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D.3
To: Board of Supervisors
From: David Twa, County Administrator
Date: November  7, 2017
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Dissolution of the Los Medanos Community Healthcare District

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   11/07/2017
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Timothy Ewell, (925) 335-1036
cc: Lou Ann Texeira, Contra Costa LAFCO     Hon. Robert R. Campbell, Auditor-Controller    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     November  7, 2017
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

1. ADOPT Resolution No. 2017/384, a resolution of application to the Contra Costa Local Agency Formation Commission (LAFCO) requesting that LAFCO initiate proceedings for the dissolution of the Los Medanos Community Healthcare District (the District) and to transfer all of the assets, rights, and responsibilities of the District to the County as the successor to the District.

2. APPROVE and AUTHORIZE the County Administrator, or designee, to submit to LAFCO an application for the dissolution of the District and a plan for providing services within the territory of the District, and to provide any additional data and information as may be required by LAFCO pertaining to the dissolution of the District.


3. AUTHORIZE the County Administrator, or designee, to execute an indemnification agreement between the County and LAFCO in substantial conformity with the agreement attached hereto as Attachment A.





RECOMMENDATION(S): (CONT'D)

4. FIND that the dissolution of the District is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, based on the determination that there is no possibility that the dissolution of the District may have a significant effect on the environment; DIRECT the Director of Conservation and Development, or designee to file a Notice of Exemption (Attachment B) with the County Clerk.  
  
5. DIRECT the County Administrator, or designee, to arrange for the payment of (i) the $5,690 application fee to LAFCO, (ii) a $50 handling fee to the County Clerk for the filing of the Notice of Exemption, and (iii) a $25 handling fee to the Department of Conservation and Development for processing costs related to the Notice of Exemption.

FISCAL IMPACT:

The immediate fiscal impact related to today's action is a $5,690 filing fee due to LAFCO and $75 in filing and handling fees related to the Notice of Exemption. 100% General Fund.

BACKGROUND:

  
District’s Role in the Community  
  
The Los Medanos Community Healthcare District (the “District”) was established in 1945. Until it declared bankruptcy in 1994, the District operated the Los Medanos Community Hospital. The County played a key role in the bankruptcy proceedings by providing legal and technical support to the District. This allowed the District to restructure its debt, negotiate a long-term note with the California Office of Health Planning and Development (OSHPD) and exit bankruptcy.  
  
To enable the community to continue to receive heathcare services, and to generate cash flow to repay the long-term debt owed to OSHPD, the District leased its primary asset, the medical facility located at 2311 Loveridge Road, Pittsburg, to the County. The District then entered into an agreement with the State of California under which all of the rent paid by the County under the lease would be paid to OSHPD. As a result of those agreements, the County has leased the facility, now known as the Pittsburg Health Clinic, since 1998 and has paid $100,000 per year in rent directly to OSHPD. In addition to paying rent for the facility, the County has made substantial capital improvements to the facility. Since 1998, the County has paid approximately $24 million for capital improvements to the building (Attachment C).  
  
Since its bankruptcy, the District has not been a direct provider of heathcare services. Instead, the District operates a community healthcare grant program. Based on the District’s most recent financial statements, in fiscal year 2015/2016 the amount spent by the District for community healthcare grant programs was $268,569[1], or approximately 25% of the District’s total revenues of $1,060,330[2]. The District’s largest expenditure category is general administration at $345,383[3], or 33% of total revenues. Recently, the Little Hoover Commission took note of the District’s finances in an August 2017 report on special districts statewide, stating in relevant part:  
  
“…three grand juries over a decade criticized Pittsburg-based Los Medanos Community Healthcare District in Contra Costa County, which reportedly spent half of its 2010-2011 revenue on community and health program and half on ‘administrative and operating expenses, including stipends for the board of directors, travel and election fees and a board retreat’.”[4]

