HomeMy WebLinkAbout2008-12-30-9:00AM-REGULARBRAZOS COUNTY ���� �� ,
BRYAN, TEXAS '
NOTICE OF MEETING
AND AGENDA
BRAZOS COiJNTY COMMISSIONERS COURT
TIIE COMMISSIONERS COURT OF BRA 7.OS COUNTY WILL MEET IN REGULAR
SESSION ON 30 DECEMBER 2008 AT 9x00 A_M_ IN THE COMNIISSIONERS
COURTROOM OF TIIE COiJNTY ADMINISTRATION BUILDIIV G, 200 SOUTH
TEXAS AVENUE, SUITE 106, BRYAN,
1 . Call to Order_
Consider and take action on agenda items 2 — 3.
2_ Payment o£ Claims_
3 _ Approval of Official Bonds for elected officials elected at the November 4th Geaeral
Election.
4. Adjourn.
The Brazos County Courthouse is wheelchair accessible. Handic � C
parlditg space arc avatlaab1e9.79)
An61- 4102si for sign
interpretive s—eaiees must be made two business days before Tire meetin To malca arran ements, _
B an, Texas 77803 Fax= (979) 36'111503
Office oT tha Gounty Judges .
200 South Texas Ave. s Suites 332E rY
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BRAZOS COUNTY C
BRYAN, TEXAS
NOTICE OF ADDENDUM
TO THE AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 30 DECEMBER 2008 AT 9:00 A.M. IN THE COMMISSIONERS
COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVENUE, SUITE 106, BRYAN, TEXAS.
In addition to the regular agenda, the Commissioners Court will consider and take action
on the following item(s):
1. Budget Amendment 08/09 - 13.1 thru 13.2.
2. Certification of Governmental Entity Participation for the Texas Health and Human Services
Commission Medicaid Hospital Supplemental Payment Program for state fiscal year 2009.
3. Out of state travel request from the Sheriff's Office for two officers to travel to New York for
the purpose of extraditing a fugitive to Texas.
The County Administration Building is handicap accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102
Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 • Fax: (979) 361 -4503
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COMMISSIONERS' COURT
REGULAR MEETING
DECEMBER 30, 2008
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, December 30, 2008 with the following members of
the Court present:
Randy Sims, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Duane Peters, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
Carey Cauley, Jr., Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheet contains the names of the citizens and
officials that were in attendance.
The County Judge called the meeting to order and
proceeded to consider the following Claims as submitted by the
County Treasurer for payment:
7057419 through 7057683
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
Vol 11 Page 11
Commissioners Court meeting December 30, 2008 2
The next matter before the Court was approval of Official
Bonds for elected officials elected a the November 4th General
Election. On motion by the County Judge, seconded by
Commissioner Peters, the Court voted unanimously to remove
this from the agenda.
The County Judge proceeded to consider the addendum to
the agenda and began with Budget Amendment 08/09 -13.1 through
13.2 that would reallocate funds for Vital Statistic
Preservation, and Constable, Precinct 2. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the budget amendments as
submitted. A copy each amendment s attached.
The Court proceeded to consider the Certification of
Governmental Entity Participation for the Texas Health and
Human Services Commission Medicaid Hospital Supplemental
Payment Program for state fiscal year 2009. This is for
indigent health care. The County Judge explained how the
program works. On motion by Commissioner Peters, seconded by
Commissioner Cauley, the Court voted unanimously to approve
participation and authorized the County Judge to execute the
document. A copy is attached.
The next matter for consideration by the Court was a
request submitted by the Sheriff seeking approval for out of
Vol I I I Page 119
Commissioners Court meeting December 30, 2008 3
state travel for Investigators John Pollock and Mike Jones to
travel to New York, New York for the purpose of extraditing a
fugitive to Texas. On motion by Commissioner Wassermann,
seconded by Commissioner Cauley, the Court voted unanimously
to grant the request from the Sheriff and approved payment of
out of state travel expense for Investigators Pollock and
Jones.
Sheriff Kirk informed the Court that he had received the
reimbursement check from the Metropolitan Police Department
for costs incurred in chartering an airplane to carry law
enforcement officers to Washington D.C. for the Presidential
Inauguration.
