Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE BROWARD COUNTY LOCAL PROVIDER PARTICIPATION FUND ORDINANCE; AMENDING VARIOUS SECTIONS OF ARTICLE V OF CHAPTER 16 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”); PROVIDING FOR THE IMPOSITION, LEVY, COLLECTION, AND ENFORCEMENT OF A NON-AD VALOREM SPECIAL ASSESSMENT AGAINST CERTAIN REAL PROPERTY OWNED OR LEASED BY PRIVATE HOSPITALS IN BROWARD COUNTY (“HOSPITALS”) TO FUND SUPPLEMENTAL PAYMENTS TO THE HOSPITALS FOR UNCOMPENSATED CHARITY CARE COSTS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
The proposed Ordinance was prepared by the Office of the County Attorney as directed by the Board of County Commissioners on June 4, 2024.
What Action Accomplishes
Allows for the Board’s consideration of the proposed Ordinance.
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Previous Action Taken
Summary Explanation/Background
The Broward County Local Provider Participation Fund Ordinance (“LPPF Ordinance”), as set forth in Article V of Chapter 16 of the Broward County Code of Ordinances, authorizes the Board to impose a uniform non-ad valorem special assessment upon local private hospital properties in Broward County (“Assessment”) pursuant to the Medicaid Managed Care hospital directed payment program (“DPP”) administered by the State of Florida (“State”). The DPP funds a portion of the non-federal share of the State’s Medicaid program to address the shortfall between the costs of health care services and the amount paid by Medicaid by providing the affected hospitals with supplemental Medicaid reimbursement.
The State received federal authority through 2030 to administer the Low Income Pool program (“LIP Program”) to address uncompensated charity care provided to uninsured patients. The LIP Program allows local governments to establish a uniform non-ad valorem special assessment charged against local private hospitals, and the revenue generated is placed into a local provider participation fund and matched with federal funds to allow the hospitals to be reimbursed for uncompensated charity care provided to uninsured patients.
The proposed Ordinance amends the LPPF Ordinance by authorizing the Board to impose the Assessment to fund supplemental payments for uncompensated charity care through the LIP Program. The LPPF Ordinance would allow for a single Assessment that would fund supplemental Medicaid payments as provided in the DPP and the LIP Program. The Assessment would not be automatically imposed. Rather, the Assessment would be imposed after the Board adopts a resolution each Fiscal Year after receipt of a petition signed by at least 75% of the affected local private hospitals. Once imposed, all local private hospitals will be required to pay the Assessment and are eligible to receive the financial benefits from the LIP Program and the DPP as outlined above.
This public hearing has been advertised with adequate notice to allow for the Board’s consideration of this item on August 22, 2024. Because the required resolution must be considered by the Board on September 17, 2024, and this Ordinance must be enacted for the resolution to include the LIP Program portion of the Assessment, this item is proceeding without the Board separately approving an item setting this Ordinance for public hearing.
Source of Additional Information
Annika E. Ashton, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Fiscal Impact Statement by the Office of Management and Budget is attached as Exhibit 2.