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Home My WebLink About2016-08-30 10:30AM SPECIAL MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA SPECIAL CALLED SESSION BRAZOS COUNTY COMMISSIONERS COURT BRAZOS COUNTY COMMISSIONERS COURT WILL MEET INASPECIAL CALLED SESSION AS FOLLOWS: MEETING DATE: August 30, 2016 MEETI NG TI ME: 10:30 AM MEETING PLACE: Commissioners Courtroom of the County Administration Building, 200 S. Texas Avenue, Suite 106, Bryan, Texas Call to Order 2. Adoption of the Revised County Health Care Provider Participation Program Rules and Procedures. 3. Establishment of the mandatory payments for the Local Provider Participation Fund for the period of September 1, 2016 -August 31, 2017. 4. Amended Sheriffs and Constables' fees to become effective January 1, 2017. 5. Reconsideration of requests from the following individuals for waiver of penalty and interests due to mailing their tax payments to the old tax office address: • a. William & Linda Marr -refund of P&I-$226.60 • b. Tommy & Noell Vance -refund of P&I-$81.40 • c. Phillip Blackbum-refund of P&I-$221.24 • d. Phillip Blackbum-refund of P&I-$148.08 • e. Phillip Blackbum-refund of P&I-$77.65 • f. Park -More Investments -refund of P&I-$22.01 • g. Park -More Investments -refund of P&I-$50.63 • h. Park -More Investments -refund of P&I-$91.87 • i. Park -More Investments -refund of P&I-$38.34 • j. Park -More Investments -refund of P&1_$98.18 E E • K Park -More Investments -refund of P&I-$239.07 • I. Park -More Investments -refund of P&I-$21.18 • m. Stone Haven Management Corp -refund of P&I-$5.65 • n. Stone Haven Management Corp -refund of P&I-$2.70 • o. Stone Haven Management Corp -refund of P&I-$6.52 • p. Stone Haven Management Corp -refund of P&I-$7.30 • q. Stone Haven Management Corp -refund of P&I-$6.52 • r. Stone Haven Management Corp -refund of P&I-$5.91 • s. Stone Haven Management Corp -refund of P&I-$7.39 • t Stone Haven Management Corp -refund of P&I-$14.42 • u. Stone Haven Management Corp -refund of P&I-$14.58 • v. Stone Haven Management Corp -refund of P&I-$6.83 • w. Stone Haven Management Corp -refund of P&I-$120.13 • x Stone Haven Management Corp -refund of P&I-$718.63 • y. Stone Haven Management Corp -refund of P&I-$159.05 • z Stone Haven Management Corp -refund of P&I-$6.14 • aa. Barry & Laura Hendler-refund of P&I-$57.50 • bb. Latitude Enterprises Inc. -refund of P&I-$33.23 • cc. Latitude Enterprises Inc. -refund of P&I-$61.03 • dd. Latitude Enterprises Inc. -refund of P&I-$60.29 • ee. Latitude Enterprises Inc. -refund of P&I-$60.63 • ff. Welch Construction -refund of P&I-$30.63 • gg. Gary & Dianne Welch -refund of P&I-$91.29 • hh. Will Properfies-refund of P&I-$394.35 • ii. Gary & Sheila Thomas -refund of P&I-$72.75 • B. Andrew Hajash Jr. -refund of P&I-$81.65 • kk. Janelle Medeley-refund of P&I-$184.35 • 11. David & Roberta Meduna-refund of P&I-$184.79 • mm. David & Roberta Meduna-refund of P&I-$4.17 • nn. David & Roberta Meduna-refund of P&I-$3.07 • oo. David & Roberta Meduna-refund of P&I-$4.73 • pp. David & Roberta Meduna-refund of P&I-$70.38 • qq. David & Roberta Meduna-refund of P&I-$50.96 • rr. David & Roberta Meduna-refund of P&I-$20.62 • ss. David & Roberta Meduna-refund of P&I-$50.98 • tt. Jean Howe Gould & Gregory Howe -refund of P&I-$46.88 • uu. Jean Howe Gould & Gregory Howe -refund of P&I-$46.03 • w. Jean Howe Gould & Gregory Howe -refund of P&I-$46.03 • ww. Jean Howe Gould & Gregory Howe -refund of P&I-$46..03 • = Jean Howe Gould & Gregory Howe -refund of P&1-$30.70 • yy. Ivan & Karina Lieben-refund of P&I-$53.65 6. Adjourn The County Administration Building, 200 South Texas Avenue, Suite 332, Bryan, Texas is wheelchair accessible. Flandicap 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) 3614102. Vol. W16/) Pg. 61_�' MINUTES AUGUST 30, 2016 BRAZOS COUNTY COMMISSIONERS COURT SPECIAL CALLED SESSION Call to Order A Special Called Session of the Commissioners' Court of Brazos County, Texas was held in the Commissioners' Courtroom in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:30 a.m. on Tuesday, August 30, 2016 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 2. Adoption of the Revised County Health Care Provider Participation Program Rules and Procedures. The County Judge called the meeting to order at 10:30 a.m. On motion by Commissioner Cauley, seconded by Commissioner Catalena, the Court voted unanimously to adopt the amended County Health Care Provider Participation Program Rules and Procedures. A copy is attached. Pg. