ENGROSSED HOUSE
BILL NO. 2573	By:	Trebilcock, Ritze, Smithson, Tibbs and Duncan of the House

			     and

		Coffee of the Senate

( county jails - amending 19 O.S., Section 746 - medical care costs - persons in custody - 		effective date )

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     19 O.S. 2001, Section 746, as amended by Section 1, Chapter 139, O.S.L. 2008 (19 O.S. Supp. 2009, Section 746), is amended to read as follows:
Section 746.  A.  When a person is in the custody of a county jail, the custodial county shall only be liable for the cost of medical care for conditions that are not preexisting prior to arrest and that arise due to acts or omissions of the county.  A preexisting condition is a condition for which the person received medical treatment or advice, or a condition which was diagnosed in the six (6) months preceding the custody of the person by the law enforcement agency.  An accidental injury sustained during the six (6) months preceding the custody of that person by the law enforcement agency will also be considered a preexisting condition.
B.  An inmate in pretrial detention or the custody of a county jail shall be provided with the opportunity to receive necessary medical care for a preexisting condition and the inmate shall be liable for payment of the cost of such medical care including, but not limited to, medication, medical treatment, and transportation costs, for or relating to the condition requiring treatment.
C.  The medical provider or hospital shall seek payment for all medical care provided for preexisting conditions directly from the offender.  In the event there is a dispute between the jail and the medical provider or hospital concerning the existence or extent of a preexisting condition or the liability to pay medical expenses relating to such condition, and the sheriff pays the expense pending a final determination of liability for such medical expense, the court shall order the offender to reimburse the sheriff for all medical care and treatment for preexisting conditions and injuries except for amounts collected pursuant to Section 531 of this title.  Nothing in this section shall require a jail to pay disputed medical expenses or expenses for any preexisting condition.
D.  The sheriff shall reimburse health care providers for medical care and treatment for inmates in county jails according to the Oklahoma Medicaid Fee Schedule.  The sheriff shall not pay fees for medical care and treatment or be liable for medical charges in excess of the Medicaid scheduled rate.
SECTION 2.  This act shall become effective November 1, 2010.
Passed the House of Representatives the 9th day of March, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2010.

	
Presiding Officer of the Senate