There being no further business to come before the Court,
the meeting was adjourned.
Vol I I � Page I � 9
The foregoing minutes of the Commissioners Court meeting held
December 30, 2008 have been examined and are approved in open
Court this the day of NaCCt�,_, , 2009 in Bryan,
Brazos County, Texas.
County
�� ,ACS ULZV�����
Lloyd ssermann
Commissioner, Precinct 1
Duane Peters Kenny Mallar
Commissioner, Precinct 2 Commissioner, Precinct 3
Ca y CaLAey Jr.
Commissi ner, Precinct 4
Attest:
Xai'en McQueen
County Clerk
Vol 11 Page I go
BRAZOS COUNTY COMMISSIONERS COURT
MEETING ON 2008 AT �a
Name (PLEASE PRINT)
Organization /Department
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008 -2009 BUDGET YEAR
NO. 08/09 -13.1 thru 13.2
On this the 30th day of December 2008 at a regular meeting of the Commissioners' Court, the following
members were present:
Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Carey Cauley, Jr., Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 30 December 2008 the Court heard and approved a budget amendment for the
2008 -2009 budget year for Brazos County, Texas; and
WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen
conditions which could not be reasonably included in the original budget adopted 19 September 2008, the
following amendment(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 30`h day of December 2008.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
LIM
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 -13.1
MKO,�?a
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 13.2
f
xz4123/20, 8.
...............
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TEXAS HEALTH AND HUMAN SERVICES COMMISSION
MEDICAID HOSPITAL SUPPLEMENTAL PAYMENT PROGRAM
CERTIFICATION OF GOVERNMENTAL ENTITY PARTICIPATION
STATE FISCAL YEAR 2009
On behalf of %n-1 y , a ifil ti,bcGilrrsimgrganized under the laws of the State
of Texas (hereinafter referred to as 4the Governmental Entity "), I, , cj SwKS nE,
affirm and certify the following:
1. Legal Authority.
a. The Governmental Entity is legally authorized to levy and collect ad valorem taxes or
generate public revenue ( "Public Funds ");
b. The Governmental Entity is legally authorized to enter into and has entered into
Affiliation Agreements with one or more private hospitals ( "the Affiliated
Hospitals ") for, among other purposes, providing indigent care in the community
served by the Governmental Entity.
2. Public Adoption and Access.
a. The governing body of the Governmental Entity adopted the conditions described in
this certification by recorded vote taken in a public meeting held in compliance with
the Texas Open Meetings Act, Chapter 551, Government Code;
b. Copies of all Affiliation Agreements will be made available as provided under the
Texas Public Information Act, Chapter 552, Government Code, and will be provided
to HHSC on request.
3. Funding of Intergovernmental Transfers and Supplemental Payments.
a. The Governmental Entity has or has agreed to transfer Public Funds to the Health and
Human Services Commission ( "HHSC ") via intergovernmental transfer ( "IGT ") on a
quarterly basis for use as the non - federal share of supplemental Medicaid payments
Medicaid Hospital Supplemental Payment Program Page 1 of 4 Certification of Governmental Entity Participation
(the "Supplemental Payments ") to the Affiliated Hospitals in accordance with Section
(t) of Attachment 4.19 -A and Section (8) of Attachment 4.19 -B of the Texas
Medicaid State Plan ("the Supplemental Payment Program ");
b. All transfers of Public Funds by the Governmental Entity to HHSC to support the
Supplemental Payments to the Affiliated Hospitals under the Supplemental Payment
Program comply with:
i. The applicable regulations that govern provider- related donations codified at
section 1903(w) of the Social Security Act (42 U.S.C. § 1396b(w)), and Title
42, Code of Federal Regulations, Part 433, subpart B, sections 433.52 and
433.54;
ii. The conditions approved by the federal Centers for Medicare and Medicaid
Services ( "CMS ") for governmental entities' and private hospitals'
participation in the Supplemental Payment Program; and
iii. HHSC administrative rules codified at Title 1, Texas Administrative Code,
chapter 355, Subchapter J, Division 4, section 355.8063(t)(4);