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. Establishment of the mandatory payments for the Local Provider Participation Fund for the period of September 1, 2016 -August 31, 2017. A motion was offered by Commissioner Cauley to establish the rate of six percent (6%). The motion was seconded by Commissioner Wassermann and passed unanimously. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 4. Amended Sheriff's and Constables' fees to become effective January 1, 2017. A copy of the amended fees is attached. Motion: , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Catalena, Cauley, Mallard, Peters, Wassermann. 5. Reconsideration of requests from the following individuals for waiver of penalty and interests due to mailing their tax payments to the old tax office address: • a. William & Linda Marr -refund of P&I-$226.60 • b. Tommy & Noell Vance -refund of P&I-$81.40 • c. Phillip Blackburn -refund of P&I-$221.24 • d. Phillip Blackburn -refund of P&I-$148.08 • e. Phillip Blackburn -refund of P&I-$77.65 • f. Park -More Investments -refund of P&I-$22.01 • g. Park -More Investments -refund of P&I-$50.63 • h. Park -More Investments -refund of P&I-$91.87 • i. Park -More Investments -refund of P&I-$38.34 • j. Park -More Investments -refund of P&I-$98.18 • k. Park -More Investments -refund of P&I-$239.07 • I. Park -More Investments -refund of P&I-$21.18 • m. Stone Haven Management Corp -refund of P&I-$5.65 • n. Stone Haven Management Corp -refund of P&I-$2.70 • o. Stone Haven Management Corp -refund of P&I-$6.52 • p. Stone Haven Management Corp -refund of P&I-$7.30 • q. Stone Haven Management Corp -refund of P&I-$6.52 • r. Stone Haven Management Corp -refund of P&I-$5.91 • s. Stone Haven Management Corp -refund of P&I-$7.39 • t. Stone Haven Management Corp -refund of P&I-$14.42 • u. Stone Haven Management Corp -refund of P&I-$14.58 • v. Stone Haven Management Corp -refund of P&I-$6.83 • w. Stone Haven Management Corp -refund of P&I-$120.13 • x. Stone Haven Management Corp -refund of P&I-$718.63 • y. Stone Haven Management Corp -refund of P&I-$159.05 • z. Stone Haven Management Corp -refund of P&I-$6.14 Vd. tLO Pg. l" • aa. Barry & Laura Hendler-refund of P&I-$57.50 • bb. Latitude Enterprises Inc. -refund of P&I-$33.23 • cc. Latitude Enterprises Inc. -refund of P&I-$61.03 • dd. Latitude Enterprises Inc. -refund of P&I-$60.29 • ee. Latitude Enterprises Inc. -refund of P&I-$60.63 • ff. Welch Construction -refund of P&I-$30.63 • gg. Gary & Dianne Welch -refund of P&I-$91.29 • hh. Will Properties -refund of P&I-$394.35 • ii. Gary & Sheila Thomas -refund of P&I-$72.75 • jj. Andrew Hajash Jr. -refund of P&I-$81.65 • kk. Janelle Medeley-refund of P&I-$184.35 • 11. David & Roberta Meduna-refund of P&I-$184.79 • mm. David & Roberta Meduna-refund of P&I-$4.17 • nn. David & Roberta Meduna-refund of P&I-$3.07 • oo. David & Roberta Meduna-refund of P&I-$4.73 • pp. David & Roberta Meduna-refund of P&I-$70.38 • qq. David & Roberta Meduna-refund of P&I-$50.96 • rr. David & Roberta Meduna-refund of P&I-$20.62 • ss. David & Roberta Meduna-refund of P&I-$50.98 • tt. Jean Howe Gould & Gregory Howe -refund of P&I-$46.88 • uu. Jean Howe Gould & Gregory Howe -refund of P&I-$46.03 • vv. Jean Howe Gould & Gregory Howe -refund of P&I-$46.03 • ww. Jean Howe Gould & Gregory Howe -refund of P&I-$46..03 • xx. Jean Howe Gould & Gregory Howe -refund of P&I-$30.70 • yy. Ivan & Karina Lieben-refund of P&I-$53.65 Civil Counsel Bill Ballard explained that a request was made to reconsider waiving the penalty and interest due to tax payments being mailed to the old tax office address. Mr. Ballard stated that an argument could be made for June 30th as the deadline date and not May 8th, since the 2014 Tax Statement listed the old tax office address. