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HomeMy WebLinkAboutContract 57224-A3CSC No. 57224-A3 AMENDMENT TO ADMINISTRATIVE SERVICES AGREEMENT This Amendment to the Administrative Services Agreement (this "Amendment") dated as of April 01, 2023 (the "Amendment Effective Date") amends the Administrative Services Agreement (the "Agreement") entered into as of January 01, 2021, as amended, by and between Meritain Health, Inc. ("Meritain") and City of Fort Worth ("Client") as follows: 1. SECTION 7. CLIENT'S RESPONSIBILITIES. A. Section 7.b. of the Agreement is hereby deleted in its entirety and replaced with the following new subsection 7.b. as follows: b. resolve all ambiguities and disputes relating to eligibility of Participants; and adjudicate all appeals of denials of Claims or cause the Appeals Vendor (hereinafter defined) to adjudicate second level appeals of denials of Claims; B. Section 7. of the Agreement is hereby amended to add the following new subsection A. as follows: A. APPEALS VENDOR. Client acknowledges and agrees that Client has entered into an agreement with a third -party appeals vendor or appeals service provider (the "Appeals Vendor") and that the Appeals Vendor will adjudicate and render determinations on appeals of denials of Claims (the "Appeals Vendor Services"). 2. SECTION 12. DEFENSE OF CLAIM LITIGATION. A. Section 12 of the Agreement is hereby amended to add the following new provision as follows: If the Appeals Vendor is the appropriate named fiduciary and does not undertake the defense of such an action on Meritain's behalf, Client shall undertake such defense in accordance with this Section. 3. FEE SCHEDULE. A. The Administrative Rates set forth under Section 1 of the Fee Schedule is hereby amended to add the following new Administrative Fees commencing as of April 01, 2023 through December 31, 2025: Administrative Services • Aetna Choice® POS II Network Access • Appeals Vendor (PACE) Coordination Fee • Data File Feed • Hello Heart • Medical Plan Administration • PBM Administration Fee • Reinsurance Administration • Run -Out Fee • State Reporting and Remittance • Summary of Benefits and Coverage ("SBC") Production • Telemedicine0i�- Per Employee Per Month April 01, 2023 — December 31, 2025 $19.86 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 0423 — City of Fort Worth — Amendment 3 to City of Fort Worth CSC No. 57224 1 v091523 B. The Fee Schedule is hereby amended by the addition of the following new Section 4 as follows: 4. REMITTANCE SERVICES. Upon written request and if agreed to by Meritain, Meritain may collect certain fees and premiums from Client for remittance to a third party with whom Client has a direct relationship, e.g. a broker commission. In these instances, Meritain will pass -through all fees and will not collect or retain an administrative or service fee. Meritain has no relationship with any such third parties, and assumes no risk or liability with respect to such third parties' services or Client's payment of such fees. Those amounts known to Meritain as of the Effective Date are set forth below, and are subject to change predicated upon Client's agreement with such third - parties. Appeals Vendor (Phis/PACE) Fee(s) 4. ADMINISTRATIVE SERVICES SCHEDULE. April 01, 2023 — Frequency of Occurrence December 31, 2025 $0.75 Per Employee Per Month Section 1.b. of the Administrative Services Schedule of the Agreement is hereby deleted in its entirety and replaced with the following new Section 1.b. as follows: b. CLAIM FIDUCIARY. Client and Meritain agree that with respect to Section 503 of ERISA, Client will be the "appropriate named fiduciary" of the Plan for the purpose of reviewing denied Claims under the Plan. Meritain shall refer to Client for its exclusive and final resolution: (a) any questions concerning the meaning of any part of the Plan Documents and Summary Plan Description; (b) the validity of any questionable or disputed Claims. Meritain shall also refer to Client's Appeals Vendor appeals of denials of a Claim. 5. MISCELLANEOUS Any capitalized term not defined in this Amendment shall have the meaning ascribed to it in the Agreement. Except as specifically amended by the terms of this Amendment, all surviving terms, provisions, and fees of the Agreement are hereby ratified and confirmed and the Agreement, as modified by this Amendment, remains in full force and effect. In Witness Whereof, the parties have executed this Amendment on the dates set forth below. MERITAIN HEALTH, INC. e- Name: Jeremy M. Hensel Title: Regional President Date: December 28, 2023 CITY OF FORT WORTH Name: Jesica McEachern Title: Assistant City Manager Date: Jan 12, 2024 0423 — City of Fort Worth — Amendment 3 to City of Fort Worth CSC No. 57224 2 v091523 City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including