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HomeMy WebLinkAboutMedicare Part D LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us SCO'IT A. RUSSELL Supervisor PATRICIAA. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Lynne Krauza Secretary to the Town Attorney Date: July 27,2006 Subject: Medicare Part D - Retiree Drug Subsidy Distribution Agreement for NYSHIP Participating Employers For your records, I am enclosing the original, fully executed Agreement in connection with the referenced matter. Also attached is a copy of the resolution authorizing Scott to sign same. If you have any questions, please do not hesitate to call me. Thank you for your attention. Ilk Enclosures cc: Mr. John Cushman, Comptroller (w/encls.) Medicare Part D Retiree Drug Subsidy Distribution Agreement for NYSHIP Participating Employers The New York State Department of Civil Service (the Department) shall administer the Medicare Part D Retiree Drug Subsidy (RDS) on behalf of each participating employer (the Employer) in the New York State Health Insurance Program (NYSHIP). The Department shall provide to each Employer its RDS based upon the actual drug utilization of each employer's qualified enrollees based upon the enrollment information provided by the Employer. In order to effect this distribution, the Department ~e Employer: (" ,\ (A _ /'l (Insert Agency Neme) t!J / 1\/ h t..J.D. 4~ d (Insert Agency Code) (13 ((7 7 '"-) . agree to the following: 1. The DEPARTMENT shall be responsible for all aspects of administering the RDS with the Centers for Medicare and Medicaid Services (CMS), including but not limited to, filing RDS applications and providing required documentation. 2. The DEPARTMENT shall, as soon as practicable, submit enrollment and claims data to the CMS for the purpose of claiming the RDS subsidy attributable to NYSHIP enrolled individuals deemed by CMS to be eligible for such subsidy. The enrollment data used for claiming the RDS shall be that maintained by the Employer; it is the responsibility of the Employer to ensure that its enrollment data as it appears in the New York Benefit and Enrollment System (NYBEAS) is accurate. 3. The DEPARTMENT shall distribute to the Employer any Medicare Part D RDS amount due the Employer for its qualified enrollees under the NYSHIP as soon as practicable after such funds are received from CMS. The distribution shall be made in the form of a credit to the Employer's monthly NYSHIP bill. 4. The monthly RDS credit applied to an Employer's bill shall be based on the Department's calculation of each Employer'S share of the RDS paid to the DEPARTMENT by CMS. The actual amount due each Employer will be based upon the results of an audit conducted by CMS not more than 15 months after the end of each calendar year. Any adjustments to the Employer's RDS amount as the result of such audit shall be made as soon as practicable by the DEPARTMENT as a credit to the Employer's monthly bill if the original RDS amount was underpaid or as a charge to the Employer's monthly bill if the original RDS amount was overpaid. r: :~":~,. t..l,"J'''!J 5. In the event the Employer withdraws or is expelled frd\r1''f-.NSHlP;, t~iamoonf"~~!' of any underpayment(s) of the RDS for prior years ideb!iiie.O,lbr,lOlugh..tJUl.~i~ ;";;;', process shall be made by the DEPARTMENT to the Employer within 30-days following the completion of such audit provided that there are no outstanding balances due to the Department by the Employer. Page 1 6. In the event the Employer withdraws or is expelled from NYSHIP, the Employer agrees that the amount of any overpayment(s) of the RDS for prior years identified through the audit process shall be transmitted to the Department within thirty (30) days of receipt of a notice calling for such payment. The EMPLOYER agrees that in the event it fails to, or is unable to, transmit the amount due as required hereinabove, it shall be subject to the withholding of any allotment, apportionment, or payment of local assistance aid, education aid, or any other state aid as appropriated as determined by the Comptroller of the State of New York in an amount equal the amount of such default as determined by the DEPARTMENT. 7. The audit findings of CMS and/or the Department shall be the sole basis for determining the amount of any RDS overpayment or underpayment. 8. This agreement shall be deemed executory only to the extent of monies available to the DEPARTMENT from the Medicare Part D RDS and no liability shall be incurred by the DEPARTMENT beyond the monies available for the purposes hereof. IN WITNESS WHEREOF, the parties have executed this agreement on the dates indicated. APPROVE~: BY: re~ CHIEF ISCAl OFFICER OR DESIGNEE PARTICIPATING EMPLOYER DATE: .s /31 /iJ(;' APPROVED: B~~~ NEW YORK STATE DEPARTMENT OF CIVil SERVICE DATE: 71shz I ACKNOWLEDGEMENT: d SWORN TO BEFORE ME THIS ...!/ day of 'fi)nt ' 20~. ~~ ACKNOWLEDGEMENT: SWORN TO BEFORE ME THIS ) 1 day of ;r A1 ' 20.Q{... )~~7J~/- JEFfREY M. BRAUDE NGlalY Public, Slate of New v01'fI Qualnied in Albany Co. No. 02BR614061l9 Commission Expires Jan. 3D, 20-1..!L LINDA J COOPER NOTARY PUBUC, State of New York NO. Of C0482251l3, Suffolk C~~"'!; Term Expires December 31, 2 Page 2 '-\~- RESOLUTION 2006-506 ADOPTED DOC ID: 1902 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-506 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 6, 2006: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Medicare Part D Retiree Drue Subsidy Distribution Aereement for NYSHIP Participatioe Emplovers, subject to the approval of the Town Attorney. ar~CfCl.Q-;p.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS) MOVER: William P. Edwards, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans