... Trust Fundâ (ELTF). By Bobbi Steiff. Technical Environmental Specialist ... Keep going while you have support. â¢
Indiana’s Fund “Excess Liability Trust Fund” (ELTF) By Bobbi Steiff Technical Environmental Specialist
Indiana’s Fund Change in 2010 • IDEM selects internal personnel to take over claim review • Current contractor trains IDEM personnel • May 2010, IDEM has full responsibility for ELTF claim review
Let the Games Begin! So many receipts – so many costs to contemplate… So many items without receipts…
Does This Look Odd? • 500 of Widget X = $50.00 ($.10 each) • We will charge ELTF $.50 each because we bought them in bulk and must store them • Typically, we use 40 – 100 widgets per event
Who Analyzed the Samples? • The claimant failed to provide copies of subcontractor invoices or receipts for samples that, according to the chain of custody, were analyzed by ACME Laboratories
Why did you buy from your driller? • In an effort to charge higher prices, one consulting firm included an invoice from their driller for many sampling supplies • $1.82 X 10% = $2.00 per pair of gloves • Real cost = $.23 per pair of gloves
Low-hanging Fruit • Sampling supplies • In-house equipment rentals • Odd and random charges, typically charged often by particular companies
Nonrule Policy Document • Gave a daily rate for sampling / operation and maintenance supplies – no receipts needed
• Gave a daily rate to some common pieces of equipment not currently in the rule • Clarified some reimbursement or denial practices already in place
What Is the Benefit? • Fewer denials and faster turnaround • Less receipts for claim reviewers to calculate
The Impasse • Late 2015 ELTF claims started denying all personnel time with only the tasks in the rule as descriptions. Common examples: – Technical expert on-site – Project planning/oversight – Site work prep and planning
Let the Appeals Begin • 14 appeals filed on the same day due to personnel denials • Senior staff receiving complaints and calls because reimbursement has dropped by about 40%
Where does this road end? • Litigation seems to be looming • Rule changes are coming • New statute takes effect on July 1
You Can Do It! • • • • •
Take small steps Build momentum Believe in being fair but firm Keep going while you have support Remember to celebrate your successes
Bobbi Steiff Technical Environmental Specialist Underground Storage Tank Branch Indiana Department of Environmental Management (317) 234-0935
[email protected] 