Bill Text: MI HB5975 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Corrections; jails; county obligation to pay for expenses of persons charged with offenses; clarify. Amends secs. 4 & 4a of 1846 RS 171 (MCL 801.4 & 801.4a).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-03-24 - Printed Bill Filed 03/24/2010 [HB5975 Detail]
Download: Michigan-2009-HB5975-Introduced.html
HOUSE BILL No. 5975
March 23, 2010, Introduced by Reps. Cushingberry and Durhal 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) and sections
5 and 5a, all charges and expenses of safekeeping and maintaining
prisoners and persons charged with an offense, regardless of
whether those individuals have been arraigned for those offenses,
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), 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) 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, regardless of whether those
persons have been arraigned for those violations, 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), 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.
