17-50-319.   County charges enumerated.
     (1) County charges are:
     (a) those incurred against the county by any law;
     (b) the necessary expenses of the county attorney or district attorney incurred in criminal cases arising in the county, and all other expenses necessarily incurred by the county or district attorney in the prosecution of criminal cases, except jury and witness fees;
     (c) the expenses necessarily incurred in the support of persons charged with or convicted of a criminal offense and committed to the county jail;
     (d) for a county not within the state district court administrative system, the sum required by law to be paid jurors in civil cases;
     (e) all charges and accounts for services rendered by any justice court judge for services in the trial and examination of persons charged with a criminal offense not otherwise provided for by law;
     (f) the contingent expenses necessarily incurred for the use and benefit of the county;
     (g) every other sum directed by law to be raised for any county purposes under the direction of the county legislative body or declared a county charge;
     (h) the fees of constables for services rendered in criminal cases;
     (i) the necessary expenses of the sheriff and deputies incurred in civil and criminal cases arising in the county, and all other expenses necessarily incurred by the sheriff and deputies performing the duties imposed upon them by law;
     (j) the sums required by law to be paid by the county to jurors and witnesses serving at inquests and in criminal cases in justice courts; and
     (k) subject to Subsection (2), expenses incurred by a health care facility or provider in providing medical services at the request of a county sheriff for existing conditions of:
     (i) persons booked into a county jail on a charge of a criminal offense; or
     (ii) persons convicted of a criminal offense and committed to a county jail.
     (2) (a) Expenses described in Subsection (1)(k) are a county charge only to the extent that they exceed any private insurance in effect that covers those expenses.
     (b) If there is no contract between a county jail and a health care facility or provider that establishes a fee schedule for medical services rendered, expenses under Subsection (1)(k) shall be commensurate with:
     (i) for a health care facility, the current noncapitated state Medicaid rates; and
     (ii) for a health care provider, 65% of the amount that would be paid to the health care provider:
     (A) under the Public Employees' Benefit and Insurance Program, created in Section 49-20-103; and
     (B) if the person receiving the medical service were a covered employee under the Public Employees' Benefit and Insurance Program.
     (c) Subsection (1)(k) does not apply to expenses of a person held at the jail at the request of an agency of the United States.
     (d) A county that receives information from the Public Employees' Benefit and Insurance Program to enable the county to calculate the amount to be paid to a health care provider under Subsection (2)(b)(ii) shall keep that information confidential.

Amended by Chapter 155, 2008 General Session
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Last revised: Thursday, May 28, 2009