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On July 6th, a notice to appeal the courts decision on reinstatement of benefits was
filed. This filing officially initiates an appeal by the plaintiffs. The jurisdiction of the
case has now moved from the district trial court to the Eastland Court of
Appeals. Procedurally, the next step will be to get a briefing schedule from the court
of appeals. The record from the trial court will have to be assembled and
transmitted to the court of appeals. Once the record has been prepared and
transferred, the parties will prepare their respective briefs. The court will send out
a briefing schedule.
Suit claims:
1. No guarantee of benefits beyond 2017
2. No provisions for dependents
3. Cannot obtain equivalent coverage at current funding
4. Market Risks
5. Cannot retain doctors
6. Absence of COBRA
Prayer: (+ 3 injunctions)
1. Actual Damages
2. Pre-Post Judgment interest
3. Court Costs
4. Attorney Fees
5. All other relief, to which the plaintiffs may be entitled
Ive studied the HRA situation carefully and have considered multiple issues that
impact decisions today and for many years to come. Im providing a brief
explanation of these overlapping factors in order for all to realize the complexities
with which we are contending. The truth is, there is no simple solution or quick fix
resulting in fairness or equity to taxpayers, current retirees and future retirees and
secure financial stability for Ector County Hospital District.
The pending litigation, if an appeal is won, could cost the hospital and tax payers of
the Ector County Hospital District a substantial award. In researching the benefit
plan, I have evaluated past meetings where then CEO, J. Michael Stephans, made the
following statements.
I feel the Health Retirement Account (HRA) adheres to that promise and qualifies as
some source. The HRA is an alternate for healthcare funding in the amount of
$2,101,600.00 annually.
As of exactly of the calendar year (6/30/2017) 25.5% of the funded HRAs have
been utilized. Deductibles are front-end heavy, meaning that more of the money
generally is utilized at the beginning of the calendar year by paying deductibles.
Once deductibles are met, co-pays and percentage pays for benefits activate. Listed
below is the current percent of utilized funds to date.
A total of $1,5166,153.16 remains in the fund or 74.5% for the second half of the
2017 calendar year. The HRA is funded on a calendar year basis not a fiscal year
calendar. $535,446.84 of the annual funding has been utilized year to date.
The motion to add the rollover option will allow for unused funds not to expire.
This will give time to counsel and properly educate and inform the beneficiaries on
how to utilize the funds efficiently.
As of April of 2017 the current bond rating is BBB (negative) from A- (positive). In
April 2014 MCH was upgraded from stable to positive because of a robust economy
and light maximum annual debt (9.4% of operating margin). We have seen a decline
in oil and gas prices over the year, which has negatively affected Earnings Before
Income Taxes Depreciation and Amortization (EBITDA) and our bond rating. The
stagnant oil and gas market also affects the finances of the healthcare system. WTI
crude currently sits at $49.07 a barrel compared to nearly $100.00 a barrel 3 years
ago. This leads to decreased tax revenue and strain on the system. We must
prepare for the financial future of the institution and reinstating benefits at the level
they were once offered is not financially feasible at this time. These issues are not
resolved in one or two months and require strategy which considers various
possible financial scenarios.
GASB
The Governmental Accounting Standards Board (GASB) allowed for the long-term
liability of the retiree benefits to not be included in our balance sheets only as a
footnote. New regulations require this liability to be included in our operational
expenses beginning October 2017. This was the reason for the modification in the
healthcare plan. Currently, the actual operational cost currently is 2.1 million;
annually, the long-term liability must be noted closer to 80 million in operational
cost when included in the current financial statements. The HRA alleviates the line
item burden substantially while continuing to afford coverage. It is the intention of
the ECHD to fund the plan indefinitely and every effort to do so will be made.
Consequently, modifications must also be made to operate the regions healthcare
system efficiently.
MCH will lose $9.6 million in local provider participation funds due to state
requirements beginning October 2017. Inter Governmental Transfers (IGTs) are not
going to be recognized as an afforded service. MCH has benefited from this ability
with area private hospitals but now will lose that funding. This too will have an
impact on the 2018 budget.
Cerner
The plaintiffs need the opportunity to exhaust their appeals options. The hospital
system needs to financially prepare for outcomes of such litigation and changes to
the market in 2018. It would be unfair to the retiree group and to the citizens of
Ector County to make changes to the current structure at this time. Allowing a
rollover option to the plan, funds will not expire and more education and
information can be offered to properly utilize the fund. I feel this is a fair and
responsible decision for everyone concerned for the 2018 budget and calendar year.
The decision to maintain current funding and add the rollover amendment allows
for due process for the parties involved and time to utilize the full benefit currently
financed.