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted to remove the following from consideration of waiver of penalty. ii. Gary & Sheila Thomas jj. Andrew Hajash Jr. II. David & Roberta Meduna mm. David & Roberta Meduna nn. David & Roberta Meduna cc. David & Roberta Meduna pp. David & Roberta Meduna qq. David & Roberta Meduna rr. David & Roberta Meduna ss. David & Roberta Meduna tt. Jean Howe Gould & Gregory Howe uu. Jean Howe Gould & Gregory Howe vv. Jean Howe Gould & Gregory Howe ww. Jean Howe Gould & Gregory Howe yy. Ivan & Karina Lieben Vol. —V� _ P �g.1 The foregoing minutes of the Commissioners Court Special Session held/ August 30, 2016, have been examined and are approved in open Court this the PA day of m e.f 2016, in Bryan, Brazos County, Texas. Duane Peters County Judge Lloyd Wokssermarm Commissioner, Precinct 1 ammy Cata na Kenny Mallar� Commissio er, Precinct 2 Commissioner; Precinct 3 Irma Cauley N Commissioner, Attest: Karen McQueen County Clerk Vol. A Pg. /� L� BRAZOS COUNTY COIvMS SIONER' S COURT gebal Sess� eve Name (PLEASE PRLNT) /L CA (jo vi Z Uvi T / i -. 0 4-11 ( .u- 20 1 /-, Organization (PLEASE PRINT) �Lel=- Tlnvt d-f}ssou�cS hs-s�cc COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM MODEL RULES AND PROCEDURES General Provisions Rule 1..Definitions. In these rules and procedures: (a) "Mandatory payment" means a mandatory payment authorized under Subtitle D of Title 4 of the Texas Health & Safety Code. (b) "Institutional health care provider" means a nonpublic hospital that provides inpatient hospital services. (c) "Paying hospital" means an institutional health care provider required to make a mandatory payment. (d) "Program" means a county health. care provider participation program authorized under Subtitle D of Title 4 of the Texas Health & Safety Code. (e) "located in the County" shall mean the hospital located within Brazos County and any affilaiated subsidiary hospital located in a County where it is the sole hospital within that County. (f) "Fiscal Year" shall mean September 1 through August 31 of any given year. (g) "County" shall mean Brazos County. Rule 2. County Health Care Provider Participation Program; Participation in Program. (a) A county health care provider participation program authorizes a county to collect a mandatory payment from each institutional health care provider located in the county to be deposited in a local provider participation fund established by the county. Money in the fund may be used by the county to fund certain intergovernmental transfers and indigent care programs as provided by these rules and procedures. (b) The Brazos County Commissioners Court may adopt an order authorizing the County, to participate in the program, subject to the limitations provided by these rules and procedures. (c) To the extent any provision or procedure under Subtitle D of Title 4 of the Texas Health & Safety Code causes a mandatory payment to be ineligible for federal matching funds, the county may provide by rule for an alternative provision or procedure that conforms to the requirements of the federal Centers for Medicare and Medicaid Services. Powers and Duties of Commissioners Court Rule 3. Limitation on Authority to Require Mandatory Payment. The County may require a mandatory payment from an institutional health care provider only in the manner provided in these rules and procedures. Local. Provider Participation Fund Revised Rule Septembert 1, 2016 Page 1 Vol. Pg. 7r Rule 4. Majority Vote Required Prior to Mandatory Payment. The County may not collect a mandatory payment without