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HomeMy WebLinkAboutBlue Cross of California Partnership Plan dba Anthem Blue Cross-Intergovernmental Transfer Program_A-25-576.pdf COtj County of Fresno Hall of Records, Room 301 2281 Tulare Street Fresno,California 601 Board of Supervisors 93721-2198 O� 1$56 O Telephone: (559)600-3529 FRV,t' Minute Order Toll Free: 1-800-742-1011 www.fresnocountyca.gov November 4, 2025 Present: 5- Vice Chairman Garry Bredefeld, Supervisor Luis Chavez, Supervisor Nathan Magsig, Chairman Buddy Mendes, and Supervisor Brian Pacheco Agenda No. 38. Public Health File ID: 25-0905 Re: Approve and authorize the Chairman to execute retroactive Agreement with CalViva Health, effective January 1, 2024,through December 31, 2027,to meet Department of Health Care Services requirements necessary to participate in the Intergovernmental Transfer program ($9,115,806); and Approve and authorize the Chairman to execute retroactive Agreement with Blue Cross of California Partnership Plan dba Anthem Blue Cross, effective January 1, 2024,through December 31, 2027,to meet Department of Health Care Services requirements necessary to participate in the Intergovernmental Transfer program ($1,002,934) PRIOR TO BOARD DISCUSSION,SUPERVISOR MAGSIG RECUSED HIMSELF UNDER THE LEVINE ACT.A MOTION WAS MADE BY SUPERVISOR CHAVEZ,SECONDED BY VICE CHAIRMAN BREDEFELD,THAT THIS MATTER BE APPROVED AS RECOMMENDED.THE MOTION CARRIED BY THE FOLLOWING VOTE: Ayes: 4- Bredefeld, Chavez, Mendes, and Pacheco Recuse: 1 - Magsig Agreement No. 25-575,Agreement No. 25-576 County of Fresno Page 39 co Board Agenda Item 38 O 1856 O FRE`'� DATE: November 4, 2025 TO: Board of Supervisors SUBMITTED BY: Joe Prado, Interim Director, Department of Public Health SUBJECT: Retroactive Plan Provider Agreements with Medi-Cal Managed Care Plans RECOMMENDED ACTION(S): 1. Approve and authorize the Chairman to execute retroactive Agreement with CalViva Health, effective January 1, 2024, through December 31, 2027,to meet Department of Health Care Services requirements necessary to participate in the Intergovernmental Transfer program ($9,115,806); and 2. Approve and authorize the Chairman to execute retroactive Agreement with Blue Cross of California Partnership Plan dba Anthem Blue Cross, effective January 1, 2024,through December 31, 2027, to meet Department of Health Care Services requirements necessary to participate in the Intergovernmental Transfer program ($1,002,934). Approval of the recommended actions allow Anthem Blue Cross and CalViva Health to distribute Intergovernmental Transfer(IGT) program matching funds to the Department less a 2.5% and 2% administrative fee, respectively, used for the Managed Care Plans' (MCP) costs to administer the IGT program. The Department's participation in IGT will provide funds for health care services to County Medi-Cal clients. ALTERNATIVE ACTION(S): Should your Board not approve the recommended actions, the Department would not have a mechanism in place to receive Federal matching funds for programs serving Medi-Cal clients from Anthem Blue Cross and CalViva Health through the IGT program. RETROACTIVE AGREEMENT The Department has been working with a consultant on the IGT program since December 2024. On May 7, 2025, the Department received the final documents from DHCS, which were approved by your Board on July 8, 2025. These corresponding recommended plan provider agreements were finalized on August 6, 2025 and brought to your Board within the designated processing timelines. FISCAL IMPACT: There is no increase in Net County Cost associated with the recommended actions. The recommended actions allow Anthem Blue Cross and CalViva Health, the Medi-Cal Managed Care providers, to distribute the estimated funding ($9,911,351) after retaining a 2.5% administrative fee for Anthem Blue Cross and 2% for CalViva Health. Estimated revenues are included in the Department of Public Health's Special Revenue Fund 0080, Org 1170, FY 2025-26 Adopted Budget and will be included within future budget requests for the duration of the term. County of Fresno Page 1 File Number.25-0905 File Number:25-0905 DISCUSSION: The Department has been working with vendor Health Management Associates to participate in the IGT program starting in December 2024. The IGT process is a mechanism by which local governments obtain additional Federal matching funds for programs serving Medi-Cal clients. The funds become available when the State claims Federal funds for use in the California