Bill Text: MI SB0560 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Corrections; jails; expense of inmate medical care; clarify. Amends secs. 4 & 4a of 1846 RS 171 (MCL 801.4 & 801.4a).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2009-05-12 - Referred To Committee On Judiciary [SB0560 Detail]
Download: Michigan-2009-SB0560-Introduced.html
SENATE BILL No. 560
May 12, 2009, Introduced by Senators GARCIA, CROPSEY and ANDERSON and referred to the Committee on Judiciary.
A bill to amend 1846 RS 171, entitled
"Of county jails and the regulation thereof,"
by amending sections 4 and 4a (MCL 801.4 and 801.4a), as amended by
2006 PA 20.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
4. (1) Except as provided in subsection (2) this section
and sections 5 and 5a, all charges and expenses of safekeeping and
maintaining prisoners and persons charged with an offense, shall be
paid from the county treasury, the accounts therefor being first
settled and allowed by the county board of commissioners.
(2) If medical care or treatment is provided to an individual
described in subsection (1) while that individual is in the
physical custody of a law enforcement agency or the state
department of corrections, the cost of that medical care or
treatment is the responsibility of the law enforcement agency or
department that has physical custody of the individual when the
cost is incurred.
(3) (2)
If medical care or treatment is
provided to an
individual described in subsection (1), the health care provider
shall make a reasonable effort to determine whether that individual
is covered by a health care policy, a certificate of insurance, or
other source for the payment of medical expenses. If the county
sheriff who has custody over the individual is aware that the
individual is covered by any health care policy, certificate of
insurance, or other source of payment, the sheriff shall provide
that information to the health care provider. If the health care
provider determines that the individual, at the time of admission
or treatment, is a medicaid recipient or a beneficiary of any
health care policy, certificate of insurance, or other source for
the payment of some or all of those expenses, the health care
provider shall first seek reimbursement from that source, subject
to the terms and conditions of the applicable health care policy,
certificate of insurance, or medicaid contract, before submitting
those expenses to the county. When submitting an invoice to the
county for the payment of medical expenses under this section, a
health care provider shall provide a statement that the health care
provider has made a reasonable effort to determine whether the
individual was covered by a health care policy, certificate of
insurance, or other source for the payment of medical expenses. A
county may enter into agreements with health care providers to
establish procedures for the submission of invoices for medical
expenses under this section and the payment of those invoices.
Sec.
4a. (1) Except as provided in subsection (2) this section
and sections 5 and 5a, all charges and expenses of safekeeping and
maintaining persons in the county jail charged with violations of
city, village, or township ordinances shall be paid from the county
treasury if a district court of the first or second class has
jurisdiction of the offense.
(2) If medical care or treatment is provided to an individual
described in subsection (1) while that individual is in the
physical custody of a law enforcement agency or the state
department of corrections, the cost of that medical care or
treatment is the responsibility of the law enforcement agency or
department that has physical custody of the individual when the
cost is incurred.
(3) (2)
If medical care or treatment is
provided to an
individual described in subsection (1), the health care provider
shall make a reasonable effort to determine whether that individual
is covered by a health care policy, a certificate of insurance, or
other source for the payment of medical expenses. If the county
sheriff who has custody over the individual is aware that the
individual is covered by any health care policy, certificate of
insurance, or other source of payment, the sheriff shall provide
that information to the health care provider. If the health care
provider determines that the individual, at the time of admission
or treatment, is a medicaid recipient or a beneficiary of any
health care policy, certificate of insurance, or other source for
the payment of some or all of those expenses, the health care
provider shall first seek reimbursement from that source, subject
to the terms and conditions of the applicable health care policy,
certificate of insurance, or medicaid contract, before submitting
those expenses to the county. When submitting an invoice to the
county for the payment of medical expenses under this section, a
health care provider shall provide a statement that the health care
provider has made a reasonable effort to determine whether the
individual was covered by a health care policy, certificate of
insurance, or other source for the payment of medical expenses. A
county may enter into agreements with health care providers to
establish procedures for the submission of invoices for medical
expenses under this section and the payment of the invoices.
