Bill Text: FL S0490 | 2011 | Regular Session | Comm Sub
Bill Title: Medical Expense/Pretrial Detainee/Sentenced Inmate
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S0490 Detail]
Download: Florida-2011-S0490-Comm_Sub.html
Florida Senate - 2011 CS for CS for SB 490
By the Committees on Budget Subcommittee on Criminal and Civil
Justice Appropriations; and Health Regulation; and Senator Jones
604-04495-11 2011490c2
1 A bill to be entitled
2 An act relating to financial responsibility for
3 medical expenses of pretrial detainees or sentenced
4 inmates; amending s. 901.35, F.S.; providing that the
5 responsibility for paying the expenses of medical
6 care, treatment, hospitalization, and transportation
7 for a person who is ill, wounded, or otherwise injured
8 during or as a result of an arrest for a violation of
9 a state law or a county or municipal ordinance is the
10 responsibility of the person receiving the medical
11 care, treatment, hospitalization, or transportation;
12 removing provisions establishing the order by which
13 medical providers receive reimbursement for the
14 expenses incurred in providing the medical services or
15 transportation; amending s. 951.032, F.S.; setting
16 forth the order by which a county or municipal
17 detention facility may seek reimbursement for the
18 expenses incurred during the course of treating or
19 transporting in-custody pretrial detainees or
20 sentenced inmates; requiring each in-custody pretrial
21 detainee or sentenced inmate who receives medical care
22 or other services to cooperate with the county or
23 municipal detention facility in seeking reimbursement
24 for the expenses incurred by the facility; setting
25 forth the order of fiscal resources from which a
26 third-party provider of medical services may seek
27 reimbursement for the expenses the provider incurred
28 in providing medical care; providing that, absent a
29 written agreement between a third-party provider and a
30 governmental body, the remuneration be billed by the
31 third-party provider and paid by the governmental body
32 at a rate not to exceed a specified percent of the
33 Medicare allowable rate for the service rendered;
34 requiring each in-custody pretrial detainee or
35 sentenced inmate who has health insurance, subscribes
36 to a health care corporation, or receives health care
37 benefits from any other source to assign such benefits
38 to the health care provider; defining the term “in
39 custody pretrial detainee or sentenced inmate”;
40 providing that law enforcement personnel or county or
41 municipal detention facility personnel are responsible
42 for restricting the personal freedom of certain in
43 custody pretrial detainees or sentenced inmates;
44 providing that the act does not apply to certain
45 counties; providing that certain charter counties are
46 not obligated to reimburse any third-party provider of
47 medical care, treatment, hospitalization, or
48 transportation for an in-custody pretrial detainee or
49 sentenced inmate of a county detention facility at a
50 rate exceeding a particular rate for certain
51 transportation or medical costs; providing an
52 effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Section 901.35, Florida Statutes, is amended to
57 read:
58 901.35 Financial responsibility for medical expenses.—
59 (1) Except as provided in s. 951.032 Notwithstanding any
60 other provision of law, the responsibility for paying the
61 expenses of medical care, treatment, hospitalization, and
62 transportation for any person ill, wounded, or otherwise injured
63 during or as a result at the time of an arrest for any violation
64 of a state law or a county or municipal ordinance is the
65 responsibility of the person receiving such care, treatment,
66 hospitalization, and transportation. The provider of such
67 services shall seek reimbursement for the expenses incurred in
68 providing medical care, treatment, hospitalization, and
69 transportation from the following sources in the following
70 order:
71 (a) From an insurance company, health care corporation, or
72 other source, if the prisoner is covered by an insurance policy
73 or subscribes to a health care corporation or other source for
74 those expenses.
75 (b) From the person receiving the medical care, treatment,
76 hospitalization, or transportation.
77 (c) From a financial settlement for the medical care,
78 treatment, hospitalization, or transportation payable or
79 accruing to the injured party.