By: ensuring all performance and reporting Name: Jesica McEachern requirements. Title: Assistant City Manager Date: Jan 12, 2024 By: Approval Recommended: Name: Joanne Hinton Title: Benefits Manager Approved as to Form and Legality: lial�v Fi Mover By:1ov Name: Holly H Moyer Title: Assistant Human Resources Director By: w Attest: Name: Jessika J. Williams d� FpR°�°Aa Title: Assistant City Attorney o,�oo� o �09=' Contract Authorization: 20-0444 By: oaIIIl tEaAsaa M&C. Name: Jannette S. Goodall Title: City Secretary VENDOR: By: Name Title: Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 0423 — City of Fort Worth — Amendment 3 to City of Fort Worth CSC No. 57224 3 v091523 1 /3/24, 11:34 AM M&C Review CITY COUNCIL AGENDA Create New From This M&C Official site of the City of Fort Worth, Texas FORTWORTIl REFERENCE **M&C 20- 13P 20-0109 MEDICAL DATE: 6/23/2020 NO.: 0444 LOG NAME: TPA/ASO, EAP AND PC -DM SERVICES HR JPB CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Agreements with Meritain Health, Inc., for the Medical Third Party Administrator/Administrative Services Only Services in the Amount Up to $1,475,000.00 Annually, Aetna Behavioral Health, LLC for the Employee Assistance Program in the Amount Up to $157,000.00 Annually and Accolade, Inc., for the Plan Concierge -Disease Management Services in the Amount Up to $1,550,000.00 Annually with an Additional Implementation Fee Up to $98,600.00 in the First Year, for a Three-year Initial Term with Option to Renew Up to an Additional Two Year Term at the City's Sole Discretion (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of agreements with Meritain Health, Inc., for the Medical Third Party Administrator/Administrative Services Only Services in the amount up to $1,475,000.00 annually, Aetna Behavioral Health, LLC, for the Employee Assistance Program in the amount up to $157,000.00 annually and Accolade, Inc., for the Plan Concierge -Disease Management Services in the amount up to $1,550,000.00 annually, with an additional implementation fee up to $98,600.00 in the first year, for a three-year initial term with option to renew up to an additional two year term at the City's sole discretion. DISCUSSION: The Human Resources Department (HRD) approached the Purchasing Division to secure agreements for the Medical Third Party Administrator (TPA)/Administrative Services Only (ASO) Services, the Employee Assistance Program (EAP) and the Plan Concierge -Disease Management (PC -DM) Services. The City's Medical and Disease Management Programs are self -funded and utilize a third party administrator to process claims. The United Healthcare Services, Inc. has been providing these services since January 1, 2016 under its previous Agreement (City Secretary Contract (CSC) No. 47393; Mayor and Council communication (M&C) C-27347 & C-28386) with the City. This agreement expires on December 31, 2020. The EAP services are a minimum of six face-to-face visits to assist employees in addressing personal issues, make referrals to qualified professionals for specialized issues such as mental health and stress, parenting, midlife and retirement, disability, financial issues, addictive behaviors, education, caring for older adults, health and wellness, and legal issues. Welcome packets for all new employees and unlimited 24/7/365 telephonic support services are included. Aetna Behavioral Health, LLC has been providing administration of the City's Employee Assistance Program under its previous Agreement (CSC 47547; M&C C-27334) with the City. This agreement expires on December 31, 2020. Staff determined it would be in the City's best interest to ensure it was getting the best overall product and price by going out to the market and giving all providers the opportunity to compete for the City's business and issuing a Request for Proposals (RFP) that consisted of detailed scope of services. The RFP was designed to solicit proposals for the following services individually or in combination with each other: (1) Medical TPA/ASO Services; (2) EAP; and (3) PC -DM Services. The RFP was advertised in the Fort Worth Star -Telegram every Wednesday starting on March 18, 2020 through April 22, 2020. Sixteen vendors were solicited from the purchasing database; eleven responses were received. apps.cfwnet.org/counciI_packet/mc_review.asp?ID=28013&counciIdate=6/23/2020 1/3 1 /3/24, 11:34 AM M&C Review The proposals were evaluated separately for Medical TPA/ASO Services, EAP and PC -DM Services. The evaluation team was provided with resources and assistance by the City's benefits consultant, Holmes Murphy. (1) Medical TPA/ASO Services: An Evaluation team consisting of staff from the different departments and a retiree evaluated proposals received for Medical TPA/ASO Services. The evaluation team ranked the proposals based on pre -defined