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Travis County Commissioners Court

August 31, 2004
Item 18

View captioned video.

Number 18 is consider and take appropriate action on the Travis County hospital district.
>> sherri fleming, acting executive manager for health and human services. I believe under this item, Commissioners, you have a letter that has been drafted from you to the hospital district board of managers relative to reporting relationships between the board of managers and the hospital district. Staff at h.h.s. Researched several of the existing hospital districts to discuss with them their reporting relationships with their governing body and we've got information on a whole -- I guess a plethora of different options in terms of how they are reporting relationships or structure. Therefore we brought forward a recommendation to you that for this first year that we would offer to the hospital district reporting every 60 days with that first reporting being approximately December 1st, which would give them the opportunity to be at your last meeting of November or the first meeting of December. And then have this reporting relationship revisited during their budget hearing each year so in case any party would like to recommend any changes.
>> when would that actually be scheduled for their budget hears. We know what's going on now, but in the future would they basically be running in concert as far as the time frame, as far as how we did on this here?
>> this year's budget hearing is September 14th, I believe. But I think in the future it will fall into our normal budget hearing cycle. They will be scheduled through p.b.o. Just as our other county departments. I don't see anyone from p.b.o. So I guess that makes me the expert. [laughter]
>> and this is as good a time as any to remind folks that the hospital board of managers themselves will have a public hearing on their budget, which is the prerequisite for coming to us with the recommendation, and that is this Wednesday night starting at 6:00.
>> that's correct, Commissioner.
>> and we will have it on our court agenda o September 14th.
>> yes, sir.
>> I did indicate to them that it may be a good idea to try to give notice of a time certain so we'll take them up either in the morning or afternoon, whichever is more convenient. For them. The other item that's pretty important is that we do receive from the chairman of the district an indication, sort of informal indication at this time they would ask Travis County for $2.5 million contribution to the required reserve. We have been thinking all along that we would transfer 11% of the amount we spend on health services, so we were thinking about -- about a million dollars. And their request is 2.5 million. That's $1.5 million more than we have been thinking about for the last few months. And mr. Highbig indicated he was trying to reach all members of the court by telephone to make that communication. The internal committee did discuss that figure yesterday in our meeting and I asked planning and budget to incorporate that into our budget issues and budget markup. My response to the chairman was that, you know, the Commissioners court would look at why that amount is necessary, what is city of Austin's contribution would be, et cetera. Clearly, though, it seems to me that a substantial reserve is important. Had is one of those areas that to great extent are beyond your control. It is probably as volatile as any other program in Travis County. In.
>> communication we got from the Travis County financial adviser what he said really was that the financial firms really expect you to have so many days of cash available so you can operate the hospital and other health facilities if necessary. And three to four months seemed to be about the average what they expected. And if you take really about a third or fourth of 60 to 70 million dollars, the reserve they are trying to get to, I知 told, 13 to 15 million, is more than appropriate.
>>
>> [one moment, please, for change in captioners]
>>
>> the board made some decisions about things they wanted to adjust, and by the end of the evening here about 127,000 off of being balanced, so my cast between now and tomorrow night when we have the public hearing is to finalize the administrator's budget on which the public hearing will be held, and I can tell you that it will be balance and it will achieve all three of those goals when it's presented to the public tomorrow night. It does not, however, currently have any reserve in it. The budget is balanced and it achieves those three goals, but to do that there's nothing set aside for a reserve. And that obviously is critical to the district to be able to function and to be financially sound, that there be an appropriate reserve.
>> jim, I guess when we stocked that reserve --
>> I知 sorry?
>> in establishing the reserve for the hospital district, here is an example is an example of how we spent in about 11% to make sure we had all our safeguards and we had a pretty good safeguard of establishing a reserve and ensure that that's protected. And I guess you can tell me, at what percentage would they like to establish a reserve at? In other words, there's no reserve, what percentage are they looking at, something we do with Travis County or something that someone else has adopted, or what does that mean for an amount that would be looked at?
>> I don't know that I can speak for the board in terms of what the board would like to establish the reserve at. They have gotten considerable amount of advice. Folks who represent the city and advise them a total percent of five -- and advise them that five percent would be a good part of their budget. Christian from the county has told them they should have a 10 or 11 percent unallocated reserve, plus a five percent unallocated reserve, plus a million dollars in a capital reserve. In analyzing the budget -- and part of the reason why -- and they told them he they smuf between 100 and 125 days in expenditures in reserve, which would be closer to 20 or 25 million rather than the percentage numbers that other folks have talked about.
