R-1841 - 11/12/2019 - FIRE DEPARTMENT - Resolutions ITEM 6.D.6
BOARD OF TRUSTEES MEETING
VILLAGE OF SAMUEL E. DEAN BOARD ROOM
OAK B R� K BUTLER GOVERNMENT CENTER
Oe
1200 OAK BROOK ROAD
OAK BROOK, ILLINOIS
630-368-5000
AGENDA ITEM
Regular Board of Trustees Meeting
of
November 12, 2019
SUBJECT: Intergovernmental Agreement
FROM: Barry Liss, Fire Chief OK�
BUDGET SOURCE/BUDGET IMPACT: General Fund Accounts#10-43040
and#10-43991.
RECOMMENDED MOTION: I move that the Village Board approve
Resolution 2019-IGA-FD-GEMT-R-1841, a Resolution entering into an
Intergovernmental Agreement between the State of Illinois Department of Healthcare and
Family Services and the Village of Oak Brook in order to provide greater Emergency
Medical Services cost coverage with enhanced Medicaid/Public Aid rates for ambulance
services provided through the Village.
Backeround/History:
The Federal Government provides for the Ground Emergency Medical Transportation
(GEMT)program which supplements payments to publicly owned or operated qualified
GEMT providers such as the Village of Oak Brook's Fire Departments Emergency
Medical Services for ambulance services provided to a patient with Medicaid or Public
Aid health insurance coverage.
The supplemental payments cover the funding gap between a provider's actual costs per
ambulance transport of a Medicaid patient and the allowable amount received from
Medicaid and any other sources of reimbursement.
Article XII of the Illinois Public Aid Code authorizes the Illinois Department of
Healthcare and Family Services to make use of, aid and co-operate with State and local
governmental agencies which operate a Fire Department that is enrolled in the Medical
Assistance Program that provides covered ambulance services to individuals eligible for
benefits.
BOT AGENDA Page I
�G
Between January 1, 2019 and October 30, 2019, department ambulance billing records
indicated that the department only responded to 16 incidents involving patients under
Medicaid, which accounted for only 1.95%of the total incidents during that same time
frame. Currently, collections under the Medicaid Ambulance Transportation Rate Fee
Schedule provides only$224.42 for advanced life support (ALS) care and only$144.73
for basic life support(BLS)care with$5.60 provided per mile travelled from the point of
pick up to the emergency department. Under the GEMT, Oak Brook could potentially
receive revenue increases of as much as $1,800 per trip for future incidents.
Recommendation:
That the above motion be presented to the board for approval.
BOT AGENDA Page 2
THE VILLAGE OF OAK BROOK
COOK AND DUPAGE COUNTIES, ILLINOIS
RESOLUTION
2019-IGA-FD-GEMT-R-1841
A RESOLUTION
APPROVING AND AUTHORIZING
THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND THE
DEPARTMENT OF HEALTHCARE AND
FAMILY SERVICES
GOPAL G. LALMALANI, Village President
CHARLOTTE K. PRUSS, Village Clerk
JOHN BARR
PHILIP CUEVAS
MICHAEL MANZO
MOIN SAWED
EDWARD TIESENGA
ASIF YUSUF
Village Board
Published in pamphlet form by authority of the
President and the Board of Trustees of the Village of Oak Brook
on this the 12th day of November, 2019
RESOLUTION 2019 IGA-FD-GEMT-R-1841
A RESOLUTION
APPROVING AND AUTHORIZING
THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND
THE DEPARTMENT OF HEALTHCARE
AND FAMILY SERVICES
WHEREAS, the Village of Oak Brook is a municipal corporation with authority provided
for and granted pursuant to the Illinois Municipal Code to exercise certain powers and perform
certain functions pertaining to its local government and affairs;
WHEREAS,the Village of Oak Brook(hereinafter referred to as"Village")upon approval
of the corporate authorities may enter into an Agreement with another party pursuant to Illinois
Statute;
WHEREAS,Article VII,Section 10 of the Illinois Constitution of 1970 authorizes units of
local government,including municipalities,to contract to exercise,combine or transfer any power
or function not prohibited to them by law or ordinance;
WHEREAS,the Intergovernmental Corporation Act(5 ILCS 220/1 at seq.)authorizes units
of local government to exercise jointly with any public agency of the State, including other units
of local government,any power, privilege or authority which may be exercised by a unit of local
government individually,and to enter into contracts for the performance of governmental services,
activities and undertakings;