an affirmative vote of a majority of the members of the commissioners court. Rule 5. Institutional Health Care Provider Reporting; Inspection of Records. (a) The County shall require each institutional health care.provider to submit to the County a copy of any financial. and utilization data required by and reported to the Department of State Health Services under Texas Health & Safety Code Sections 311.032 and 311.033 and any rules adopted by the executive commissioner of the Health and Human Services Commission to implement those sections. (b) The County may inspect the records of an institutional health care provider to the extent necessary to ensure that the provider has submitted all required data under this Rule. General Financina Provisions Rule & Hearing. (a) Each year, the County Commissioners Court shall hold a public hearing on the amounts of any mandatory payments that the Commissioners Court intends to require during the year and how the revenue derived from those payments is to be spent. (b) Not later than the 10th day before. the date of the hearing required under Rule 6(a), the County Commissioners Court shall publish notice of the hearing in a newspaper of general circulation in the County. (c) A representative of a paying hospital is entitled to appear at the time and place designated in the public notice and to be heard regarding any matter related to the mandatory payments. Rule 7. Depository. (a) The County shall designate one or more banks located in the County as the depository for mandatory payments received by the County. A bank designated as a depository serves for two years or until a successor is designated. (b) All income received by a County, under these rules and procedures, including the revenue from mandatory payments remaining after fees for assessing and collecting the payments are deducted, shall be deposited with the County depository in the County's local provider participation fund and may be withdrawn only as provided by these rules and procedures. (c) All funds under these rules and procedures shall be secured in the manner provided for securing County funds. Rule 8. Local Provider Participation Fund; Authorized Uses of Money. (a) The County shall create a local provider participation fund. (b) The local provider participation fund of the County consists of: (1) all revenue received by the County attributable to mandatory payments, including any penalties and interest attributable to delinquent payments; Local Provider Participation Fund Revised Rule Septembert 1, 2016 Page 2 Vol. -A/C — pg. (2) money received from the Health and Human Services Commission as a refund of an intergovernmental transfer from the County to the statefor the purpose of providing the nonfederal share of Medicaid supplemental payment program payments, provided that the intergovernmental transfer does not receive a federal matching payment; and (3) the earnings of the fund. . (c) Money deposited to the local .provider participation fund may be used only to: (1) fund intergovernmental transfers from the County to the state to provide the nonfederal share of a Medicaid supplemental payment program authorized under the state Medicaid plan, the Texas Healthcare Transformation and Quality Improvement Program waiver issued under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315), or a successor. waiver program authorizing similar Medicaid supplemental payment programs; (2) subsidize indigent programs; (3) pay the administrative expenses of the County solely for activities under these rules and procedures; (4) refund a portion of a mandatory payment collected in error from a paying hospital; and (5) refund to paying hospitals the proportionate share of money received by the County from the Health and Human Services Commission that is not used to fund the nonfederal share of Medicaid supplemental payment program payments. (d) Money in the local provider participation fund may not be commingled with other County funds. .