H.B. 121

This document includes House Committee Amendments incorporated into the bill on Wed, Jan 30, 2008 at 12:12 PM by jeyring. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Feb 28, 2008 at 4:17 PM by rday. --> 1

COUNTY CHARGES FOR SERVICES TO
2 INCARCERATED PERSONS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Richard A. Greenwood
6 Senate Sponsor: Gregory S. Bell
7
8 LONG TITLE
9 General Description:
10 This bill modifies a provision related to county charges.
11 Highlighted Provisions:
12 This bill:
13 . expands a provision relating to health care expenses incurred for persons booked
14 into or committed to H. a county .H jail H. [ in a first or second class county ] .H to include
14a health care
15 expenses incurred by health care providers, making those expenses county charges
16 subject to current statutory limits S. [ . ]
16a . removes language that made that provision applicable to only first and second class
16b counties; and
16c . establishes a fee schedule that applies in the absence of a contract with respect to
16d medical services provided by a health care provider. .S
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 17-50-319, as last amended by Laws of Utah 2001, Chapter 249
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 17-50-319 is amended to read:
27 17-50-319. County charges enumerated.

28 (1) County charges are:
29 (a) those incurred against the county by any law;
30 (b) the necessary expenses of the county attorney or district attorney incurred in
31 criminal cases arising in the county, and all other expenses necessarily incurred by the county
32 or district attorney in the prosecution of criminal cases, except jury and witness fees;
33 (c) the expenses necessarily incurred in the support of persons charged with or
34 convicted of a criminal offense and committed to the county jail;
35 (d) for a county not within the state district court administrative system, the sum
36 required by law to be paid jurors in civil cases;
37 (e) all charges and accounts for services rendered by any justice court judge for
38 services in the trial and examination of persons charged with a criminal offense not otherwise
39 provided for by law;
40 (f) the contingent expenses necessarily incurred for the use and benefit of the county;
41 (g) every other sum directed by law to be raised for any county purposes under the
42 direction of the county legislative body or declared a county charge;
43 (h) the fees of constables for services rendered in criminal cases;
44 (i) the necessary expenses of the sheriff and deputies incurred in civil and criminal
45 cases arising in the county, and all other expenses necessarily incurred by the sheriff and
46 deputies performing the duties imposed upon them by law;
47 (j) the sums required by law to be paid by the county to jurors and witnesses serving at
48 inquests and in criminal cases in justice courts; and
49 (k) [for a county of the first or second class and] subject to Subsection (2), expenses
50 incurred by a health care facility or provider in providing medical services at the request of a
51 county sheriff for existing conditions of:
52 (i) persons booked into a county jail on a charge of a criminal offense; or
53 (ii) persons convicted of a criminal offense and committed to a county jail.
54 (2) (a) Expenses described in Subsection (1)(k) are a county charge only to the extent
55 that they exceed any private insurance in effect that covers those expenses.
56 (b) If there is no contract between a county jail and a health care facility or provider
57 that establishes a fee schedule for medical services rendered, expenses under Subsection (1)(k)
58 shall be commensurate with S. :
58a (i) for a health care facility, .S the current noncapitated state Medicaid rates S. ; and
58b (ii) for a health care provider, 65% of the amount that would be paid under the Public
58c Employees' Benefit and Insurance Program, created in Section 49-20-103, to a health
58d care provider for service rendered in a county of the first class to a covered state employee in
58e the health care plan with the highest number of participants .S .

59 (c) Subsection (1)(k) does not apply to expenses of a person held at the jail at the
60 request of an agency of the United States.




Legislative Review Note
as of 12-28-07 10:32 AM

Office of Legislative Research and General Counsel