WHEREAS,the'Intergovernmental Cooperation Act",5 ILCS 220/1 et seq.,provides that
any power or powers, privileges or authority exercised or which may be exercised by a unit of
local government may be exercised and enjoyed jointly with any other unit of local government;
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WHEREAS,Section 5 of the"Intergovernmental Cooperation Act",5 ILCS 220/5,provides
that any one or more public agencies may contract with any one or more public agencies to
perform any governmental service, activity or undertaking which any of the public agencies
entering into the contract is authorized by law to perform, provided that such contract shall be
authorized by the governing body of each party to the contract;
WHEREAS,the parties hereto are units of local government as defined by the Constitution
of the State of Illinois,1970,Article VII,Section 10,and the Intergovernmental Cooperation Act;
WHEREAS,the Village when called provides ambulance services and as a result of which
is entitled to the remimbusement of the costs of said service by charging a fee;
WHEREAS, Medical Assistance Program that provides covered ambulance services to
individuals eligible for benefits under the Medical Programs;
WHEREAS,the parties hereto wish to cooperate in establsihing the rates for said services
to provide for the payment of the set rates;and
WHEREAS,the Corporate Authorities of the Village of Oak Brook have determined that it
is in the best interests of the public safety and welfare of the residents of the Village of Oak Brook
to enter into an Intergovernmental Agreement with The Department of Healthcare and Family
Services for the purposes set forth herein.
NOW,THEREFORE,BE IT RESOLVED by the Village President and Board of Trustees
of the Village of Oak Brook,Cook and DuPage Counties,Illinois as follows:
Section One—Recitals
The Corporate Authorities hereby find that all of the recitals hereinbefore stated as
contained in the preamble to the resolution are full,true and correct and do hereby,by reference,
incorporate and make them part of this resolution as legislative findings.
Section Two—Approval of the Intergovernmental Agreement
The Village hereby approves the Intergovernmental Agreement(hereinafter referred to as
the"Agreement")substantially in the form attached hereto and made a part hereof as Exhibit A
3
and directs the Village Manager to negotiate final terms,if any,with the advice of the Village
Attorney.
Section Three—Authorization and Direction
The Village President is hereby authorized,empowered and directed to sign,and the Village
Clerk to attest thereto,the Agreement presented herein and any finally negotiated terms as set forth
therein.
Section Four-Other Actions Authorized
The officers, employees and/or agents of the Village shall take all actions necessary or
reasonably required to carry out and give effect to the intent of this resolution and otherwise to
consummate the transactions contemplated herein, and shall take all actions necessary in
conformity therewith including, without limitation, the execution and delivery of all documents
required to be delivered in connection with the transaction contemplated herein.
Section Five-Authorization of Expenditures
The Corporate Authorities hereby authorize and direct the expenditure of all costs related
to the execution of the Intergovernmental Agreement,additionally,the Village is authorized and
directed to allocate and spend all necessary funds to fulfill the requirements of the
Intergovernmental Agreement and of this resolution.
Section Six-Acts of Village Officials
That all past,present and future acts and doings of the officials of the Village that are in
conformity with the purpose and intent of this resolution are hereby, in all respects, ratified,
approved,authorized and confirmed.
Section Seven—Conflict Clause
All resolutions,parts of resolutions or board actions in conflict herewith are hereby repealed
to the extent of such conflict.
Section Eight—Saving Clause
4
If any section, paragraph,clause or provision of this resolution is declared by a court of
law to be invalid or unconstitutional,the invalidity or unconstitutionality thereof shall not affect the
validity of any other provisions of this resolution,which are hereby declared to be separable.
Section Nine—Effective Date
This resolution shall be in full force and effect from and after its passage, approval and
publication as provided by law.
