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 providers 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.