  
County’s Role in the Community  
  
The County is the largest provider of indigent healthcare services in the County and is mandated to provide those services pursuant to state law. The Pittsburg Health Clinic has expanded to become the largest clinic in the County health system with an average of 8,613 medical outpatient visits per month, which equates to well over 100,000 visits per year in fiscal year 2016/17. Services range from primary adult and pediatric care to specialty services, which include audiology, orthopedics, podiatry and dental care services. On a regional basis, patient visits at the Pittsburg Health Clinic account for 65% of all County-operated clinic visits in the East Contra Costa County.[5]  
  
The role of counties as the mandated providers of indigent healthcare has evolved since the 1945 adoption of the Local Hospital District Law (now the Local Health Care District Law[6]), which originally provided for the establishment of community hospitals in California. In Contra Costa County, there have primarily been three healthcare districts providing some level of health services. Each was established in 1948 following the passage of the local hospital district law. Those healthcare districts are:
  1. Los Medanos Community Healthcare District
  2. West Contra Costa Healthcare District
  3. Mount Diablo Healthcare District[7]
Of these three Districts, two have filed for bankruptcy (Los Medanos and West Contra Costa) and one has been reorganized and made a subsidiary district to a city (Mount Diablo). In all cases, none currently provides direct healthcare services or operates a community hospital.  
  
Part of the reason healthcare districts have struggled is because hospital and healthcare finance, generally, has evolved into a very complex system. The majority of County residents accessing health care use government-subsidized health plans. For illustrative purposes, a 2015 study commissioned by the County noted that the “payer mix” for healthcare costs in Contra Costa County in 2014 was approximately 70% Government Payer (Medicare and MediCal) and 30% Private Payer (commercial health coverage and private payer)[8].  
  
Typically, government payer health plans (i.e. Medicare and MediCal) do not cover the full cost of providing services. Geographically, this imbalance is more pronounced in specific regions. As a result, the County health system is best poised to provide indigent healthcare services and is in the best position to be able to achieve economies of scale in its approach to deployment of those services into the community. The County’s capabilities are further evidenced by the fact that, following the bankruptcies and subsequent closures of the hospitals operated by the Los Medanos and West Contra Costa Healthcare Districts, the County was able to accommodate the healthcare needs of the populations within those Districts. It is important to note that non-County operated hospitals in surrounding areas also played a critical role in providing services to those residents as well.  
  
Proposal for Dissolution  
  
The County will request that the dissolution of the District be taken pursuant to Government Code section 56654, which authorizes the legislative body of an affected local agency to propose a change of organization by adopting a resolution of application.   
  
The County will further request that, under the Contra Costa Local Agency Formation Commission’s (LAFCO) conditioning powers under Government Code section 56886, the dissolution of the District be subject to the following terms and conditions: All of the assets, rights and responsibilities of the District are to be transferred to the County as the successor to the District.  
  
This proposal is consistent with the spirit of the Little Hoover Commission report findings released in August 2017, that of prior grand juries and similar to a dissolution governance option presented to LAFCO in its 2007 Healthcare District Municipal Services Review (MSR). Ultimately, this request is in the best interest of the residents served in the East County area and the most efficient use of both taxpayer dollars and publically-owned infrastructure.

[1] FY2016 Annual Financial Report, Los Medanos Community Healthcare District (pp.28)
[2] FY2016 Annual Financial Report, Los Medanos Community Healthcare District (pp.7)
[3] FY2016 Annual Financial Report, Los Medanos Community Healthcare District (pp.7)
[4] Special Districts: Improving Oversight and Transparency. Little Hoover Commission, August 2017 (pp. 44)
[5] Including the Antioch, Brentwood and Pittsburg health clinics
[6] Health and Safety Code § 32000 et seq.
[7] In 2012, became the Concord/Pleasant Hill Healthcare District, a subsidiary district of the city of Concord
[8] Independent Financial Review of Elements Related to the County’s Ambulance RFP. Citygate Associates, LLC, July 2015 (pp. 34)

CONSEQUENCE OF NEGATIVE ACTION:

The application seeking dissolution of the District will not be filed.

CHILDREN'S IMPACT STATEMENT:

No impact.

CLERK'S ADDENDUM

Speakers: Merl Craft, resident of Pittsburg; Godfrey Wilson, Executive Director, Los Medanos Community Healthcare District.

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