80 (2) Upon a showing that reimbursement from the sources
81 listed in subsection (1) is not available, the costs of medical
82 care, treatment, hospitalization, and transportation shall be
83 paid:
84 (a) From the general fund of the county in which the person
85 was arrested, if the arrest was for violation of a state law or
86 county ordinance; or
87 (b) From the municipal general fund, if the arrest was for
88 violation of a municipal ordinance.
89
90 The responsibility for payment of such medical costs shall exist
91 until such time as an arrested person is released from the
92 custody of the arresting agency.
93 (3) An arrested person who has health insurance, subscribes
94 to a health care corporation, or receives health care benefits
95 from any other source shall assign such benefits to the health
96 care provider.
97 Section 2. Section 951.032, Florida Statutes, is amended to
98 read:
99 951.032 Financial responsibility for medical expenses.—
100 (1) A county detention facility or municipal detention
101 facility incurring expenses for providing medical care,
102 treatment, hospitalization, or transportation provided by the
103 county or municipal detention facility may seek reimbursement
104 for the expenses incurred during the course of treatment of in
105 custody pretrial detainees or sentenced inmates in the following
106 order:
107 (a) From the in-custody pretrial detainee or sentenced
108 inmate prisoner or person receiving medical care, treatment,
109 hospitalization, or transportation by deducting the cost from
110 the in-custody pretrial detainee’s or sentenced inmate’s
111 prisoner’s cash account on deposit with the detention facility.
112 If the in-custody pretrial detainee’s or sentenced inmate’s
113 prisoner’s cash account does not contain sufficient funds to
114 cover medical care, treatment, hospitalization, or
115 transportation, then the detention facility may place a lien
116 against the in-custody pretrial detainee’s or sentenced inmate’s
117 prisoner’s cash account or other personal property, to provide
118 payment in the event sufficient funds become available at a
119 later time. Any existing lien may be carried over to future
120 incarceration of the same detainee or inmate prisoner as long as
121 the future incarceration takes place within the county
122 originating the lien and the future incarceration takes place
123 within 3 years after of the date the lien was placed against the
124 in-custody pretrial detainee’s or sentenced inmate’s prisoner’s
125 account or other personal property.
126 (b) From an insurance company, health care corporation, or
127 other source if the in-custody pretrial detainee or sentenced
128 inmate prisoner or person is covered by an insurance policy or
129 subscribes to a health care corporation or other source for
130 those expenses.
131 (2) An in-custody pretrial detainee or sentenced inmate A
132 prisoner who receives medical care, treatment, hospitalization,
133 or transportation by a county or municipal detention facility
134 shall cooperate with that the county detention facility or
135 municipal detention facility in seeking reimbursement under
136 paragraphs(1)(a) and (b) for expenses incurred by the facility
137 for the in-custody pretrial detainee or sentenced inmate
138 prisoner. An in-custody pretrial detainee or sentenced inmate A
139 prisoner who willfully refuses to cooperate with the
140 reimbursement efforts of the detention facility may have a lien
141 placed against his or her the prisoner’s cash account or other
142 personal property and may not receive gain-time as provided by
143 s. 951.21.
144 (3) A third-party provider of medical care, treatment,
145 hospitalization, or transportation for in-custody pretrial
146 detainees or sentenced inmates of a county or municipal
147 detention facility shall seek reimbursement for the expenses
148 incurred in providing medical care, treatment, hospitalization,
149 and transportation to such in-custody pretrial detainees or
150 sentenced inmates from the following sources in the following
151 order:
152 (a) From an insurance company, health care corporation, or
153 other source, if the pretrial detainee or sentenced inmate is
154 covered by an insurance policy or subscribes to a health care
155 corporation or other source for those expenses.
156 (b) From the pretrial detainee or sentenced inmate
157 receiving the medical care, treatment, hospitalization, or
158 transportation.
159 (c) From a financial settlement for the medical care,
160 treatment, hospitalization, or transportation payable or
161 accruing to the injured pretrial detainee or sentenced inmate.