Section Ten-Publication
This resolution shall be published in book or pamphlet form as provided by the Illinois
Municipal Code.
Section Eleven—Recording
This resolution shall be entered into the minutes and upon the journals of the Board of
Trustees of the Village of Oak Brook.
5
DECIDED pursuant to a Roll Call Vote:
YES NO ABSENT PRESENT
x x
John Barr
x x
Philip Cuevas
x x
Michael Manzo
x
Moin Saiyed
x x
Edward Tiesenga
x x
Asif Yusuf
Gopal G.Lalmalani(if necessary)
5 1 5
TOTAL
PASSED AND APPROVED by the Village of Oak Brook Board of Trustees on the 12th
day of November,2019:
Gopal G.Lalmalani
Village President
ATTEST:
�.Q 4
Charlotte K.Pruss
Village Clerk
7
STATE OF ILLINOIS )
SS
COUNTIES OF COOK AND DUPAGE )
CLERK'S CERTIFICATION
I,Charolette K.Pruss,do hereby certify that I am the duly qualified Village Clerk in and for
the Village of Oak Brook,Cook and DuPage,Counties, Illinois;that I am the keeper of the files,
records,and seal of said Village,and that the following is a true and correct copy of Resolution
No.2019 I GA-FD-G EMT-R-1841
A RESOLUTION APPROVING AND AUTHORIZING
THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND
THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
adopted and approved by the President and the Board of Trustees at an official meeting held on
November 12,2019 and that the vote on the motion for adoption was as follows:
YES NO ABSENT PRESENT
John Barr X X
Philip Cuevas X X
Michael Manzo X X
Moin Saiyed X
Edward Tiesenga X I I IX
Asif Yusuf X X
Gopal G.Lalmalani(if necessary)
TOTAL 5 1 5
1 do further certify that the deliberations of the Board on the adoption of said resolution
were conducted openly,that the vote on the adoption of said resolution was taken openly,that
said meeting was called and held at a specified time and place convenient to the public, that
notice of said meeting was duly given to all of the news media requesting such notice,that said
meeting was called and held in strict compliance with the provisions of the Open Meetings Act of
the State of Illinois,as amended,and with the provisions of the Village Code of the Village of Oak
Brook,as amended,and that the Board has complied with all of the provisions of said Act and
said Code and with all of the procedural rules of the Board.
I further state that this Certification is issued under my hand and the seal of the Village of
Oak Brook as required in the Illinois Compiled Statues 65 ILCS 5/1-2-4.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the
Corporate Seal of said Village of Oak Brook,Cook and DuPa 'es,Illinois on the date set
forth herein. /OF 044,
Charolette K.Pruss,Village Clerk
s`,G
Z�
8 COUNTY
Exhibit A
Intergovernmental Agreement
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INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE DEPARTMENT OF HEALTHCARE AND FAMILY SERVICES
AND
VILLAGE OF OAK BROOK
2020-20
The Illinois Department of Healthcare and Family Services(HFS or the Department)and the Village of
Oak Brook,pursuant to the Intergovernmental Cooperation Act,5 ILCS 220/1 et seq.,hereby enter into
this Intergovernmental Agreement (Agreement) in connection with enhance rates for ambulance
services.HFS and the Village of Oak Brook are collectively referred to herein as"Parties"or individually
as a"Party."
ARTICLE 1
INTRODUCTION
1.01 Background.Article XII of the Illinois Public Aid Code authorizes the Illinois Department of
Healthcare and Family Services to make use of,aid and co-operate with State and local governmental
agencies and the Intergovernmental Cooperation Act,5 ILCS 220/1 et seq.provides for cooperation
between units of government.Provider operates a Fire Department(Provider)that is enrolled in the
Medical Assistance Program that provides covered ambulance services to individuals eligible for benefits
under the Medical Programs;the costs of providing the services described above is not covered by the
fee schedule pursuant to which the Department and Managed Care Organizations(MCOs)pay for such
services.
1.02 Purpose.In order to provide greater cost coverage to Provider through enhanced rates for
services,the Parties enter into this Intergovernmental Agreement.
