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S.B. 152 Enrolled

                 

MEDICAL EXPENSES OF COUNTY INMATES

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Michael G. Waddoups

                  This act modifies provisions relating to Counties to include inmate medical expenses
                  provided at the request of a county sheriff as county expenses for certain counties. The act
                  specifies the basis for costs of medical services in the absence of a contract between the
                  county and a medical service facility. The act also makes technical changes.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      17-50-319, as renumbered and amended by Chapter 133, Laws of Utah 2000
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 17-50-319 is amended to read:
                       17-50-319. County charges enumerated.
                      (1) County charges are:
                      [(1)] (a) those incurred against the county by any law;
                      [(2)] (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;
                      [(3)] (c) the expenses necessarily incurred in the support of persons charged with or
                  convicted of a criminal offense and committed to the county jail;
                      [(4)] (d) for a county not within the state district court administrative system, the sum
                  required by law to be paid jurors in civil cases;
                      [(5)] (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;
                      [(6)] (f) the contingent expenses necessarily incurred for the use and benefit of the county;
                      [(7)] (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;


                      [(8)] (h) the fees of constables for services rendered in criminal cases;
                      [(9)] (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; [and]
                      [(10)] (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) for a county of the first or second class and subject to Subsection (2), expenses incurred
                  by a health care facility 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 that establishes a
                  fee schedule for medical services rendered, expenses under Subsection (1)(k) shall be commensurate
                  with the current noncapitated state Medicaid rates.
                      (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.

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