(e) An intergovernmental transfer of funds described by Rule 8(c)(1) and any funds received by the County as a result of an intergovernmental transfer described by that rule may not be used by the County. or any other entity to expand Medicaid eligibility under the Patient Protection and Affordable Care Act (Pub: L. No. 111-148) as amended by the Health Care and Education. Reconciliation Act of 2010 (Pub. L. No. 111-152). Mandatory Payments Rule 9. Mandatory Payments Based on Paying Hospital Net Patient Revenue. (a) Except as provided by Rule 11, the Commissioners Court of a County that collects .a mandatory payment may require an annual mandatory payment to be .assessed on the net patient revenue of each institutional health care provider located in the County. (b) The Commissioners Court may provide for the. mandatory payment to be assessed annually. Mandatory payments are typically due no later than the end of the fiscal year. (c) In the first year in which the mandatory payment is required, the mandatory payment is assessed based on the data for 2013 collected pursuant to Section 5(a). If no such data are available for an institutional health care provider, the mandatory Local Provider Participation Fund Revised Rule Septembert 1, 2016 Page 3 (Vol. _gS« Pg.- — L— payment may be calculated based on the institutional health care provider's Medicare cost report submitted for the 2013 fiscal year or for the closest subsequent fiscal year for which the provider submitted the Medicare cost report. (d) The County shall update the amount of the mandatory payment on an annual basis. (e) If the County selects a new net patient revenue base year and full -year data for a hospital is unavailable, the County may project a hospital's base .year net patient revenue either by extrapolating available partial year data from the base year or by using published data from the most recent fiscal year available.. Rule 10. Mandatory Payment Requirements (a) The amount of a mandatory payment must be uniformly proportionate with the amount of net patient revenue generated during the most recent complete fiscal year by each paying hospital in the County. If net patient revenue generated during.the most recent fiscal year is incomplete, the payment shall be assessed on a 12 -month projected estimate based on the available data from the most recent fiscal year. (b) The Commissioners Court of the County shall set the amount of the mandatory payment. (c) Subject to the maximum amount prescribed by Rule 11(a), the Commissioners Court of the County shall set the mandatory payments in amounts that in the aggregate will generate sufficient revenue to cover the administrative expenses of the County for activities under these. rules .and procedures and to fund purposes described in Rule 8(c). The annual amount of revenue from mandatory payments used for administrative expenses of the County for activities under these rules and procedures may not exceed the lesser of four percent of the total revenue generated from the mandatory. payment or $20,000. , (d) The County shall invoice the Paying Hospitals once per fiscal year. Rule 11. Mandatory Payment Prohibitions. (a) The amount of the mandatory payment required of each paying hospital may not exceed an amount that, when added to. the. amount of the mandatory payments required from all other paying hospitals in the County, equals an amount of revenue that exceeds six percent of the aggregate net patient revenue of all paying hospitals in the County. (b) A mandatory payment may not hold harmless any institutional health care provider, as required under 42 U.S.C. Section 1396b(w). (c) A Paying Hospital may not add a mandatory payment required under this section as a surcharge to a patient. (d) If a County determines that administration of mandatory payments is increasing the costs of health care to the residents of the County, the Commissioners Court