1.03 Definitions
(a) Covered Ambulance Services means all ambulance services reimbursable under the Illinois
Medicaid state plan and provided to beneficiaries of Medical Programs.
(b) Effective Federal Match Rate means the weighted average of the Federal Medical Assistance
Percentage(FMAP)for Illinois non-Affordable Care Act(ACA)enrollees and the enhanced FMAP
for ACA expansion population based on the percentage of specified covered services to the
different populations.
(c) Fee-for-service or FFS means the services under Medical Programs reimbursed to providers
directly by the Department and not through an MCO.
(d) Managed Care Program means services under the Medical Programs for which the Department
pays a capitated payment to MCOs to cover the cost of covered medical services.
(e) Managed Care Organization(MCO)means an entity under contract with the Department
receiving capitated payments and at risk for providing reimbursement for enrollees.
(f) Medical Programs means programs administered by the Department under the Illinois Public Aid
Code(305 ILCS 5/5 et seq.),the Children's Health Insurance Program Act(215 ILCS 106/1 et seq.)
and the Covering All Kids Health Insurance Act(215 ILCS 170/1 etseq.).
INTERGOVERNMENTAL AGREEMENT
Page 2 of 4
(g) Participating Municipal Ambulance Provider means an ambulance provider owned by a
municipal corporation that has executed an Intergovernmental Agreement with the Department
with terms substantially identical to this Agreement.
(h) Specified Covered Ambulance Services means emergency and non-emergency Basic Life Support
and Advanced Life Support trips and does not include mileage or oxygen.
ARTICLE 11
INTERGOVERNMENTAL TRANSFER
2.01 Provider will transfer on a periodic basis to the Department an amount equal to 50%of the total
enhanced rates paid to Provider by the Department and all MCOs for the period.
2.02 For FFS payments,the Department will send a monthly invoice to Provider for the higher FFS
payments described in Article III.
2.03 For MCO payments,the transfer of 50%of the supplemental payment described in Article III
shall be made within 14 days after the receipt of enhanced payments from the MCO.
ARTICLE III
ENHANCED RATES FOR SERVICES
3.01 Expenditures.The Department shall pay or cause MCOs to pay enhanced rates to Provider for
specified covered ambulance services pursuant to this Article III in addition to payments made at the
Department's published fee schedule.
3.02 The enhanced rate will be determined asfollows:
a. The Department will establish classes of similar Participating Municipal Ambulance
Providers.
b. For each provider in the class,the Department will calculate an amount as follows using
data from each provider's most recent cost report:
L Providers total costs for covered ambulance services will be calculated based on
submittal of the Department's approved cost report.
ii. Total fee schedule payments received for covered ambulance services by Provider will
be subtracted from costs to determine the cost coverage gap.
iii. The cost coverage gap will be divided by the number of Specified Covered Ambulance
Services to determine a per service add-on payment
3.03 For FFS claims,the Department will add the calculated add-on amount to Providers rate on the
FFS fee schedule and the enhanced rate will be paid with the original claim.
3.04 On a quarterly basis,using encounter data of paid claims from each MCO in the Managed Care
Program received by the Department during the quarter,the Department will identify the number of
Specified Covered Ambulance Services provided to each MCO's enrollees by Provider multiplied by the
uniform add-on fee and cause each MCO to pay provider the amount so calculated.
3.05 If mutually agreed upon by the Department and all Participating Municipal Ambulance
Providers,the payment of enhanced rates may be moved from a quarterly basis to a monthlybasis.
ARTICLE IV
TERM
4.01 Term. This Agreement shall commence October 1, 2019, or as soon as federal approval is
received for the Directed Payments required by this Agreement and shall continue until otherwise
terminated by the Parties.
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INTERGOVERNMENTAL AGREEMENT
Page 3 of 4
ARTICLE V
TERMINATION
5.01 Termination on Notice.This Agreement may be terminated by either Party for any or no reason
upon thirty(30)days'prior written notice to the other Party.
5.02 Termination for Cause.In the event either Party breaches this Agreement and fails to cure such
breach within ten(10)days'written notice thereof from the non-breaching Party,the non-breaching
Party may terminate this Agreement upon written notice to the breaching Party.
