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File #: 1085-2009    Version: 1
Type: Ordinance Status: Passed
File created: 8/4/2009 In control: Judiciary And Court Administration Committee
On agenda: 9/14/2009 Final action: 9/16/2009
Title: To authorize and direct the City Auditor to act as the City of Columbus' authorized representative for the purpose of complying with the mandatory reporting requirements of Section 111 of the Medicare, Medicaid, and State Children's Health Insurance Plan Extension Act of 2007; and to declare an emergency.
Explanation
The purpose of this ordinance is to name the City Auditor as the Authorized Representative in order to comply with the mandatory reporting requirements set forth in Section 111 of the Medicare, Medicaid, and State Children's Health Insurance Plan Extension Act of 2007 (MMSEA).  As part of the registration process with the Center for Medicare and Medicaid Services, the individual who will be serving in that capacity must be identified.  
 
Fiscal Impact:  None at this time.
 
Emergency Designation:  This ordinance is being submitted as an emergency in order to comply with the registration deadline of September 30, 2009.  
 
 
Title
 
To authorize and direct the City Auditor to act as the City of Columbus' authorized representative for the purpose of complying with the mandatory reporting requirements of Section 111 of the Medicare, Medicaid, and State Children's Health Insurance Plan Extension Act of 2007; and to declare an emergency.
 
 
Body
 
WHEREAS, on December 29, 2007 President George W. Bush signed Senate Bill 2499, the Medicare, Medicaid, and SCHIP Extention Act of 2007 (MMSEA); and
 
WHEREAS, Section 111 of MMSEA adds new mandatory reporting requirements for Medicare secondary payers, including liability insurance, self insurance, no fault insurance and workers' compensation; and
 
WHEREAS, under Section 111 of MMSEA, a Medicare secondary payer is required to determine whether a claimant is entitled to benefits under Medicare; and
 
WHEREAS, if a claimant is entitled to Medicare benefits, a Medicare secondary payer must submit certain required information to the Secretary of Health and Human Services, including the claimant's identity and other information specified by the Secretary to enable an appropriate determination concerning coordination of benefits and any applicable recovery claims; and
 
WHEREAS, under Section 111 of MMSEA, the City of Columbus is a Medicare secondary payer because it operates as a self insured entity for purposes of liability; and
 
WHEREAS, as a result of its status as a secondary Medicare payer, the City of Columbus must comply with the mandatory reporting requirements of Section 111 of MMSEA; and
 
WHEREAS, in order to comply with Section 111 of MMSEA, the City of Columbus must register with the Center for Medicare and Medicaid Services; and
 
WHEREAS, to register, the City of Columbus must name an Authorized Representative who has ultimate accountability for the City's compliance with Section 111's reporting requirements; and
 
WHEREAS, it is in the best interests of the City of Columbus to name the City Auditor to serve in this capacity; and
 
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authority the City Auditor to act in this capacity so that the registration deadline of September 30, 2009 is met; now, therefore,
 
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
 
Section 1.  That the City Auditor is hereby named as the City's Authorized Representative for the purposes of complying with the mandatory reporting requirements of Section 111 of MMSEA.  
 
Section 2.  That the City Auditor is vested with the authority to perform all acts required of the Authorized Representative in order to fully comply with the mandatory reporting requirements of Section 111 of MMSEA.  
 
Section 3.  That for the reasons set forth in the preamble hereto, which are made a part herein, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force after passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.