HB 257

1	A bill to be entitled
2	An act relating to financial responsibility for medical
3	expenses of pretrial detainees or sentenced inmates;
4	amending s. 901.35, F.S.; providing that the
5	responsibility for paying the expenses of medical care,
6	treatment, hospitalization, and transportation for a
7	person who is ill, wounded, or otherwise injured during or
8	as a result of an arrest for a violation of a state law or
9	a county or municipal ordinance is the responsibility of
10	the person receiving the medical care, treatment,
11	hospitalization, or transportation; deleting provisions
12	establishing the order by which medical providers receive
13	reimbursement for the expenses incurred in providing the
14	medical services; amending s. 951.032, F.S.; setting forth
15	the order by which a county or municipal detention
16	facility may seek reimbursement for the expenses incurred
17	during the course of treating in-custody pretrial
18	detainees or sentenced inmates; requiring each in-custody
19	pretrial detainee or sentenced inmate who receives medical
20	care or other services to cooperate with the county or
21	municipal detention facility in seeking reimbursement for
22	the expenses incurred by the facility and providing for
23	certain liens against detainees or prisoners; setting
24	forth the order of fiscal resources from which a third-
25	party provider of medical services may seek reimbursement
26	for the expenses the provider incurred in providing
27	medical care; requiring each in-custody pretrial detainee
28	or sentenced inmate who has health insurance, subscribes
29	to a health care corporation, or receives health care
30	benefits from any other source to assign such benefits to
31	the health care provider; requiring assignment of health
32	insurance or health care benefits to providers by
33	detainees or inmates who have such insurance or benefits;
34	providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Section 901.35, Florida Statutes, is amended to
39	read:
40	901.35  Financial responsibility for medical expenses.-
41	(1)  Except as provided in s. 951.032 Notwithstanding any
42	other provision of law, the responsibility for paying the
43	expenses of medical care, treatment, hospitalization, and
44	transportation for any person ill, wounded, or otherwise injured
45	during or as a result at the time of an arrest for any violation
46	of a state law or a county or municipal ordinance is the
47	responsibility of the person receiving such care, treatment,
48	hospitalization, and transportation. The provider of such
49	services shall seek reimbursement for the expenses incurred in
50	providing medical care, treatment, hospitalization, and
51	transportation from the following sources in the following
52	order:
53	(a)  From an insurance company, health care corporation, or
54	other source, if the prisoner is covered by an insurance policy
55	or subscribes to a health care corporation or other source for
56	those expenses.
57	(b)  From the person receiving the medical care, treatment,
58	hospitalization, or transportation.
59	(c)  From a financial settlement for the medical care,
60	treatment, hospitalization, or transportation payable or
61	accruing to the injured party.
62	(2)  Upon a showing that reimbursement from the sources
63	listed in subsection (1) is not available, the costs of medical
64	care, treatment, hospitalization, and transportation shall be
65	paid:
66	(a)  From the general fund of the county in which the
67	person was arrested, if the arrest was for violation of a state
68	law or county ordinance; or
69	(b)  From the municipal general fund, if the arrest was for
70	violation of a municipal ordinance.
71
72	The responsibility for payment of such medical costs shall exist
73	until such time as an arrested person is released from the
74	custody of the arresting agency.
75	(3)  An arrested person who has health insurance,
76	subscribes to a health care corporation, or receives health care
77	benefits from any other source shall assign such benefits to the
78	health care provider.
79	Section 2.  Section 951.032, Florida Statutes, is amended
80	to read:
81	951.032  Financial responsibility for medical expenses.-
82	(1)  A county detention facility or municipal detention
83	facility incurring expenses for providing medical care,
84	treatment, hospitalization, or transportation provided by the
85	county or municipal detention facility may seek reimbursement
86	for the expenses incurred during the course of treatment of in-
87	custody pretrial detainees or sentenced inmates in the following
88	order:
89	(a)  From the in-custody pretrial detainee or sentenced
90	inmate prisoner or person receiving medical care, treatment,
91	hospitalization, or transportation by deducting the cost from
92	the in-custody pretrial detainee's or sentenced inmate's
93	prisoner's cash account on deposit with the detention facility.