5.03 Availability of Appropriation; Sufficiency of Funds. This Agreement is contingent upon and
subject to the availability of sufficient funds. The Department may terminate or suspend this
Agreement,in whole or in part,without advance notice and without penalty or further payment being
required, if (i) sufficient funds for this Agreement have not been appropriated or otherwise made
available to the Department by the State or the Federal funding source, (ii) the Governor or the
Department reserves funds,or(iii)the Governor or the Department determines that funds will not or
may not be available for payment.The Department shall provide notice,in writing,to Provider of any
such funding failure and its election to terminate or suspend this Agreement as soon as practicable.Any
suspension or termination pursuant to this Section will be effective upon the date of the written notice
unless otherwise indicated.
ARTICLE VI
MISCELLANEOUS
6.01 Renewal.This Agreement may be renewed for additional periods by mutual consent of the
Parties,expressed in writing and signed by the Parties.
6.02 Amendments.This Agreement may be modified or amended at any time during its term by
mutual consent of the Parties,expressed in writing and signed by the Parties.
6.03 Applicable Law and Severability.This Agreement shall be governed in all respects by the laws of
the State of Illinois.If any provision of this Agreement shall be held or deemed to be or shall in fact be
inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all
cases because it conflicts with any other provision or provisions hereof or any constitution, statute,
ordinance,rule of law or public policy,or for any reason,such circumstance shall not have the effect of
rendering any other provision or provisions contained herein invalid, inoperative or unenforceable to
any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses, or sections
contained in this Agreement shall not affect the remaining portions of this Agreement or any part
thereof. In the event that this Agreement is determined to be invalid by a court of competent
jurisdiction,it shall be terminated immediately.
6.04 Records Retention.The Parties shall maintain for a minimum of six(6)years from the later of
the date of final payment under this Agreement,or the expiration of this Agreement,adequate books,
records and supporting documents to comply with the Illinois State Records Act.If an audit,litigation or
other action involving the records is begun before the end of the six-year period,the records shall be
retained until all issues arising out of the action are resolved.
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INTERGOVERNMENTAL AGREEMENT
Page 4 of 4
6.05 No Personal Liability.No member,official,director,employee or agent of either Party shall be
individually or personally liable in connection with this Agreement.
6.06 Assignment:Binding Effect.This Agreement,or any portion thereof,shall not be assigned by any
of the Parties without the prior written consent of the other Parties.This Agreement shall inure to the
benefit of and shall be binding upon the Parties and their respective successors and permitted assigns.
6.07 Precedence. In the event there is a conflict between this Agreement and any of the exhibits
hereto, this Agreement shall control. In the event there is a conflict between this Agreement and
relevant statute(s)or Administrative Rule(s),the relevant statute(s)or rule(s)shall control.
6.08 Entire Agreement.This Agreement constitutes the entire agreement between the Parties; no
promises, terms, or conditions not recited, incorporated or referenced herein, including prior
agreements or oral discussions,shall be binding upon either Party.
6.09 Notices.All written notices,requests and communications may be made by electronic mail to
the e-mail addresses set forth below.
To HFS:Mary.Doran@illinois.gov
Kiran.Mehta@illinois.gov
To Village of Oak Brook: bliss@oak-brook.org
dzima@oak-brook.org
6.10 Headings.Section and other headings contained in this Agreement are for reference purposes
only and are not intended to describe, interpret, define or limit the scope, extent or intent of this
Agreement or any provision hereof.
6.11 Counterparts.This Agreement may be executed in one or more counterparts,each of which
shall be considered to be one and the same agreement,binding on all Parties hereto,notwithstanding
that all Parties are not signatories to the same counterpart. Duplicated signatures, signatures
transmitted via facsimile,or signatures contained in a Portable Document Format(PDF)document shall
be deemed original for all purposes.
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed by their duly
authorized representatives.
VILLAGE OF OAK BR ILLINIOIS DEPARTMENT OF HEALTHCARE AND
FAMILY SERVICES
Riccardo F.Ginex Theresa Eagleson
Village Manager 4 Director
Date: �� ( Date:
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