Florida Senate - 2010                CS for CS for CS for SB 218
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committees on Health Regulation; and Community Affairs; and
       Senator Jones
       
       
       576-04453-10                                           2010218c3
    1                        A bill to be entitled                      
    2         An act relating to medical expenses of inmates paid by
    3         a county or municipality; amending s. 901.35, F.S.;
    4         requiring that payments made by a county or
    5         municipality to a provider for certain services for an
    6         arrested person be made at a certain percentage of the
    7         Medicare allowable rate; providing that this maximum
    8         allowable cap does not apply to physician payments for
    9         emergency services provided within a hospital
   10         emergency department; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (2) of section 901.35, Florida
   15  Statutes, is amended to read:
   16         901.35 Financial responsibility for medical expenses.—
   17         (2) Upon a showing that reimbursement from the sources
   18  listed in subsection (1) is not available, the costs of medical
   19  care, treatment, hospitalization, and transportation shall be
   20  paid:
   21         (a) From the general fund of the county in which the person
   22  was arrested, if the arrest was for violation of a state law or
   23  county ordinance; or
   24         (b) From the municipal general fund, if the arrest was for
   25  violation of a municipal ordinance.
   26  
   27  The responsibility of a county or municipality to pay for
   28  payment of such medical costs is limited to services provided
   29  during the time that the arrested person is in shall exist until
   30  such time as an arrested person is released from the custody of
   31  the arresting agency. Absent a formal written agreement between
   32  a county, municipality, or law enforcement entity and a
   33  provider, any payments made from county or municipal general
   34  funds to a provider under this section for medical care,
   35  treatment, hospitalization, and transportation of an arrested
   36  person shall be made at 110 percent of the Medicare allowable
   37  rate for such services. This maximum allowable cap does not
   38  apply to payments to physicians licensed under chapter 458 or
   39  chapter 459 for emergency services provided within a hospital
   40  emergency department.
   41         Section 2. This act shall take effect July 1, 2010.