162 (4) Upon a showing by the third-party provider that a good
163 faith effort was made, consistent with that provider’s usual
164 policies and procedures related to the collection of fees from
165 indigent patients outside the custody of a county or municipal
166 detention facility, to obtain reimbursement from the sources
167 listed in subsection (3), but that such reimbursement is not
168 available, the costs of medical care, treatment,
169 hospitalization, and transportation shall be paid:
170 (a) From the general fund of the county in which the person
171 was arrested, if the arrest was for violation of a state law or
172 county ordinance; or
173 (b) From the municipal general fund, if the arrest was for
174 violation of a municipal ordinance.
175 (5) Absent a written agreement between the third-party
176 provider and the governmental body, the remuneration made
177 pursuant to subsection (4) must be paid by the governmental body
178 at a rate not to exceed the following:
179 (a) For emergency services and care resulting in a
180 discharge from the emergency room, and unrelated to an
181 admission, provided by a hospital licensed under chapter 395, 75
182 percent of the hospital’s billed charges;
183 (b) For hospital inpatient services, 110 percent of the
184 Medicare Part A prospective payment applicable to the specific
185 hospital providing the inpatient services;
186 (c) For all other outpatient services, 110 percent of the
187 Medicare Part A Ambulatory Payment Classification or Part B for
188 the specific provider of the outpatient services; and
189 (d) For hospitals reporting a negative operating margin for
190 the previous year to the Agency for Health Care Administration
191 through hospital-audited financial data, the payments in
192 paragraphs (b) and (c) shall be 125 percent of the applicable
193 Medicare prospective payment.
194 (6) The provisions of subsection (5) do not apply to
195 amounts billed and paid for physicians licensed under chapter
196 458 or chapter 459 for emergency services provided within a
197 hospital emergency department.
198 (7) The responsibility of the governmental body for payment
199 of any in-custody medical costs ceases upon release of the in
200 custody pretrial detainee or sentenced inmate.
201 (8) An in-custody pretrial detainee or sentenced inmate who
202 has health insurance, subscribes to a health care corporation,
203 or receives health care benefits from any other source shall
204 assign such benefits to the health care provider.
205 (9) As used in this section, the term “in-custody pretrial
206 detainee or sentenced inmate” means a person whose physical
207 freedom is restricted by a certified law enforcement officer or
208 certified correctional officer pending disposition of an arrest
209 or completion of a county court sentence. The term also includes
210 a person who is furloughed by a criminal court for the express
211 purpose of receiving medical treatment if a condition of the
212 furlough is the immediate return to the custody of a county or
213 municipal detention facility following completion of such
214 treatment.
215 (10) Law enforcement personnel or personnel of the county
216 or municipal detention facility are responsible for restricting
217 the personal freedom of in-custody pretrial detainees or
218 sentenced inmates receiving treatment or services under this
219 section.
220 Section 3. This act does not apply to a charter county that
221 has a population of more than 1.7 million as of the most recent
222 decennial census. A charter county that has two hospital
223 districts within its geographical boundaries is not obligated to
224 reimburse any third-party provider of medical care, treatment,
225 hospitalization, or transportation for an in-custody pretrial
226 detainee or sentenced inmate of a county detention facility at a
227 rate exceeding the rate paid, as of July 1, 2011, for similar
228 medical costs to such hospital districts, regardless of whether
229 such reimbursement rate has been established and implemented by
230 policy or practice or through a contractual arrangement. A
231 charter county that has a county public hospital is not
232 obligated to reimburse any third-party provider of medical care,
233 treatment, hospitalization, or transportation for an in-custody
234 pretrial detainee or sentenced inmate of a county detention
235 facility at a rate exceeding the rate paid, as of July 1, 2011,
236 for similar medical costs to private or not-for-profit hospitals
237 located within the charter county, regardless of whether such
238 reimbursement rate has been established and implemented by
239 policy or practice or through a contractual arrangement.
240 Section 4. This act shall take effect July 1, 2011.