>> and that's the Travis County financial advisors?
>> yes. The Travis County financial advisor, as far as I know, he's the only one who has actually been in consultation with bond rating firms about their expectations for hospital districts. There were a number of people who thought his advice was terribly high on the ground that this district was not actually operating a hospital because all of the services for hospitals would be contracted out, and that the services for the clinics and the indigent health care program would be contracted out to start with. And they compared us most frequently with nueces county, which a little praits on the same contract model. All are their services are contracted out. So we went to the trouble of checking with nueces county. They have an annual expenditure budget of 32 million and a reserve of 60 million. And they do that --
>> 60?
>> 6-0 million because their reserve is almost twice their annual expenditure budget. And their reason for doing that, they said among other things, was that they did have the services contracted out. And if for any reason those contracts should be broken, that they needed a substantial reserve in order to be able to step in and take those back over. I took all of that into account as well as taking into account the practicalities of the financial situation and the communication -- and the community in which this district exists. And my recommendation to the board and the budget documents I presented them last night was that they ought to have 11% in unallocated reserve. They would under ordinary circumstances ought to have five percent in allocated reserve, but because their only option for funding an allocated reserve was from one-time funds, and allocated reserve is a reserve which you expect to use, and once they use a one-time cash reserve, they have no way to replenish it without increasing revenue or decreasing expenditures in the following year. So I felt it was prudent to do you believe that five percent recommendation that christian had made so that my recommendation was that they had a 10% allocated reserve on the premise that that really gave them two years of allocated reserve and two years of opportunity to try to find ways to replenish that reserve. And then a million dollars in capital reserve. So all of that comes out to something over $16 million in reserve that I recommended to them that they ought to have. And given all of the information that we've gotten from different sources, I think that's -- I think that would be a reasonable amount. Obviously, you know, what you want and what you get are two different things, but my recommendation would be that if they had the optimum reserves, it would be fashioned in that way and be a little over 16 million.
>> has there been any investigation to determine how other urban hospital districts establish reserves? I notice you mentioned nueces county with $60 million in reserve. In other words, in the start-up of their particular district or was it something that just grew as time progressed?
>> nueces county, I know how the nueces county hospital district did it. I don't know how others have done it. I know some of the others and what their reserve amounts are, but I don't know how they accumulated those reserves, but we do know how nueces county aaccumulated their reserves. Eight years ago, in 1996, was the first time that they contracted out their hospital and indigent care services. They had been providing them directly before then. Up to that point, they had built a 30-million-dollar reserve or 32 -- I知 sorry, about a 30-million-dollar reserve from disproportionate share funds that were paid to the district in compensation for serving a disproportionate share of medicaid patients under a federal program. So they have built up a 30-million-dollar reserve. They then contracted out their services, they kept the 30-million-dollar reserve. Four years ago they got into litigation with an hospital organization that they had leased to, and they realized that their lease was in fact an issue that put them in some jeopardy. And after that they aaccumulated some of the lease payments that they got from the hospital, and over the last four years they have built up the reserve to 60 million. Because of their concern about the tenuous nature of their lease arrangement.
>> that's a good answer.
>> so we're looking at generating another $1.5 million. And my recommendation is we go ahead and generate that or put together a strategy before that total goes to $140 million. [ laughter ] we'll follow the nueces example. The maxwell language, language, language ritter accounting firm has done it's work with Travis County on the tax rate verification which is required by law, and they would like to give us a preliminary report this Friday at 2:00 o'clock, and the entire committee is invited. This developed yesterday. Friday is best for the firm. And 2:00 o'clock is the best time. So for the Travis County committee members, probably the fifth floor conference room, we'll have that presentation from the firm. The other thing is that mr. Collins' salary for a part of August or all of August and September?
>> from August 17th, not all of August.
>> August 17th through September 30th, we discussed in committee, and in our view, rather than have the district pay that -- remember, our goal is really to have the district's financial life to start October 1. And our fear is that if we're not comfortable, we would spend a whole lot more money trying to do what's required by law on record keeping, financial accounting, etcetera, for '04 than it's actually worth. So we did ask david escobedo if from his caps co-account he could pick up that amount, and my indication is that he would have that amount of money in that account and would work with us on it. What that means is that whatever he would have transferred to the general fund he will not transfer. And so so far we have been trying to enable the district to start its financial life October 1, which kind of simplifies the legal record keeping for Travis County as well as the district.