Medi-Cal system at less than the allowable maximum funding level. The difference between the maximum allowable Federal funding level and the actual amount drawn down by the State is available for draw down by counties and other public entities through an IGT. The Department's participation in the IGT program will provide funds for health care services to Medi-Cal clients. On July 8, 2025, your Board approved County Agreement No. 25-345 with the California Department of Healthcare Services (DHCS)for the authorization of the County to participate in the IGT Program. The process includes the following steps: • Upon your Board's approval, the Department will transfer$5,059,370 to DHCS with a separate assessment fee payment totaling approximately$1,011,874, for a total of$6,071,244 • Upon receipt of the payment and assessment fee, DHCS will access Federal matching funds from the Centers for Medicare & Medicaid Services and make a payment of approximately$10,118,740 to the MCP; • The MCP will distribute approximately$9,911,351 to the Department through the Health Plan Provider Agreements after retaining approximately$207,389 (2% for CalViva Health and 2.5%for Anthem Blue Cross)as an administrative fee; and, • The Department will return the initial IGT seed funding/administrative fee funds to the account of origin and will budget the net IGT funds in a manner consistent with the Provider Agreements. • The recommended agreements with local MCP, Anthem Blue Cross and CalViva Health, fulfill requirements set forth by DHCS for managed care health plans to coordinate public health services with a local public health department. The recommended agreements add provisions necessary for the Department's participation in the IGT program to receive funds from each plan. Specifically, the recommended agreements stipulate that funds paid to the County cannot be transferred to the County's General Fund, the State, or any intermediary organization. Additionally, the recommended agreements require that the County indemnify the plans for any liability incurred as a result of their receipt of IGT funding from DHCS or as a result of their payment of IGT funds to the County and will reimburse the plans for any monetary loss as a result of the IGT. Finally, the recommended agreements provide that the County will provide legal representation for the plans, or provide for attorney's fees should the plans arrange for their own representation in the event action is brought against the plans by the State or Federal government as a result of the IGT, or if the plans bring an action against the State or Federal government related to the IGT. The IGT program being proposed presents a very low risk of State and Federal action. The program has been utilized by multiple counties throughout the State for multiple years and no actions have been brought against them. The benefit to the Department is substantial offset recent federal funding reductions and increased operational costs. REFERENCE MATERIAL BAI #49, July 8, 2025 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk-Agreement with CalViva Health On file with Clerk-Agreement with Anthem Blue Cross County of Fresno Page 2 File Number.25-0905 File Number:25-0905 CAO ANALYST: Ronald Alexander County of Fresno Page 3 File Number:25-0905 Agreement No. 25-576 HEALTH PLAN-PROVIDER AGREEMENT AGREEMENT TO IMPLEMENT THE CALENDAR YEAR 2024 RATE RANGE IGTS This Agreement is effective January 1, 2024 ("Effective Date")between Blue Cross of California dba Anthem Blue Cross, a California corporation hereinafter referred to as "PLAN", and County of Fresno, by and through the Department of Public Health, hereinafter referred to as "PROVIDER." RECITALS: WHEREAS, PLAN is licensed under Health and Safety Code Section 1349 et seq. has a contract with the State Department of Health Care Services pursuant to Welfare and Institutions Code Section 14087.3 to act as a Medi-Cal managed care plan to fulfill its responsibilities for the provision of Medi-Cal covered services for eligible Medi-Cal members. WHEREAS, PROVIDER is organized and operating under the laws of the State of California and possesses any and all licenses and/or governmental approvals required in order for it to provide public health services and is qualified to provide such services. Provider and Plan have entered into a separate Agreement under which PROVIDER arranged for the provision of services to certain Medi-Cal managed care enrollees. For valuable consideration exchanged, the sufficiency of which