TO PARTICIPATE IN THE LAWSUIT AND TAKE ALL ACTIONS NECESSARY RELATED TO THE LAWSUIT; APPROVING AN ALLOCATION OF $5,000 TO THE FLORIDA ASSOCIATION OF COUNTIES TO FUND MIAMI-DADE COUNTY�S SHARE OF THE LAWSUIT

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WHEREAS, in 1972, the Florida Legislature enacted legislation requiring counties to pay for a portion of the state�s Medicaid responsibility; and
WHEREAS, this mechanism provided each county individual Medicaid bill for residents of the county and allowed each county to review and reject Medicaid bills for people who were not residents of the county; and
WHEREAS, since 2008, significant problems have arisen with the state�s Medicaid billing system, and the state now claims that counties collectively owe the state as much as $325 million in back billings, although the billing system contains many flaws and includes the same Medicaid billings resubmitted to counties as re-billings multiple times; and
WHEREAS, during the 2012 Regular Session, the Florida Legislature enacted Chapter 2012-33, Laws of Florida (HB 5301), which changed the county Medicaid billing system to provide that the state would collect the county share of Medicaid billings through an automatic withholding of county revenue sharing and sales tax distributions; and
WHEREAS, Chapter 2012-33 also required automatic withholding of county revenue sharing for backlog billings going back to 2001; and
WHEREAS, while estimates have varied, Chapter 2012-33 could cost Miami-Dade County as much as $31 million over the next few fiscal years; and
WHEREAS, on April 12, 2012, the Board of Directors of the Florida Association of Counties (�FAC�) voted to authorize the filing of a lawsuit challenging the constitutionality of Ch. 2012-33, Laws of Florida as an unfunded mandate, among other legal arguments; and
WHEREAS, FAC envisions filing the lawsuit against the State of Florida Agency for Healthcare Administration (�AHCA�), which is the state agency that manages the state�s Medicaid program; and
WHEREAS, Leon, Manatee, Pasco, Polk and Seminole Counties already have voted to join with the FAC lawsuit, which would be filed in the 2nd Judicial Circuit in Leon County in the coming weeks; and
WHEREAS, FAC has asked counties to contribute on a voluntary basis a flat fee based on population, with large urban counties contributing $5,000 each medium counties $3,500 and small rural counties $1,000 each, with FAC covering any shortfall from contributions received; and
WHEREAS, this Board desires to join other counties and FAC in filing a lawsuit to challenge Chapter 2012-33 and make a voluntary contribution $5,000 in support of the lawsuit; and
WHEREAS, in 2004, this Board passed Resolution No. 1126-04 supporting FAC in challenging Chapter 2004-263 (SB 2564), which was a bill that shifted from the state to counties the cost of predisposition juvenile detention required counties,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Joins Leon, Manatee, Pasco, Polk, Seminole and other counties, along with the Florida Association of Counties in filing a lawsuit challenging the Medicaid county revenue sharing mandate enacted in Chapter 2012-33, Laws of Florida, HB 5301.
Section 2. Approves Miami-Dade County being a named plaintiff in the lawsuit along with other counties and the Florida Association of Counties.
Section 3. Authorizes the County Attorneys Office to participate in the lawsuit and take all actions necessary related to the lawsuit.
Section 4. Approves the allocation of $5,000 from the Miscellaneous Operating line item of the Non-departmental Countywide General Fund to the Florida Association of Counties to help fund a legal challenge of Chapter 2012-33.