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Commissioner Davis wanted to know if the County would be better off paying 100% of <br />the back payments and joining the FAC lawsuit. <br />Attorney Polackwich clarified that joining FAC's lawsuit and disputing the State's figure <br />are two separate processes. After the AHCA's decision, the Board must decide whether to <br />accept the State's figure and pay 85%, or dispute the amount, pay 100% and file a petition with <br />the Florida Department of Administrative Hearings (DOAH) by September 1, 2012. <br />Assistant County Administrator Michael Zito added that the lawsuit will result in the <br />Statute being overturned or sustained; however, in the meantime, the County is abiding by the <br />Statute. He advised that since the County's sustainable denials of payment are well over 15%, <br />staff is preparing to challenge the State's figures. <br />Attorney Polackwich addressed Commissioner Davis's questions regarding the criteria <br />that are used to determine the residency status of the Medicaid patients, and the issue of <br />Medicaid bills that are transferred from other counties to Indian River County. <br />Commissioner Flescher expressed his support for the County's participation in the <br />lawsuit with the FAC. <br />MOTION WAS MADE by Commissioner Flescher, <br />SECONDED by Commissioner Davis, to approve staff's <br />recommendation. <br />Bob Johnson, Coral Wind Subdivision, asked how the County's cost of $3,500 was <br />derived, and inquired about the possibility of the State's final bill increasing. <br />Attorney Polackwich responded that as a medium-sized county, Indian River was being <br />assessed the $3,500. <br />May 8, 2012 13 <br />BR 42 PG 423 <br />