BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
JULY 2, 2025
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. PUBLIC
HEARING (Pages 3 - 5)
4. ADJOURNMENT (Page 6)
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JULY 2, 2025
PUBLIC HEARINGS – 9:30 A.M.
A. ADMINISTRATION
Page 3 - 5
3A-1 Emergency Ordinance amending Palm Beach
County Local Provider Participation Fund Ordinance, two (2) Indemnification
Agreements, Fourth Amendment with the Health Care District of Palm Beach County
exercising renewal option and Emergency Resolution establishing Non-ad valorem
Special Assessments.
ADJOURNMENT (Page 6)
JULY 2, 2025
3. PUBLIC HEARINGS – 9:30 A.M. (Four-fifths vote is
required for approval)
A. ADMINISTRATION
A) adopt an Emergency Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, (BCC) amending “Section 2.
Applicability” of the “Palm Beach County Local Provider Participation Fund
Ordinance”, (R2021-024) (LPPF Ordinance), by adding three (3) additional
nonpublic hospitals that will be subject to the special assessment; providing
for repeal of laws in conflict; providing for severability; providing for
inclusion in the code of laws and ordinances; providing for captions; and
providing for an effective date, and waive the notice requirements of
section 125.66(2), Florida Statutes by a four-fifths vote of the membership of
the BCC, declaring that an emergency exists and that the immediate enactment of
this Ordinance is necessary;
B) approve two (2) indemnification agreements with: 1)
Boynton Beach Florida Behavioral Health Hospital Company, LLC and 901 45th
Street West Palm Beach Florida Behavioral Health Hospital Company, LLC; and 2)
PAM Rehabilitative Hospital of Jupiter LLC;
C) approve a Fourth Amendment to an Interlocal Agreement
entered into on September 14, 2021, (R2021-1369), between the County and the
Health Care District of Palm Beach County, (the District), exercising the
fourth and final one (1)-year renewal option for the provision of
administrative services to coordinate the special assessment authorized by the
LPPF Ordinance with the Florida Agency for Health Care Administration (AHCA) at
no cost to the County; and
D) adopt an Emergency
Resolution of the BCC establishing Non-ad valorem Special Assessments pursuant
to the LPPF Ordinance, as amended, for FY 2025-26 for the purpose of
benefitting assessed hospital properties through enhanced Medicaid payments,
and waive any and all notice requirements by a four-fifths vote of the
membership of the BCC, declaring that an emergency exists and that the
immediate enactment of this Resolution is necessary.
JULY 2, 2025
3. PUBLIC
HEARINGS – 9:30 A.M. (Four-fifths vote is required for approval)
A. ADMINISTRATION (cont’d.)
1. Summary: On August 26,
2021, the BCC adopted the LPPF Ordinance (R2021-024), which provides for non-ad
valorem special assessments to be imposed by the County on all nonpublic
hospitals within Palm Beach County’s jurisdiction (the Hospitals). The LPPF Ordinance requires the Hospitals to
pay a uniform, non-ad valorem special assessment, set annually by resolution
approved by the BCC. Funds collected by
the County through the LPPF assessments are sent to AHCA by the District,
through intergovernmental transfers, as the non-federal share of increased
Medicaid managed care payments facilitated under Florida’s hospital Directed
Payment Program (DPP). Through the
DPP, AHCA makes payments to Medicaid Managed Care Organizations (MCOs) in order
to fund increased payments by MCOs to the local hospitals to fund services
provided to Medicaid patients. Without these increased payments, it is
estimated that local hospitals would incur over $100 million in uncovered
Medicaid costs annually, or .60 cents on each dollar of coverage rendered to a
Medicaid patient. The LPPF program leverages federal dollars, which helps to
close the gap related to the uncompensated portion of Medicaid
reimbursements. An amendment to the LPPF
Ordinance is necessary because three (3) new nonpublic hospitals have been
licensed in Palm Beach County since adoption of the LPPF Ordinance and the 2024
Resolution establishing the special assessments. The new hospitals are entering
into indemnification agreements with the County to protect the County from any
and all liability as a result of, or in any way connected with, the enactment,
application, or enforcement of the LPPF Ordinance or special assessment
resolution. The District will continue
to administer the LPPF Ordinance for FY 2025-26 pursuant to a Fourth Amendment
to the Interlocal Agreement between the BCC and the District, which is also
being presented to the BCC for approval.
Historically, the annual Resolution establishing the special assessment
rate to be imposed on the Hospitals has been presented to the BCC in
September. This year, the Resolution is
being presented in July due to the President of the United States’ proposed One
Big Beautiful Bill, which would freeze provider assessment rates where they are
at the time of the Beautiful Bill’s adoption.
The Hospitals are asking the BCC to approve a proposed assessment rate
that may need to be adjusted downward in September of 2025, once a more
accurate assessment rate for 2025-26 is able to be calculated.
JULY 2, 2025
3. PUBLIC
HEARINGS – 9:30 A.M. (Four-fifths vote is required for approval)
A. ADMINISTRATION (cont’d.)
1. Summary (cont’d.): Due to the
Hospitals’ request that the BCC expedite adoption of the ordinance adding the
three (3) new hospitals, and the Resolution setting the special assessment
rate, an emergency meeting of the BCC has been called to consider adoption of
the Emergency Ordinance amending the LPPF Ordinance. A four-fifths vote is required for
approval of the Emergency Ordinance pursuant to section 125.66(4), Florida
Statutes (2024), in order to waive the notice requirements of section
125.66(2), and declare that an emergency exists and that the immediate
enactment of this Emergency Ordinance and Emergency Resolution is
necessary. No County funds are
required. Countywide (HH)
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JULY 2, 2025
4. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."