the parties hereby acknowledge, the parties wish to take this opportunity to provide for supplemental compensation to PROVIDER for services it arranged for and provided while that Agreement was in force, as explained in the next paragraph; and WHEREAS, PLAN and PROVIDER desire to enter into an Agreement to provide for Medi-Cal managed care capitation rate increases to PLAN as a result of intergovernmental transfers ("IGTs") from County of Fresno (GOVERNMENTAL FUNDING ENTITY)to the California Department of Health Care Services ("State DHCS")to maintain the availability of Medi-Cal health care services to Medi-Cal beneficiaries. NOW, THEREFORE, PLAN and PROVIDER hereby agree as follows: 2024 IGT MEDI-CAL MANAGED CARE CAPITATION RATE RANGE INCREASES 1. IGT Capitation Rate Range Increases to PLAN A. Payment Should PLAN receive any Medi-Cal managed care capitation rate increases from State DHCS where the nonfederal share is funded by the GOVERNMENTAL FUNDING ENTITY specifically pursuant to the provisions of the Intergovernmental Agreement Regarding Transfer of Public Funds, #24-0032, ("Intergovernmental Agreement") effective for the period of January 1, 2024 through December 31, 2024 for Intergovernmental Transfer Medi-Cal Managed Care Rate Range Increases ("IGT MMCRRIs"), PLAN shall pay to PROVIDER the amount of the IGT MMCRRIs received from State DHCS, in accordance with paragraph LE below Health Plan-Provider Agreement, County of Fresno and Anthem, 2024 VRRP P. 1 regarding the form and timing of Local Medi-Cal Managed Care Rate Range ("LMMCRR") IGT Payments. LMMCRR IGT Payments paid to PROVIDER shall not replace or supplant any other amounts paid or payable to PROVIDER by PLAN. B. Health Plan Retention (1) The PLAN shall retain a two and a half percent(2.5%) administrative fee based on the total amount of the IGT MMCRRIs received from DHCS for PLAN's cost to administer this program. Each provider's share of the 2.5% fee shall be calculated based on that provider's proportionate share of the LMMCRR IGT payment made by PLAN in Fresno County. (2) PLAN will not retain any other portion of the IGT MMCRRIs received from the State DHCS other than those mentioned above. C. Conditions for Receiving Local Medi-Cal Managed Care Rate Range IGT Payments As a condition for receiving LMMCRR IGT Payments, PROVIDER shall, as of the date the particular LMMCRR IGT Payment is due: (1) Remain a participating PLAN provider; (2) Remain a participating provider of medical diagnostic, treatment, and care management services for PLAN Medi-Cal beneficiaries. D. Schedule and Notice of Transfer of Non-Federal Funds PROVIDER shall provide PLAN with a copy of the schedule regarding the transfer of funds to State DHCS, referred to in the Intergovernmental Agreement, within fifteen (15) calendar days of the PROVIDER establishing such schedule with the State DHCS. Additionally, PROVIDER shall notify PLAN, in writing, no less than seven(7) calendar days prior to any changes to an existing schedule including, but not limited to, changes in the amounts specified therein. E. Form and Timing of Payments PLAN agrees to pay LMMCRR IGT Payments to PROVIDER in the following form and according to the following schedule: (1) PLAN agrees to pay the LMMCRR IGT Payments to PROVIDER using Health Plan-Provider Agreement, County of Fresno and Anthem, 2024 VRRP p.2 the same mechanism through which compensation and payments are normally paid to PROVIDER(e.g., electronic transfer). After paying any required taxes and retaining the PLAN's administrative fee, as shown in Section B above, PLAN will pay PROVIDER a percent of the remaining LMMCRR IGT payment equal to the PROVIDER's contribution as a percent of total local provider contributions. (2) PLAN will pay the LMMCRR IGT Payments to PROVIDER no later than sixty(60) calendar days after receipt of the IGT MMCRRIs from State DHCS. F. Consideration (1) As consideration for the LMMCRR IGT Payments, PROVIDER shall use the LMMCRR IGT Payments for the following purposes and shall treat the LMMCRR IGT Payments in the following manner: (a) The LMMCRR IGT Payments shall represent compensation for Medi-Cal services rendered to Medi-Cal PLAN members by PROVIDER during the State calendar year to which the LMMCRR IGT Payments apply. (b) To the extent that total payments received by PROVIDER for any State calendar year under this Agreement exceed the cost of Medi-Cal services provided to Medi-Cal beneficiaries by PROVIDER during that calendar year, any remaining LMMCRR IGT Payment