>> on baft of the district I want to say that we have received super hero support from various members of the county staff. Without that support this district would be nowhere near the condition it's in now, and we really appreciate it. They've done a wonderful job.
>> so at this point in the future, whatever we need to do, if anything, toward solid fieg that agreement, I don't know that it needs to be memorialized as long as jim's checks don't bounce, I think everything is probably all right. But if we do need to do something as a Travis County entity, let us know.
>> we can do it one of two ways. One would be whenever the county attorney's -- [ inaudible ]. That money could be designated through -- I talked to the Commissioner and I think he's aware it can be designated through that salary. That is just as comfortable to david, I think, as paying directly out of that caps co-budget.
>> now, there have been several actions that we need to know about, and I don't know that we need to do anything else on. The board did pass a sort of yes, we accept your first offer to assist us with purchasing.
>> yes. Actually, the board made a formal request to the Commissioners court by resolution. And you instruct the purchasing agent to provide purchasing services to the district. That's that is something that you have the right to do under the statute. You have the right to require the purchasing agent to require those services. And any additional costs to the purchasing agent would be paid for by the district. I don't want to speak for sid and she's here, and we've had substantial discussions on what it would involve to have purchasing for the district and the way the district is structured in '05. And I believe it is her opinion that that can be done at no additional cost to the county, so that essentially you will be asking syd and her department to provide purchasing services to the district at no cost to the district.
>> [inaudible - no mic]
>> if there's anything the court needs to do on that, we normally don't require the purchasing agent to do that. We request it. It's been a good working relationship to date.
>> and the statute is worded in terms of the Commissioners court and to require county officials and employees to perform services.
>> we never use the full brunt of our authority?
>> and that stems from the is the full wisdom of the Commissioners court.
>> and one thing we discussed is we probably need to pull together and list for the full members of the court of all those kind of other kind of relationships that need to be rememorialized or memorial eyes understand a different way. And some of them are going to be interlocals between Travis County and the hospital district. But I think we're talking about especially for this next year, the idea of memorandum of understanding because I think there is a desire to get every advantage that we can give to you that doesn't cost you money. The first year and maybe the second, but that may not be the way it is for the future because you then will get strong and be able to operate in a whole better way than we are today. So the thought was perhaps we needed a memorandum of understanding that says things like this next year we can absorb that and not have to charge for it, but to say out loud that may not be the situation for the sfiewt foout so there aren't any ms. Understandings in the future.
>> and the dynamics of operation of the district will change. I think probably rather dramatically in subsequent years. In fy '04, the current consideration is the district will have a total of four employees and a single office. So the sorts of services that would directly support those folks are minimal. It's not expected to remain that way for the indefinite future. In fact, the contract with the city is being structured in such a way so that the district can take over that contract and bring those services within the district sort of piece by piece. When they can't eat the whole apple at once, they can bring a bite in and then a bite in. So I would anticipate that the district staff and operations and direct operations, we're going to grow gradually over the next three or four years while the services are contracted out and diminished. But of course services like purchasing and accounting and that sort of thing become more complex and the district is probably going to want and have those staff do that sort of thing.
>> [inaudible - no mic] I would imagine that both the city and Travis County are wanting to do that, contribute here at the beginning so that we're off to a good start.
>> and I know we've had a good deal of discussion about reserves and I知 heart ened by the board of managers focusing on a number that I think protects them and is something that will help them. We always like to use the phrase shack absorbers, because i'll tell you the things we've seen come up in budget over the last six weeks in terms of where we need to find more money and put it into real programs and real people, it's all been on the indigent health care front. So we already know that that is something that is still there, something that medicine costs a lot. And until something takes that pressure off, it's going to continue. And so I applaud their decision to seek a reserve rate that I think really reflects more of reality. And we'll see if the strategies in terms of the two and a half million dollars, because that's what they've asked us to put into the deal, and I think it is incumbent that somebody else is being asked to fill in that equation and they need to do what they can to get to that number as well.
>> next we'll look at the lines of communication memo that we did not formally pass, but that has been shared with the board of managers already, as patrick says, and they're in support of this. They want us basically to approve that form. So I move approval of it and I would have two originals to execute this afternoon. I somehow lost mine between our meeting yesterday and now. But we have seen that.
>> yes, sir.
>> all in favor? That passes by unanimous vote. And we simply recommend several ways for us to take this to the board of managers today.