4. Assurances and Representations.
a. The Government Entity does not and will not at any time receive any part of the
supplemental Medicaid payments that are made by HHSC to the Affiliated Hospitals
under the Supplemental Payment Program;
b. No part of the Public Funds generated for use as the IGT have been or will be used to
fund any contingent fee arrangement or agreement or to pay for the services of any
third -party consultant or legal services;
c. The Governmental Entity has not entered and will not enter into any agreement to
condition either the amount of the Public Funds transferred by the Governmental
Entity or the amount of Medicaid supplemental payments an Affiliated Hospital
receives on the amount of indigent care the Affiliated Hospital has provided or will
provide;
d. The Governmental Entity has not entered and will not enter into any agreement to
condition the amount of any Affiliated Hospital's indigent care obligation on either
the amount of Public Funds transferred by the Governmental Entity to HHSC or the
amount of Supplemental Payment an Affiliated Hospital may be eligible to receive;
e. With regard to any escrow, trust or other financial mechanism utilized in connection
with an indigent care affiliation agreement or an anticipated IGT (an "Account "), the
following representations are true and correct:
i. The amount of any Account is not conditioned or contingent on the amount
of indigent care services that an Affiliated Hospital provided or will provide;
Medicaid Hospital Supplemental Payment Program Page 2 of 4 Certification of Governmental Entity Participation
�� 1S/O
ii. The Governmental Entity has disclosed the existence of any Account to
HHSC; and
iii. Any such Account will not be used to effect a quid pro quo for the provision
of indigent care services by or on behalf of the Affiliated Hospitals;
f. The Governmental Entity has not received and will not receive refunds of payments
the Governmental Entity made or makes to an Affiliated Hospital for any purpose in
consideration for an IGT of Public Funds by the Governmental Entity to HHSC to
support the Supplemental Payments;
g. The Governmental Entity has not received and will not receive any cash or in -kind
transfers from an Affiliated Hospital other than transfers and transactions that:
i. Are unrelated to the administration of the Supplemental Payment Program or
the delivery of indigent care services under an affiliation agreement;
ii. Constitute fair market value for goods or services rendered or provided by
the Governmental Entity to an Affiliated Hospital; and
iii. Represent independent, bona fide transactions negotiated at arms - length and
in the ordinary course of business between the Affiliated Hospital and the
Governmental Entity;
h. The Governmental Entity has not:
i. Assigned or agreed to assign a contractual or statutory obligation of the
Governmental Entity to an Affiliated Hospital or any other entity acting on
behalf of an Affiliated Hospital or group of Affiliated Hospitals; or
ii. Authorized or consented to the assumption of a statutory or contractual
obligation of the Governmental Entity by an Affiliated Hospital or any other
entity acting on behalf of an Affiliated Hospital or group of Affiliated
Hospitals.
5. Evaluation.
a. Consistent with its constitutional, statutory, and fiduciary obligations, the
Governmental Entity may evaluate a private hospital's historical experience in
providing indigent care in the community or performance under an affiliation
agreement for the following purposes:
i. To determine whether the Governmental Entity will enter into an affiliation
agreement with a private hospital;
ii. To determine whether an Affiliated Hospital's participation benefited the
community and whether its continued participation in the indigent care
program is likely to continue to benefit the community; and/or
Medicaid Hospital Supplemental Payment Program Page 3 of 4 Certification of Governmental Entity Participation
iii. To provide accountability to local taxpayers;
b. The Governmental Entity's evaluation under this paragraph 5 will:
L Occur on a schedule determined by the Governmental Entity, but not more
often than once each calendar quarter;
ii. Be documented in a manner sufficient to confine achievement of the
Governmental Entity's mission and provide an appropriate and constitutional
basis on which to transfer the Public Funds to HHSQ and
iii. Not include consideration of matters prohibited under paragraph 4 of this
document.
On behalf of the Governmental Entity, I hereby certify that I have read and understood the above
statements; that the statements are true, correct, and complete; and that I am authorized to bind the
Government Entity a� the above.
Signature JLyY
Date
Official Seal
(If applicable)
Name (p t or type) and Title
Medicaid Hospital Supplemental Payment program Page 4 of
Certification of Governmental Entity participation
,Y
.4