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COUNTY OF SAN MATEO
Inter-Departmental Correspondence
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County Counsel
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DATE:
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June 22, 2006
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BOARD MEETING DATE:
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July 11, 2006
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SPECIAL NOTICE/HEARING:
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None
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VOTE REQUIRED:
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Majority
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TO:
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Honorable Board of Supervisors
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FROM:
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Thomas F. Casey, III, County Counsel
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SUBJECT:
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Resolution Authorizing Agreement with the Law Firm of Foley & Lardner for Services and Assistance in Obtaining Supplemental Medi-Cal Payments
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RECOMMENDATION: Adopt a resolution authorizing the President of the Board to execute an agreement with the law firm of Foley & Lardner for the term of August 1, 2006 through July 31, 2008 in the amount of $25,000 for services and assistance in obtaining supplemental Medi-Cal payments.
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VISION ALIGNMENT:
Commitment: Ensuring Basic Health and Safety for All.
Goal(s): Residents have access to healthcare and preventive care.
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BACKGROUND AND DISCUSSION:
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In September 2005, the state of California and the federal government agreed to the Medi-Cal Hospital Waiver, which makes fundamental changes in how California hospitals will be paid for care provided to Medi-Cal beneficiaries and the uninsured. The state codified this Agreement (SB 1100) in Welfare and Institutions Code section 14166. With this Agreement, the federal government is now requiring changes in the methodology of reimbursement. Previously, hospitals were paid a fee for service under negotiated rates with the federal government. The San Mateo Medical Center received this negotiated funding, as well as SB 1255 supplemental funding and SB 855 disproportionate share funding. Under the new re-design program, the federal government will be reimbursing public hospitals based on a cost-finding methodology (actual hospital expenditures). Within broad parameters, the state has flexibility to design the program, subject to federal approval. It is imperative that SMMC be best positioned to receive the maximum funding through this re-design.
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The law firm of Foley and Lardner maintains specific legal expertise on Medi-Cal waiver re-design issues. It is the desire of SMMC to retain Foley and Lardner to assist in Medi-Cal waiver legal issues as they arise with the hope that this firm can help SMMC leverage maximum funding from the federal government.
Foley & Lardner provides equal benefits to its employees, with one exception: it does not provide equal health care benefits to opposite sex domestic partners. Opposite sex domestic partners are able to avail HMO benefits, but are excluded in participating in PPO benefits. Because of the highly specialized expertise of Foley & Lardner in the complex area of Medi-Cal waivers, we ask that the Board of Supervisors waive that portion of the equal benefits ordinance that applies to opposite sex domestic partners.
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FISCAL IMPACT:
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The term of this Agreement is two years and would pay Foley & Lardner on an hourly basis, with a cap of $25,000.
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