94	If the in-custody pretrial detainee's or sentenced inmate's
95	prisoner's cash account does not contain sufficient funds to
96	cover medical care, treatment, hospitalization, or
97	transportation, then the detention facility may place a lien
98	against the in-custody pretrial detainee's or sentenced inmate's
99	prisoner's cash account or other personal property, to provide
100	payment in the event sufficient funds become available at a
101	later time. Any existing lien may be carried over to future
102	incarceration of the same detainee or inmate prisoner as long as
103	the future incarceration takes place within the county
104	originating the lien and the future incarceration takes place
105	within 3 years after of the date the lien was placed against the
106	in-custody pretrial detainee's or sentenced inmate's prisoner's
107	account or other personal property.
108	(b)  From an insurance company, health care corporation, or
109	other source if the in-custody pretrial detainee or sentenced
110	inmate prisoner or person is covered by an insurance policy or
111	subscribes to a health care corporation or other source for
112	those expenses.
113	(2)  An in-custody pretrial detainee or sentenced inmate A
114	prisoner who receives medical care, treatment, hospitalization,
115	or transportation by a county or municipal detention facility
116	shall cooperate with that the county detention facility or
117	municipal detention facility in seeking reimbursement under
118	paragraphs (1)(a) and (b) for expenses incurred by the facility
119	for the in-custody pretrial detainee or sentenced inmate
120	prisoner. An in-custody pretrial detainee or sentenced inmate A
121	prisoner who willfully refuses to cooperate with the
122	reimbursement efforts of the detention facility may have a lien
123	placed against his or her the prisoner's cash account or other
124	personal property and may not receive gain-time as provided by
125	s. 951.21.
126	(3)  A third-party provider of medical care, treatment,
127	hospitalization, or transportation for in-custody pretrial
128	detainees or sentenced inmates of a county or municipal
129	detention facility shall seek reimbursement for the expenses
130	incurred in providing medical care, treatment, hospitalization,
131	and transportation to such in-custody pretrial detainees or
132	sentenced inmates from the following sources in the following
133	order:
134	(a)  From an insurance company, health care corporation, or
135	other source, if the pretrial detainee or sentenced inmate is
136	covered by an insurance policy or subscribes to a health care
137	corporation or other source for those expenses.
138	(b)  From the pretrial detainee or sentenced inmate
139	receiving the medical care, treatment, hospitalization, or
140	transportation.
141	(c)  From a financial settlement for the medical care,
142	treatment, hospitalization, or transportation payable or
143	accruing to the injured pretrial detainee or sentenced inmate.
144	(4)  Upon a showing by the third-party provider that a good
145	faith effort was made, consistent with that provider's usual
146	policies and procedures related to the collection of fees from
147	indigent patients outside the custody of a county or municipal
148	detention facility, to obtain reimbursement from the sources
149	listed in subsection (1), but that such reimbursement is not
150	available, the costs of medical care, treatment,
151	hospitalization, and transportation shall be paid:
152	(a)  From the general fund of the county in which the
153	person was arrested, if the arrest was for violation of a state
154	law or county ordinance; or
155	(b)  From the municipal general fund, if the arrest was for
156	violation of a municipal ordinance.
157
158	Absent a written agreement between the third-party provider and
159	the governmental body, remuneration made pursuant to paragraph
160	(a) or paragraph (b) shall be billed by the third-party provider
161	and paid by the governmental body at a rate not to exceed 110
162	percent of the Medicare allowable rate for such services.
163	Compensation to a third-party provider may not exceed 125
164	percent of the Medicare allowable rate if there is no written
165	agreement between the third-party provider and the governmental
166	body, and the third-party provider reported a negative operating
167	margin for the previous year to the Agency for Health Care
168	Administration through hospital-audited financial data. However,
169	these maximum allowable rates do not apply to amounts billed and
170	paid for physicians licensed under chapter 458 or chapter 459
171	for emergency services provided within a hospital emergency
172	department. The responsibility of the governmental body for
173	payment of any in-custody medical costs shall cease upon release
174	of the in-custody pretrial detainee or sentenced inmate.
175	(5)  An in-custody pretrial detainee or sentenced inmate
176	who has health insurance, subscribes to a health care
177	corporation, or receives health care benefits from any other
178	source shall assign such benefits to the health care provider.
179	Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.