>> I wanted to assure the Commissioners court that your mexican-american mexican-american row is entirely support and -- memo is entirely appropriate and we will communicate with you as frequently as any of you would like to. There are times that you may think we're communicating with you way too much. So should you -- don't feel that the board or the administrator is suggesting that that's the most that ought to be done, but we certainly have no problem with the communication schedule set out in that memo.
>> okay. Commissioner?
>> jeff, since you're the acting administrator, I guess I知 going to go back to the thing that I知 still not happy with at all, and it's amazing that we have just gotten $33 million from the city. I know that there has been a legal opinion from, I guess, b and e, that what the city did with 30 to $33 million was legal.
>> [overlapping speakers].
>> if it's fulbright, that's fine. I mean, what in the world are we doing? I mean, our financial advisor that we depend heavily on is telling us that we need $25 million. We have heard everything from under 10 million to 12 to 15 to 16 million. The person that I知 -- that I probably would rely the most on would be our advisor, especially since he has spoken with people in the industry about what kind of reserves that we're supposed to have. We're already having to put in apparently two and a half times what we thought -- or another time and a half, one and a half times as much as what we thought we were going to do, which is going to affect us somehow because we're going to be talking about 51 today, which are raises -- 21 today, which are raises and dollars that we need in this community and the county anyway. I知 just not -- I知 still not happy with that. It just seems like it's okay. We discussed that. We've got some legal opinions and we're $30 million in. I mean, what in the world are we doing? Have we just swept it under the rug? Maybe I need to have the board come and make a presentation as to exactly how y'all feel about it. Because we are moving so fast into this thing now, and for good reason because we need to get this thing up, but I suppose somebody just needs to tell me, do you know what, Gerald, get over it. You're not going to get $30 million from the city. The city said they're not going to do it, and again, one of the comments that I made in the room yesterday with our e.m.s. Agreement was that if I知 going to enter into agreements, interlocal agreements with the city of Austin, the first thing that I need to do is feel comfortable that I知 dealing with somebody that's leveling with me. And I have seen toby futrell the last couple of weeks, and something was mentioned, and my response was, I said why don't you just ask us to come over and sit down and to show us. I知 decent with arithmetic. If you show me where it went, then -- but I知 not going to get over that. And especially given that I know that we really need more money in the reserves. I mean, we don't even have a comparison that's the most like us, nueces county, and they've got 60 million. And we all know that the numbers are going only one way. The line is longer. Indigent needs are out the roof. And as far as I知 concerned -- and -- it's only going to get that way. I know we're trying to get this thing going. And all of us -- and me included -- want to get it going because we've got to now since it's in. But what exactly is the deal with that? That subject matter never gets brought up again. Is it really an over with deal and you're not going to get it from the city?
>> I am not sure that I can speak for the city and what the city's going to do and what they're not going to do. I believe that -- if I understand the city's position correctly, it is that they are not going to transfer 33 million to the district unless they're forced to through litigation. The board of managers has not made a decision that they will not sue the city. There's been no decision that okay, well then we won't sue the city and we want to get the 33 million. On the other hand, the board and certain members of the board have been actively engaged in intensive rounds of negotiation with the city about how much they would be willing to transfer to the district without litigation, as you do any time there's a threat of litigation, you try to see if you can settle the issue without having to resort to the courts to do it. And as there are in most litigations, there are reasons to settle the dispute outside of court for less than the total amount that you could possibly get if you went to court. So even in the very best of lawsuits, it's ordinarily -- you ordinarily come out ahead financially if you avoid the litigation and settle for some amount, even if it's not 100% what you might have gotten. The board of managers I believe right now is in an effort to make a decision, and the recommendation that I made, it's my recommendation, not the board's decision. The recommendation I made about reserves is my recommendation, not the board's decision. The board is, I believe, engaged in a very serious and fairly sophisticated effort to try to find an amount of reserves that they believe would be responsible for them to begin operating the district pretty much regardless of whether the city has 33 to transfer or 60 million or one million. But to try to reach independently a number where they think it would be responsible to begin operation of the district with that amount of reserve. And that's a difficult decision for them, as it would be for anybody, because you have other interests. It's not only important for the district to have an important reserve, but it's important for other entities to have reserves as well. And that will have to come from tax reserves, whose ever treasury they reside in. And so the board knows that there are competing needs for the same money. And in their effort to determine what would be a responsible amount of reserve for this district to begin with, they are trying to balance those competing interests, always knowing that the ultimate bottom line is that we just throw down the gaunt let and go to combat