may rescind participation in the program and refund to each paying hospital the proportionate share of any money remaining in the local provider participation fund at the time the County's participation is rescinded. Local Provider Participation Fund Revised Rule Septembert 1, 2016 Page 4 Vol. o�_y� Pg. /( 1 Rule 12. Assessment and Collection of Mandatory Payments. (a) Except as provided by Rule 12(b), the County tax assessor -collector shall collect the mandatory payment. The County tax assessor -collector shall charge and deduct from mandatory payments. collected for the County a fee for collecting the mandatory payment in an amount determined by the Commissioners Court of the County, not to exceed the County tax assessor -collector's usual and customary charges. (b) The Commissioners Court may contract for the assessment and collection of mandatory payments in the manner provided. by Title 1, Tax Code, for the assessment and collection of ad valorem taxes. (c) Revenue from a fee charged.. by a County tax assessor -collector for collecting the mandatory, payment shall be. deposited in the County general fund and, if appropriate, shall be reported as fees of the County tax assessor -collector. Rule 13. Interest and Penalties. Any interest and penalties on mandatory payments are governed by the law applicable to County ad valorem taxes. Discounts applicable to County ad valorem taxes do not apply. P OVED Duane Peters Date County Judge Local Provider Participation Fund Revised Rule Septembert 1, 2016 Page 5 VO 1. _� pg, BRAZOS COUNTY BRYAN,TEXAS AMENDED Whereas, Subchapter F, §118.131 of the Local Government code, authorizes the Commissioners Court of each County to set reasonahle fees to be charged for certain services by the office of Sheriff and Constable; and Whereas, the Brazos County Commissioners court has determined the fees listed below are required to recoup the costs to Brazos County for the services; Therefore, the commissioners Court is ofthe opinion that the following fees are reasonable and should be established fort these Services in Brazos County effective January 1, 2017, and to remain in effect until further orders of the Court. These fees will be for the District Courts Cc unity Courts Justice of the Peace Courts and Small Claims Courts. NOTICES: SUBPOENAS SUMMONS WRIT OF A ITACHMENT WRIT OF GARNISHMENT WR! I OF SEQUESTRATION ORDER OF SALE WRIT OF POSSESSION FORCIBLE DETAINER WRIT OF RETRIEVAL SERVICE FEES: SMALL CLAIMS CITATION JUSTICE COURT CITATION ALL OTHER COURTS' CITATIONS OTHER SERVICE FEES: ALL CITATIONS ALL WRITS POSTING OF PUBLIC NOTICE OF SALE PRECEPTS SHOW CAUSE EXECUTING A DEED FOR REAL PROPERTY EXECUTING A BILL OF SALE FOR REAL PROPERTY RESTRAINING ORDER DISTRESS WARRANT TURNOVER ORDER WITH EXECUTION COMMITMENT (FROM CIVIL SUITS) CITATION/TEMPORARY PROTECTIVE ORDER NOTICE OF APPLICATION/PROTECTIVE ORDER JUDGMENT NISI ESTRAY FEES: LIVESTOCK COLLECTION FEE, per head IMPOUNDMENT FEE BOARDING & FEEDING Per day, small animal (sheep. ¢os, slue) Per day, large animal (tante, noon, mwe, m-cey) $70.00 $70.00 $125.00 $12.5.00 $125.00 $125.00 $12 S.00 (mus $soon/n, per depury are, 2 e,s.] $100.00 $125.00 (Plus $so-aapv per deputy atter 2 hrs.l $70.00 $70.00 $70.00 $70.00 $125.00 (unless fee mandated by state] $30.001earn memmnl $70.00 $70.00 $70.00 $70.00 $125.00 $125.00 $125.00 $125.00 $30.00 $30.00 $20.00 $25.00 $6.00 $10.00 PPRO 8 l SERVICE COMMISSION FOR EXECUTIONS AND ORDER OF SALE: W FOR ALL SUMS $0 - $200 ..... ........ ......... 10% Duane Peters Date FOR ALL SUMS $200 - $1000 ........................6% CORnty,fudge FOR ALL SUMS $1000 - $5000. . . . . ..... 3% FOR ALL SUMS $5000— UP .......................... 2% First $200 a fee of 10%, and additional 6%for the next $800, and additional 3% for the next $4,000 and an additional 2% for any amounts over $5,000. If the above sums are collected without sale, ane -half (1/2) of the fore gdinig rarates shall apply. Vol. _. Pg. L _