Resolution No. 336

Supervisors BORN AND ARGOTSINGER offered the following Resolution and moved its adoption:

RESOLUTION AUTHORIZING RECOUPMENT PAYMENT TO THE NYS DEPARTMENT OF HEALTH FOR PURPORTED STATE OVERPAYMENTS TO THE FORMER MENTAL HEALTH CLINIC (COPS PROGRAM)

WHEREAS, in December of 2012, the NYS Department of Health (DOH) and NYS Office of Mental Health conducted a Comprehensive Outpatient Program (COPS) audit for 2006, 2007 and 2008; and

WHEREAS, as a result of said audit, the NYS DOH purported that the former County Mental Health Clinic had been overpaid Medicaid reimbursement, that, including interest and penalties, totaled $258,157.00; and

WHEREAS, in late 2016, the NYSDOH clawed back the sum of $64,935.00 from Fulton County Public Health Department Medicaid revenue as partial payment toward said audit claim; and

WHEREAS, the County, with the assistance of Bonadio group, Certified Public Accountants, has obtained partial relief against said claim in the amount of $58,583.00, representing waived interest and penalties and other negotiated reductions; and

WHEREAS, the Community Services Director and Committees on Human Services and Finance, have determined that the County has exhausted any further recourse to challenge the NYSDOH recoupment demanded by the aforementioned audit; now, therefore be it

RESOLVED, That the County Treasurer be and hereby is directed to issue a payment to the New York State Department of Health in the amount of $134,639.00 to satisfy the balance owed related to said COPS Audit performed by the NYS Office of Mental Health for 2006, 2007 and 2008; and, be it further

RESOLVED, That the 2018 Adopted Budget be and hereby is amended, as follows:

Revenue Account:
Increase A.4310.4320-4490-REV-Federal Aid – Mental Health $104,568.00
(A-0691.0445 - Deferred Revenues - Mental Health)

Appropriation Account:
Increase A.4310.4320-4912-EXP-Mental Health Overpayments $104,568.00

and, be it further 

RESOLVED, That the County Treasurer be and hereby is directed to make the following transfer:

From: A.1000.1990-4907-EXP-Contingent Fund Expense
To: A.4310.4320-4912-EXP-Mental Health Overpayments
Sum: $30,071.00

and, be it further

RESOLVED, That the Director of Community Services and Treasurer do each and every other thing necessary to further the purport of this Resolution; and, be it further

RESOLVED, That certified copies of this Resolution be forwarded to the County Treasurer, Director of Community Services, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

Seconded by Supervisor WALDRON and adopted by the following vote:

TOTAL: Ayes: 18 Nays: 0 Absent: 2 (Supervisors Groff and Potter)

Resolutions