HomeMy WebLinkAboutResolution 2009-38 appointing the Director of Human ResourceIr;
Council/Agency Meeting Held: OD
Deferred/Continued to:
4Appr ved ❑ Conditionally Approved ❑ Denied
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Council Meeting Date: 7/20/2009
Department ID Number: I HR 09-06
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor ano Members of the City Council
SUBMITTED BY: Fred A. Wilson, Cit inistrator
PREPARED BY: Michele Carr, Direct of Human Resou
SUBJECT: Human Resources - Adopt Resolution appointing the position of Director
of Human Resources as the Authorized Representative of the City of
Huntington Beach (City) for the purpose of complying with the
Medicare, Medicaid and SCHIP Extension Act of 2007 Section 111
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Section 111 of the Medicare, Medicaid and SCHIP extension Act of
2007 was enacted for the purpose of the mandatory reporting of Medicare beneficiaries who
receive personal injury settlements, judgments, awards or other payments from liability
insurance (including self-insurance), no-fault insurance and workers' compensation. The
reporting process enables the Center for Medicare/Medicaid Service to determine if they are
the secondary payer and when necessary, to seek reimbursement from the primary payer for
those services that Medicare is not responsible to pay.
Funding Source: Not Applicable
Recommended Action: Motion to: Adopt a Resolution appointing the Director of
Human Resources as the Authorized Representative for compliance with the Medicare,
Medicaid and SCHIP Extension Act of 2007.
Alternative Action(s): This is Mandatory Reporting required by the Government.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/20/2009 DEPARTMENT ID NUMBER: HR 09-06
Analysis: Medicare is a government program that provides medical insurance for
individuals 65 years and older, individuals under 65 with certain disabilitiesp and those
regardless of age with end -stage renal disease. In 1980, Congress passed the Medicare
Secondary Payer as a cost-cutting measure, to prevent Medicare from paying claims for
which other insurance (including liability) was already responsible, thus making Medicare the
"secondary" payer if there is a "primary plan" that is responsible. Workers' compensation has
been considered a "primary payer" since 1965 and has procedures in place that require
approval of lump -sum settlements of future medical care by Medicare prior to settlement.
MMSEA Section 111 mandates that the Required Reporting Entity (RRE) submit information
electronically when an injured party is a Medicare beneficiary.
The City has "applicable plans" as defined in 42 U.S.C. 139y (b) (8) and is therefore an RRE
and must comply with the mandatory reporting for liability and workers' compensation, which
takes effect July 1, 2009. There is an enforcement penalty of $1,000 per day, per claim for
failure to report. Each RRE must assign or name an Authorized Representative. This
individual must have the legal authority to bind the City to a contract and terms of MMSEA
Section 111 requirements and processing. The Authorized Representative has ultimate
accountability for the RRE's compliance with MMSEA Section 111 reporting requirements.
The position of Director of Human Resources has been identified to fulfill the obligation of
Authorized Representative on behalf of the City as the Manager of both the liability and
workers' compensation programs report directly to that position.
Based on the above analysis, the Human Resources Department in conjunction with the City
Attorney has determined that the role of Authorized Representative for the City of Huntington
Beach be appointed to the position of Director of Human Resources to comply with the
Medicare Secondary Payer Mandatory Reporting Provision.
Strategic Plan Goal: Improve internal and external communication.
Environmental Status
Attachment(s):
Not Applicable.
1. Resolution appointing the Director of Human Resources as the
Authorized Representative for the purpose of complying with the
Medicare, Medicaid and SCHIP Extension Act of 2007, Section 111.
-2- 7/6/2009 12:15 PM
ATTACHMENT
RESOLUTION NO. 2009-38
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPOINTING THE DIRECTOR OF HUMAN
RESOURCES AS THE AUTHORIZED REPRESENTATIVE FOR COMPLIANCE WITH
THE MEDICARE, MEDICAID AND SCHIP EXTENSION ACT OF 2007
WHEREAS, Section 11 I of the Medicare, Medicaid and SCRIP Act of 2007 (the "Act")
mandates that reporting entities report to the Center for Medicare/Medical Service, Medicare
beneficiaries who receive personal injury settlements, judgments, awards or other payments from
liability insurance, no-fault insurance and workers compensation; and
The Act further mandates that the reporting entity designate an individual as its
authorized representative to report such events; and
The City of Huntington Beach is a reporting entity pursuant to the Act; and
The City Council desires to designate the Director of Human Resources as its authorized
representative for reporting purposes,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
The Director of Human Resources is the authorized representative of the City for the
purpose of complying with the Act regarding reporting of Medicare beneficiaries who receive
personal injury settlements, judgments, awards, or other payments from liability insurance, no-
fault insurance and workers compensation.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of July , 20 09 .
of Human Resources
APPROVED AS TO FORM:
n�i i �'v
Cit ttorney
7 - . Oq
35823
Res. No. 2009-38
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of. the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on July 20, 2009 by the following vote:
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
NOES: None
ABSENT: None
ABSTAIN: None
Cit Jerk and ex-officio (Aerk of the
City Council of the City of
Huntington Beach, California
INITIATING DEPARTMENT:
Human Resources
SUBJECT:
Mandatory Medicare Reporting
COUNCIL MEETING DATE:
July 20, 2009
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
El
Not Applicable
❑
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Attached
❑
(Signed in full by the City Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
❑
Not Applicable
Bonds (If applicable)
Attached
❑
Not Applicable
Staff Report (If applicable)
Attached
❑
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
EXPLANATION FOR MISSINGTT C T
REVIEWED
RETURNED
FORWADED
Administrative Staff
( )
)
Deputy City Administrator (Initial)
( )
)
City Administrator (Initial)
I Y)
City Clerk
( )
EXPLANATION FOR RETURN OF ITEM: -
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RCA Author: Patti Williams