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Correspondence- #6
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02/07/2023 Regular & HA
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Correspondence- #6
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Of the patients served by SOS, over 79% are of racial and/or ethnic minority <br />backgrounds. 67% percent identify as Hispanic or Latino, 97% percent of SOS' patients <br />are at or below 200% of the Federal Poverty Guideline, while 53% are at or below 100% <br />of the Federal Poverty Guideline. Additionally, 57% of patients are covered by Medi-Cal <br />and/or Medicare, and 24% of the patient population is uninsured. <br />FQHCs are regulated by the Health Resources and Services Administration <br />("HRSA) of the United States Government. FQHCs receive an annual grant from HRSA <br />for each approved site at which services are provided. In addition, FQHCs receive a <br />higher reimbursement rate for seeing Medicaid (MediCal) patients than do hospitals, <br />non-FQHCs, or practitioners. <br />In exchange for the HRSA grant and higher reimbursement rate, FQHCs must <br />provide cradle to grave primary care services and must accept all patients regardless of <br />insurance status or ability to pay. FQHC's are also required to establish "sliding scale" <br />fees for uninsured patients based on an assessment of the patient's income relative to <br />federally adjusted poverty line which takes into consideration the size of the individual's <br />household among other factors. FQHCs are required to charge at least a "nominal fee" <br />regardless of how low an individual's income may be. <br />The Public Health Service Act provides that eligible community health centers <br />and their employees are employees of the federal Public Health Service ("PHS") for <br />certain purposes. The Secretary of Health and Human Services deems a community <br />health center to be a PHS employee after the center has qualified for certain federal <br />assistance. Once a community health center is deemed a PHS employee, it enjoys <br />immunity from those acts that relate to its employment, and any actions against it are <br />treated as actions against the United States. Furthermore, for an FQHC receiving funds <br />under 42 U.S.C. § 254b, any officer, governing board member, or employee of such an <br />entity ... shall be deemed to be an employee of the Public Health Service for purposes <br />such as immunity from liability for medical malpractice, etc. <br />There is, therefore, a direct agency relationship between FQHCs, such as SOS, <br />and the federal government. An Ordinance being considered for adoption by the <br />Council would interfere and conflict with the accomplishment and execution of the full <br />purposes and objectives of Congress, particularly with respect to providing health care <br />to underserved populations. This fact alone presents serious issues concerning the <br />Ordinance. <br />Facts Regarding SOS's Proposed Expansion Project. <br />Share Our Selves 3 1 P a g e <br />
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