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HomeMy WebLinkAboutAgreement A-17-200-1 with DHCS (2).pdf Agreement No. 17-200-1 CONTRACT #16-93836 Al INTERGOVERNMENTAL TRANSFER ASSESSMENT FEE This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES ("State DHCS") and the County of Fresno (GOVERNMENTAL FUNDING ENTITY) with respect to the matters set forth below. RECITALS A. This Agreement is made pursuant to the authority of Welfare & Institutions Code, section 14301.4. THEREFORE, the parties agree as follows: AGREEMENT 1. Transfer of Public Funds 1.1 GOVERNMENTAL FUNDING ENTITY shall make Intergovernmental Transfer(s) ("IGTs")to State DHCS pursuant to section 14164 of the Welfare and Institutions Code and paragraph 1.1 of the Intergovernmental Agreement(s)Regarding the Transfer of Public Funds contract number 16-93769 Al, to be used as a portion of the non-federal share of actuarially sound Medi-Cal managed care rate range capitation increases ("non-federal share IGT") to HEALTH PLAN (Anthem Blue Cross) for the period of July 1, 2016 to June 30, 2017. 1.2 The parties acknowledge that State DHCS will obtain any necessary approvals from the Centers for Medicare and Medicaid Services ("CMS")pertaining to the acceptance of non- federal share IGTs and the payment of non-federal share IGT related rate range capitation increases to HEALTH PLAN. 1 Template Version 2017 CONTRACT #16-93836 Al 2. Intergovernmental Transfer Assessment Fee 2.1 The State DHCS shall, upon acceptance of non-federal share IGTs pursuant to the Intergovernmental Agreement(s)Regarding the Transfer of Public Funds, and as described in paragraph 1 of this Agreement, exercise its authority under section 14301.4 of the Welfare and Institutions Code to assess a 20-percent assessment fee on the entire amount of the non-federal share IGTs to reimburse State DHCS for the administrative costs of operating the IGT program pursuant to this section and for the support of the Medi-Cal program. 2.2 The funds subject to the 20-percent assessment fee shall be limited to non-federal share IGTs made by the transferring entity, GOVERNMENTAL FUNDING ENTITY,pursuant to the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as described in paragraph 1 of this Agreement. 2.3 The 20-percent fee will be assessed on the entire amount of the non-federal share IGTs pursuant to the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as described in paragraph 1 of this Agreement, and will be made in addition to, and transferred separately from, the transfer of funds pursuant to the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds. 2.4 The 20-percent assessment fee pursuant to this Agreement is non-refundable and shall be wired to State DHCS separately from, and simultaneous to, the non-federal share IGTs pursuant to the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as described in paragraph 1 of this Agreement. However, if any portion of the non-federal share IGTs is not expended for the specified rate increases stated in paragraph 2.2 of the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, DHCS shall return a proportionate amount of the 20-percent assessment fee to the GOVERNMENTAL FUNDING ENTITY. 2 Template Version 2017 CONTRACT #16-93836 Al 3. Other Provisions 3.1 This Agreement contains the entire Agreement between the parties with respect to the 20-percent assessment fee on non-federal share IGTs pursuant to the Intergovernmental Agreement(s) Regarding the Transfer of Public Funds, and as described in paragraph 1, and supersedes any previous or contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements between the GOVERNMENTAL FUNDING ENTITY and State DHCS. This Agreement is not, however, intended to be the sole agreement between the parties on matters relating to the funding and administration of the Medi-Cal program. One or more other agreements may exist between the parties regarding such other matters, and other agreements may be entered into in the future. This Agreement shall not modify the terms of any other agreement between the parties. 3.2 Time is of the essence in this Agreement. 3.3 Each party hereby represents that the person(s) executing this Agreement on its behalf is duly authorized to do so. 4. State Authority. Except as expressly provided herein, nothing in this Agreement shall be construed to limit, restrict, or modify State DHCS' powers, authorities, and duties under federal and state law and regulations. 5. Approval. This Agreement is of no force and effect until signed by the parties. 3 Template Version 2017 CONTRACT#16-93836 A I SIGNATURES IN WITNESS WHEREOF,the parties hereto have executed this Agreement, on the date of the last signature below. COUNTY OF FRESNO _ By; 2' Date: JNAqt:2� ok?l 9 Nathan Magsig, Chairman,Fresno County Board of Supervisors THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES: By; ��A Date: Jennifer Lopez,A3Ekig Division Chief,Capitated Rates Development Division ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California 4 Template Version 2017