and try to get 33 million from the city and whatever we can get from the county, by the way. It is my understanding from discussions with the board that when they do settle on a number that they believe is responsible that they are not prepared to compromise below that number. That there's at least a substantial portion of the board members who are willing to say we will throw down the gaunt let. We will insist that we have at least the amount of reserves that we think, taken all the factors in consideration, is responsible. And whether or not they will make it my number that I recommended as a responsible number or some number less than that might be responsible or some more -- some number more than that might be responsible, I do not know that right now. And frankly, no one can officially know that until September eighth when they vote to adopt their budget. I am comfortable taking into account everything that I know that the amount i've recommended is a responsible number. But my judgment is limited by my capabilities, and you have nine ordinarily competent folks with very different areas of expertise all participating in a very sophisticated way in making this decision. You will receive a presentation of their budget on September 14th for you to vote to approve or not approve their budget, and it's my intention to post a meeting of the board on the same day that you consider approval of their budget so that every member of the board can, if they choose, come here and participate in the discussions of their budget if they want to. I know we don't -- I don't know if we'll have any that want to do that, but they can all come to your meeting if they want to. And I anticipate at that time they're going to be able to explain to you what has been their motivation for whatever decision they make regarding the amount of reserves. But Commissioner, nobody has forgotten that 33 million. I wake up every morning and the first thing I think of is that 33 million, and when I go to sleep I think about that 33 million. And all I can tell you is that the existence of that 33 million and its history is one of the factors that I considered in trying to reach a decision that I think is not only responsible for the hospital district, but responsible to the community at large. And it may be the right decision or the wrong one, and that's anybody's judgment.
>> kimberly, that's your quote of the day for tomorrow. Joe, if it makes you feel any better, I have not forgotten that $33 million as well, and as far as I知 concerned, that is not the ceiling, that is the base of what is in question. Because that simply is what was transferred out of that reserve fund into the general fund over at the city of Austin. What we have not discussed are the millions of dollars beyond that in terms of revenues that were at one point being deposited in the hospital fund that suddenly stopped and were starting to be deposited in the city of Austin's general fund. Where I am heart ened is that you do have, if I read the press reports correctly, an amount in your administrative budget, jim, related to getting that baseline audit that we've all been talking about in terms of were the proper resources from the very beginning from both the city and the county accounted? Did you get everything you were supposed to get the baseline? And I think that is where that question can be answered about the 33 or some greater number than that. And I知 going to take this to the end scenario. Let's say that 33 million does not get transferred in any form or fashion. I personally think that there will be a lot of repercussions if the city chooses to keep that, to repay themselves for carrying the burden of indigent health care for all those years. And I can guarantee you that if they come to us on certain kinds of projects and say we'd like your participation, we need your money, my answer is going to be perhaps you need to look into your own general fund, because it's already there. And that would be a sad state of affairs because I think there are many, many good things that we can and should work together on in this community, but this is something that is -- it's troubling, it's troublesome, and it's far from over.
>> I was about to move on.
>> let me make one request from jim before we move on. Jim, is there any way possible, since the reserves appear to be a hot button topic this morning as far as the hospital district is concerned, is there any way possible that I and that our Commissioners court can receive the reserves that the other urban hospital district is operating on? What do they actually have in reserve to acquire that information? You've already given one that you need $60 million, but there are other areas, harris county, dallas, all these other urban counties that operate within a hospital district. I'd like to have that information if possible as soon as you possibly can.
>> we'll try to get that information for you. I will confess to you that between now and tomorrow night at the public hearing I知 a little busy, so it may not be tomorrow.
>> I understand.
>> but we have that information for harris county and for tarrant county. We don't have it for any of the other counties. Harris county and tarrant county both have over 100 days of revenue.
>> that would be good to know because even though whoever landed on how the persons voted in the community as far as the hospital district is concerned is passed, I guess my whole point is how do we take care of and deal with the indigent health care needs in this community and how we can set this up where it will not fail. But again, you're still talking about money and being that those reserves I think are very important and I may want to get a snapshot of what everybody else is doing. Doing in the state of Texas as far as hospital districts are concerned as far as their reserves.
>> we'll have that for you as soon as we can put it together.
>> thank you very much.
>> we will have this item back on the agenda next week.

The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.


Last Modified: Thursday, October 27, 2005 11:04 AM