Broward County Commission Regular Meeting
Director's Name: Tara Williams
Department: Human Services Division: Community Partnerships
Information
Requested Action
title
A. MOTION TO AUTHORIZE County Administrator to execute Agreement between Broward County and South Broward Hospital District d/b/a Memorial Healthcare System, in substantially the form attached as Exhibit 1, for medical care, treatment, hospitalization, and transportation of persons ill, wounded, or otherwise injured during or at the time of arrest for any violation of state law or County Ordinance, effective October 1, 2023, through September 30, 2024, with four one-year renewal terms; and to approve nonmaterial changes to the form that do not modify the cost structure and are otherwise determined to be in the County’s best interests, subject to review and approval as to legal sufficiency by the Office of the County Attorney; and authorize the County Administrator to take all necessary administrative and budgetary actions to implement the Agreement.
ACTION: (T-10:35 AM) Approved.
VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present.
B. MOTION TO APPROVE waivers of conflict under Section 112.313(7)(a), Florida Statutes, for the following Broward County advisory board members holding an employment or contractual relationship with an entity receiving funds for the performance of services under this agenda item:
1. Melida J. Akiti
2. Chauniqua D. Kiffin
3. Alondra Machado
4. Candace M. Pineda
5. Peter P. Powers
6. Zulma Vanessa Quiles
ACTION: (T-10:35 AM) Approved.
VOTE: 8-0. Commissioner Fisher voted in the affirmative telephonically. Commissioner Ryan was not present.
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Why Action is Necessary
A. Broward County Board of County Commissioners (“Commission”) approval is required for agreements with external agencies, to authorize the County Administrator to execute agreements, and to comply with Section 901.35, Florida Statutes.
B. A waiver of conflict arising under Section 112.313(7)(a), Florida Statutes, requires two-thirds approval by the Commission.
What Action Accomplishes
Approval of Motion A authorizes the County Administrator to execute a reimbursement Agreement with South Broward Hospital District d/b/a Memorial Healthcare System (“Memorial”) on behalf of the Commission.
Approval of Motion B waives the existence of any conflicts arising under Section 112.313(7)(a), Florida Statutes, as authorized under applicable law.
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Previous Action Taken
None
Summary Explanation/Background
THE HUMAN SERVICES DEPARTMENT AND THE COMMUNITY PARTNERSHIPS DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
These actions support the Commission’s value of “building partnerships and working collaboratively with others to meet shared objectives” and the goal of “delivering accessible human services that holistically address the whole person collaboratively and compassionately.” The Agreement increases Memorial’s reimbursement rates for the contracted medical services and adds an annual escalator clause to the Agreement.
Section 901.35, Florida Statutes, provides procedures for Broward County's payment of expenses for medical care, treatment, hospitalization, and transportation of persons ill, wounded, or otherwise injured during or at the time of arrest for any violation of state law or County ordinance. Memorial is licensed by the State of Florida to provide inpatient and outpatient services to individuals in Broward County.
Broward County met with Memorial representatives starting on June 15, 2023, to negotiate the rate increase and the final terms of the escalator clause for the billing Agreement. If approved, the inpatient services rate for a 24-hour stay, per diem per patient, is increased from $2,437 to $2,592. The outpatient services rate per diem per patient is increased from $642 to $683. The annual escalator clause addresses the fixed costs of the pricing and allows for:
i) Memorial to request a price adjustment for the per diem per patient unit prices for any applicable renewal term and provides terms and conditions for that request;
ii) The requested price adjustments to be consistent with the Personal Consumption Expenditures (“PCE”) Price Index as determined by the United States Department of Commerce Bureau of Economic Analysis table;
iii) The Contract Administrator to determine if a requested price adjustment is in the best interest of Broward County and is consistent with the PCE; and
iv) The percentage of increase to be based on the PCE Price Index for all items for the 12-month period as published in the month of July preceding the expiration of the then-current Agreement term. The amount of increase will be a maximum of 3%, subject to the approval and appropriation of funds by the Commission.
Retroactive approval is requested due to the extensive time needed to complete the negotiations. The Office of the County Attorney will review the Agreement for legal sufficiency prior to its execution by the County Administrator.
Approval of this item would give rise to certain employment conflicts under Section 112.313(7)(a), Florida Statutes, which provides that "no public officer... shall have or hold any employment or contractual relationship with any business entity... which is... doing business with an agency of which he or she is an officer or employee." In accordance with Section 112.313(12), Florida Statutes, Commission approval is required to waive any conflict of interest arising under Section 112.313(7)(a), Florida Statutes. An effective waiver requires two-thirds vote of the Commission after disclosure of the conflicting relationship (Motion B) in accordance with Section 112.313(12), Florida Statutes. Forms 4A, Disclosure of Business Transaction, Relationship, or Interest, are attached to this report as Exhibit 2 and constitutes full disclosure of any existing conflicts.
Source of Additional Information
Efrem H. Crenshaw, Director, Community Partnerships Division, (954) 357-6398
Jessica Roy, Administrator, Health Care Services, (954) 357-5394
Fiscal Impact
Fiscal Impact/Cost Summary
Funding up to $2,775,000 is allocated in the Fiscal Year 2024 budget for reimbursements for arrestee billing services under this Agreement.