amounts shall be retained by PROVIDER to be expended for health care services. Retained LMMCRR IGT Payment amounts may be used by the PROVIDER in either the State calendar year for which the payments are received or subsequent State calendar years. (2) For purposes of subsection(1) (b) above, if the retained LMMCRR IGT Payments, if any, are not used by PROVIDER in the State calendar year received, retention of funds by PROVIDER will be established by demonstrating that the retained earnings account of PROVIDER at the end of any State calendar year in which it received payments based on LMMCRR IGT Payments funded pursuant to the Intergovernmental Agreement, has increased over the unspent portion of the prior State calendar year's balance by the amount of LMMCRR IGT Payments received, but not used. These retained PROVIDER funds may be commingled with other GOVERNMENTAL FUNDING ENTITY funds for cash management purposes provided that such funds are appropriately tracked and only the depositing facility is authorized to expend them. (3) Both parties agree that none of these funds, either from the GOVERNMENTAL FUNDING ENTITY or federal matching funds will be recycled back to the GOVERNMENTAL FUNDING ENTITY'S general fund, the State, or any other intermediary organization. Payments made by the health plan to providers under the terms of this Agreement constitute patient care revenues. G. PLAN's Oversight Responsibilities Health Plan-Provider Agreement, County of Fresno and Anthem, 2024 VRRP p.3 PLAN's oversight responsibilities regarding PROVIDER's use of the LMMCRR IGT Payments shall be limited as described in this paragraph. PLAN may request, within thirty (30) calendar days after the end of each State calendar year in which LMMCRR IGT Payments were transferred to PROVIDER, a written confirmation that states whether and how PROVIDER complied with the provisions set forth in Paragraph LF above. In each instance, PROVIDER shall provide PLAN with written confirmation of compliance within thirty(30) calendar days of PLAN's request. H. Cooperation Among Parties Should disputes or disagreements arise regarding the ultimate computation or appropriateness of any aspect of the LMMCRR IGT Payments, PROVIDER and PLAN agree to work together in all respects to support and preserve the LMMCRR IGT Payments to the full extent possible on behalf of the safety net in Fresno County. L Reconciliation Within one hundred twenty(120) calendar days after the end of each of PLAN's fiscal years in which LMMCRR IGT Payments were made to PROVIDER, PLAN shall perform a reconciliation of the LMMCRR IGT Payments transmitted to the PROVIDER during the preceding fiscal year to ensure that the supporting amount of IGT MMCRRIs were received by PLAN from State DHCS. PROVIDER agrees to return to PLAN any overpayment of LMMCRR IGT Payments made in error to PROVIDER within thirty(30) calendar days after receipt from PLAN of a written notice of the overpayment error unless PROVIDER submits a written objection to PLAN. Any such objection shall be resolved in accordance with the dispute resolution processes set forth in Section H. of this Agreement or otherwise in good faith by the parties. The reconciliation processes established under this paragraph are distinct from the indemnification provisions set forth in Section J. below. PLAN agrees to transmit to the PROVIDER any underpayment of LMMCRR IGT Payments within thirty (30) calendar days of PLAN's identification of such underpayment. J. Indemnification PROVIDER agrees to indemnify and hold PLAN harmless in all matters relating to the IGT request, subsequent payment and use of such funds. K. Remittance Information The IGT-funded payments made by the PLAN pursuant only to this Agreement, shall be mailed to the PROVIDER at the address set forth below: Attention: Irene Parada Finance Division Manager Health Plan-Provider Agreement, County of Fresno and Anthem, 2024 VRRP p.4 County of Fresno Department of Public Health 1221 Fulton Street Fresno, CA 93721 Phone: (559) 600-6438 Email: i ap radagfresnocountyca.gov 2. Term The term of this Agreement shall commence on January 1, 2024, and shall terminate on December 31, 2027. SIGNATURES BY PLAN: Date: 10/14/2025 John Pickett, Regional Vice President,Provider Solutions BY PROVIDER: Date: Ernest Buddy Mendes, Chairman of the Board of Supervisors of the County of Fresno ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California By_ Deputy Health Plan-Provider Agreement, County of Fresno and Anthem,2024 VRRP p.5