factors. Finalists were selected for presentations. Following the presentations, the evaluation team determined Meritain Health, Inc. provides the best overall solution for the TPA/ASO Services and recommended that the City Council authorize the execution of agreement for an initial three year period term with option to renew up to an additional two year term at the City's sole discretion. The associated cost and fees for Medical TPA/ASO Services is $926.20 per month per employee and non -medicare eligible retirees. The benefit plan operates on a plan calendar year basis and the expected overall total administrative costs are $1,475,000.00 for Calendar Year 2021. Prices will remain flat for the base three years of the Agreement. The estimated medical claims for Calendar Year 2020 are $64,000,000.00 and anticipated to trend at about a 1 percent increase in years two to five. Trend projections may vary depending on Calendar Year 2020 claims experience. It is anticipated that Staff will make a recommendation to the City Manager on premium contribution rates and plan design. Open enrollment for the 2021 medical plan is scheduled to begin on October 2020. (2) EAP: An Evaluation team consisting of staff from the Human Resources Department evaluated proposals received for EAP. The evaluation team ranked the proposals based on pre -defined factors and determined Aetna Behavioral Health, LLC provides the best overall solution for EAP and recommended that the City Council authorize the execution of agreement for an initial three year period term with option to renew up to an additional two year term at the City's sole discretion. The associated cost and fee is $1.59 per month per employee (PEPM) for the 1 st year, $1.69 PEPM for the 2nd year, $1.79 PEPM for the 3rd year, and $1.89 PEPM for the 4th & 5th years. The annual cost (Calendar Year) is $132,000.00 for year 1, $140,000.00 for year 2, $149,000 for year 3, and $157,000.00 for year 4 and year 5. (3) PC -DM Services: An Evaluation team consisting of staff from the different departments and a retiree evaluated proposals received for PC -DM Services. The evaluation team ranked the proposals based on pre- defined factors. Finalists were selected for presentations. Following the presentations, the evaluation team determined Accolade, Inc. provides the best overall solution for the PC -DM Services and recommended that the City Council authorize the execution of agreement for an initial three year period term with option to renew up to an additional two year term at the City's sole discretion. The associated cost and fee is up to $1,550,000.00 per year for PM -DC Services with an additional implementation fee up to $98,600.00 in the first year. An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible. Upon City Council approval, the three-year term of this contracts shall begin on January 1, 2021 and expire on December 31, 2023. The contract may be renewed for up to one successive two-year term at the City's option. This action does not require specific City Council approval, provided that the City has appropriated sufficient funds to satisfy the City's obligations during the renewal term. The contract will include a standard fiscal funding out clause that would comply with state law requirements by allowing the City to terminate the Agreement without penalty, if in the future, the Council elects not to appropriate funds for contracted services. FISCAL INFORMATION/CERTIFICATION: apps.cfwnet.org/counci I_packet/mc_review.asp? I D=28013&counci (date=6/23/2020 2/3 1/3/24, 11:34AM M&C Review The Director of Finance certifies that upon approval of this recommendation, funds are available within existing appropriations in the current operating budget of the Group Health Insurance and Retiree Healthcare Trust Funds and anticipates, upon adoption of the Fiscal Year 2021 Budget by the City Council, to include the recommended payments mandated by state statutes, the funds will be available in the Fiscal Year 2021 budget, as appropriated. Prior to any expenditure being incurred, the Human Resources Department has the responsibility to validate the availability of funds. BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year I (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manaqer's Office by: Jay Chapa (5804) Originating Department Head: Additional Information Contact: Reginald Zeno (8517) Cynthia Garcia (8525) John Padinjaravila Baby (2279) ATTACHMENTS 1295-Meritain-Aetna-Accolade.pdf (CFW Internal) 20-0109 RFP Waiver RFP Medical ASO or TPA Services. pdf (CFW Internal) EAP Concierae fundina availability at cateaorv.PNG (CFW Internal) SAMs 6-1-2020 Meritain-Aetna-Accolade.pdf (CFW Internal) TPA ASO EAP Concierae FID.XLSX (CFW Internal) apps.cfwnet.org/counci I_packet/mc_review.asp? I D=28013&counci ddate=6/23/2020 3/3