Miami-Dade
Legislative Item File Number: 131400 |
Printable PDF Format Clerk's Official Copy |
File Number: 131400 | File Type: Resolution | Status: Adopted | ||||||||
Version: 0 | Reference: R-591-13 | Control: Board of County Commissioners | ||||||||
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Requester: NONE | Cost: | Final Action: 7/2/2013 | ||||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 7/2/2013 | 14A1 | Adopted | P | |||
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Office of the Chairperson | 7/1/2013 | Additions | |||||
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County Attorney | 7/1/2013 | Referred | Health & Social Services Committee | ||||
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County Attorney | 7/1/2013 | Assigned | Eugene Shy | ||||
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Legislative Text |
TITLE RESOLUTION AUTHORIZING THE PUBLIC HEALTH TRUST TO DESIGNATE THE INDIANAPOLIS LAW FIRM OF HALL, RENDER, KILLIAN, HEATH & LYMAN, P.C. AS OUTSIDE LEGAL COUNSEL TO REPRESENT THE PUBLIC HEALTH TRUST FOR PURPOSES OF PARTICIPATING IN A MEDICARE GROUP APPEAL BEFORE THE PROVIDER REIMBURSEMENT REVIEW BOARD TO CHALLENGE THE ACCURACY OF MEDICARE PAYMENTS RELATED TO PRIOR COST REPORT YEARS WITH CONTINGENCY FEES NOT TO EXCEED ONE MILLION FIVE HUNDRED THOUSAND DOLLARS AND NO/100 ($1,500,000.00) BODY WHEREAS, the Public Health Trust (�Trust�) is an agency and instrumentality of Miami-Dade County that operates Jackson Health System, including Jackson Memorial Hospital, Jackson South Community Hospital, Jackson North Medical Center and multiple other County designated facilities providing health care services to all segments of the Miami-Dade County community; and WHEREAS, the Trust is a Medicare provider and has entered into a service agreement with the Centers for Medicare and Medicaid Services (�CMS�) to provide services to Medicare beneficiaries, including inpatient and outpatient services, and receive payment therefore from CMS; and WHEREAS, CMS implemented a budget neutrality calculation as part of the Balanced Budget Act of 1997; and WHEREAS, an error in the budget neutrality calculation related to the Inpatient Prospective Payment System was identified beginning in FFY 1999; and WHEREAS, CMS partially fixed the budget neutrality calculation in FFY 2008 for FFY 2007 but failed to correct the cumulative error from prior years; and WHEREAS, Baker Healthcare Consulting, Inc., an Indianapolis-based company, has identified the aforementioned error and desires to file a group appeal in concert with Florida Hospital Association seeking payment on the errors occurring in prior years; and WHEREAS, as an affected Florida Medicare provider, the Trust could elect to participate in the group appeal which would require the Trust to designate the Indianapolis-based law firm of Hall, Render, Killian, Heath & Lyman, P.C. as the Trust�s outside legal counsel with respect to the aforementioned matter; and WHEREAS, Article 5, Section 5.06 of the Charter, provides that the County Attorney �shall serve as legal counsel to the Board, Mayor, and all county departments, offices, and agencies�; and WHEREAS, Chapter 25A of the Code provides that the Trust shall utilize the legal services provided by the County Attorney�s Office; and WHEREAS, Article 5, Section 5.06 of the Charter authorizes the Board to �employ special counsel for special needs�; and WHEREAS, the Trust seeks to designate Hall, Render, Killian, Heath & Lyman, P.C.as outside legal counsel to represent the Trust in the Medicare group appeal; and WHEREAS, the estimated favorable adjustment for the Trust upon successful appeal is estimated at $6,800,000.00; and WHEREAS, the Commission finds it would be in the best interest of the Trust to participate in said group appeal, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby authorizes the Public Health Trust of Miami-Dade County to designate the Indianapolis law firm of Hall, Render, Killian, Heath & Lyman, P.C. as outside legal counsel solely for purposes of participating in a Medicare group appeal before the Provider Reimbursement Review Board with contingency fees not to exceed One Million Five Hundred Thousand Dollars and No/100 ($1,500,000.00). |
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