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1. PRE-AHCCCS OFFER OF JUDGMENT Authorize the Maricopa County Attorney’s Office to file an Offer of Judgment in Scottsdale Memorial Health Systems, Inc. et al., v. Maricopa County, Maricopa County Superior Court No. CV1997-021512, in the total amount of $14,527,384.11, as described on the Exhibit (on file in the Clerk of the Board's Office). This series of law suits stems from Maricopa County’s role in providing eligibility services for the AHCCCS Program under a system that existed until October of 2001. Under this system, counties were required to pay for emergency health care services if Medicaid eligibility could not be established within two days. Several additional statutory requirements had to be met by the hospitals in order to qualify their claims for payment by the counties, and only individuals who were below 34% of the federal poverty level were eligible for the program. Disputes regarding these standards led to more than 30,000 claims in a series of law suits, and ultimately to a decision by the Arizona Court of Appeals which resolved many of the disputed issues in Maricopa County’s favor. The Court of Appeals’ decision returned the case to the trial court for additional proceedings. In light of the Court of Appeals’ decision and in an effort to finally end this long-standing and expensive litigation, the Maricopa County Attorney’s Office is requesting that the Board authorize them to file an Offer of Judgment in the total amount of approximately $14.5 million. This Offer could be accepted in total (if all thirty-six health care providers accept the offer) or could be accepted by individual health care providers in the amount specified for them. (A list of the specific offers by health care providers accompanies this agenda item.) (C-31-12-002-M-00)

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