CODING: Words stricken are deletions; words underlined are additions.House Bill 0185
    Florida House of Representatives - 1997                 HB 185
        By Representative Maygarden
  1                      A bill to be entitled
  2         An act relating to expenses incurred by persons
  3         during their apprehension; amending s. 901.35,
  4         F.S.; prescribing the financial responsibility
  5         for medical and other specified expenses of a
  6         person who becomes ill, wounded, or injured
  7         during apprehension for violation of a state
  8         law or county or municipal ordinance; providing
  9         that responsibility for such expenses exists
10         until treatment is completed; prescribing
11         guidelines for payment of such costs from the
12         county or municipal general fund; providing for
13         assignment of benefits to a health care
14         provider; prescribing responsibilities of the
15         arresting or apprehending law enforcement
16         agency and guidelines relating to provision of
17         security to an arrested or apprehended person
18         transported to a licensed health care facility
19         and to facility patients and employees;
20         providing an effective date.
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22  Be It Enacted by the Legislature of the State of Florida:
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24         Section 1.  Section 901.35, Florida Statutes, is
25  amended to read:
26         901.35  Financial responsibility for medical expenses;
27  provision of security.--
28         (1)  Notwithstanding any other provision of law, the
29  responsibility for paying the expenses of medical care,
30  treatment, hospitalization, and transportation for any person
31  ill, wounded, or otherwise injured during or at the time of
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    Florida House of Representatives - 1997                 HB 185
    555-102C-97
  1  arrest for any violation of a state law or a county or
  2  municipal ordinance, or during the course of being apprehended
  3  for the violation regardless of whether the person is
  4  subsequently arrested, is the responsibility of the person
  5  receiving such care, treatment, hospitalization, and
  6  transportation.  The provider of such services shall seek
  7  reimbursement for the expenses incurred in providing medical
  8  care, treatment, hospitalization, and transportation from the
  9  following sources in the following order:
10         (a)  From an insurance company, health care
11  corporation, or other source, if the person prisoner is
12  covered by an insurance policy or subscribes to a health care
13  corporation or other source for those expenses.
14         (b)  From the person receiving the medical care,
15  treatment, hospitalization, or transportation.
16         (c)  From a financial settlement for the medical care,
17  treatment, hospitalization, or transportation payable or
18  accruing to the injured party.
19         (2)  Upon a showing that reimbursement from the sources
20  listed in subsection (1) is not available, the costs of
21  medical care, treatment, hospitalization, and transportation
22  shall be paid:
23         (a)  From the general fund of the county in which the
24  person was arrested or apprehended, if the arrest or
25  apprehension was for violation of a state law or county
26  ordinance; or
27         (b)  From the municipal general fund, if the arrest or
28  apprehension was for violation of a municipal ordinance.
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30  The responsibility for payment of such medical costs shall
31  exist until such time as the treatment rendered to an arrested
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    Florida House of Representatives - 1997                 HB 185
    555-102C-97
  1  or apprehended person for the illness or injury has been
  2  completed is released from the custody of the arresting
  3  agency.
  4         (3)  An arrested or apprehended person who has health
  5  insurance, subscribes to a health care corporation, or
  6  receives health care benefits from any other source shall
  7  assign such benefits to the health care provider.
  8         (4)  For any person who is ill, wounded, or otherwise
  9  injured during or at the time of arrest for any violation of a
10  state law or a county or municipal ordinance, or during the
11  course of being apprehended for the violation regardless of
12  whether the person is subsequently arrested, and who is
13  subsequently transported to a licensed health care facility
14  for treatment, the arresting or apprehending law enforcement
15  agency is responsible for providing all necessary security to
16  ensure the safety of the arrested or apprehended person and of
17  the patients and employees of the facility.  If the arresting
18  or apprehending law enforcement agency determines that
19  security is unnecessary, the law enforcement agency must
20  certify in writing to the health care facility that security
21  is unnecessary.
22         Section 2.  This act shall take effect July 1, 1997.
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    Florida House of Representatives - 1997                 HB 185
    555-102C-97
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  2                          SENATE SUMMARY
  3    Provides that the responsibility for paying the expenses
      of medical care and other specified expenses of a person
  4    who becomes ill, wounded, or injured while being
      apprehended for violating a state law or county or
  5    municipal ordinance, regardless of whether a subsequent
      arrest is made, is the responsibility of the person
  6    receiving the care, treatment, hospitalization, or
      transportation. Responsibility for payment of such
  7    expenses continues until treatment is completed. Provides
      for assignment of benefits to the health care provider.
  8    Prescribes the responsibilities of an arresting or
      apprehending law enforcement agency and guidelines for
  9    providing security to an arrested or apprehended person
      who is transported to a licensed health care facility and
10    to facility employees and patients.
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