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S.B. 152

             1     

MEDICAL EXPENSES OF COUNTY INMATES

             2     
2001 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Michael G. Waddoups

             5      This act modifies provisions relating to Counties to include inmate medical expenses
             6      provided at the request of a county sheriff as county expenses S for certain counties s . The act
             6a      specifies the basis for
             7      costs of medical services in the absence of a contract between the county and a medical
             8      service provider or facility. The act also makes technical changes.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          17-50-319, as renumbered and amended by Chapter 133, Laws of Utah 2000
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 17-50-319 is amended to read:
             14           17-50-319. County charges enumerated.
             15          (1) County charges are:
             16          [(1)] (a) those incurred against the county by any law;
             17          [(2)] (b) the necessary expenses of the county attorney or district attorney incurred in
             18      criminal cases arising in the county, and all other expenses necessarily incurred by the county or
             19      district attorney in the prosecution of criminal cases, except jury and witness fees;
             20          [(3)] (c) the expenses necessarily incurred in the support of persons charged with or
             21      convicted of a criminal offense and committed to the county jail;
             22          [(4)] (d) for a county not within the state district court administrative system, the sum
             23      required by law to be paid jurors in civil cases;
             24          [(5)] (e) all charges and accounts for services rendered by any justice court judge for
             25      services in the trial and examination of persons charged with a criminal offense not otherwise
             26      provided for by law;
             27          [(6)] (f) the contingent expenses necessarily incurred for the use and benefit of the county;


             28          [(7)] (g) every other sum directed by law to be raised for any county purposes under the
             29      direction of the county legislative body or declared a county charge;
             30          [(8)] (h) the fees of constables for services rendered in criminal cases;
             31          [(9)] (i) the necessary expenses of the sheriff and deputies incurred in civil and criminal
             32      cases arising in the county, and all other expenses necessarily incurred by the sheriff and deputies
             33      performing the duties imposed upon them by law; [and]
             34          [(10)] (j) the sums required by law to be paid by the county to jurors and witnesses serving
             35      at inquests and in criminal cases in justice courts[.]; and
             36          (k) S FOR A COUNTY OF THE FIRST OR SECOND CLASS AN D s subject to Subsection (2),
             36a      expenses incurred by a h [ health care provider or ] h health care
             37      facility in providing medical services at the request of a county sheriff for existing S [ and
             37a      preexisting ] s
             38      conditions of:
             39          (i) persons booked into a county jail on a charge of a criminal offense; or
             40          (ii) persons convicted of a criminal offense and committed to a county jail.
             41          (2) S (a) EXPENSES DESCRIBED IN SUBSECTION (1)(k) ARE A COUNTY CHARGE ONLY TO
             41a      THE EXTENT THAT THEY EXCEED ANY PRIVATE INSURANCE IN EFFECT THAT COVERS THOSE
             41b      EXPENSES.
             41c          (b) s If there is no contract between a county jail and a S [ health care provider or ] s health care
             42      facility that establishes a fee schedule for medical services rendered, expenses under Subsection
             43      (1)(k) shall be commensurate with the current noncapitated state Medicaid rates S [ ,plus 20% .]
             43a      (c) SUBSECTION (1)(k) DOES NOT APPLY TO EXPENSES OF A PERSON HELD AT THE JAIL AT THE
             43b      REQUEST OF AN AGENCY OF THE UNITED STATES . s




Legislative Review Note
    as of 1-24-01 11:52 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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