Miami-Dade Legislative Item
File Number: 070289
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File Number: 070289 File Type: Resolution Status: Adopted
Version: 0 Reference: R-475-07 Control: County Commission
File Name: ALLOW MEDICAL BENEFITS FOR INCARCERATED INDIVIDUALS Introduced: 1/31/2007
Requester: NONE Cost: Final Action: 4/24/2007
Agenda Date: 4/24/2007 Agenda Item Number: 11A54
Notes: Title: RESOLUTION URGING CONGRESS TO AMEND FEDERAL LAW TO ALLOW FEDERAL FINANCIAL PARTICIPATION IN PROVIDING MEDICAL BENEFITS TO INCARCERATED INDIVIDUALS UNTIL CONVICTED AND SENTENCED TO SECURE DETENTION
Indexes:
  INCARCERATED INDIVIDUALS
  MEDICAL CARE
Sponsors: Sally A. Heyman, Prime Sponsor
  Rebeca Sosa, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/24/2007 11A54 Adopted P

Budget and Finance Committee 4/10/2007 2F Forwarded to BCC with a favorable recommendation P
REPORT: Chairman Martinez noted he would prepare a memorandum requesting that Chairman Barreiro waive the Board's Rules and Procedures to allow this proposed resolution to be considered at the April 24, 2007, County Commission Meeting.

County Attorney 1/31/2007 Assigned Budget and Finance Committee 4/10/2007

County Attorney 1/31/2007 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION URGING CONGRESS TO AMEND FEDERAL LAW TO ALLOW FEDERAL FINANCIAL PARTICIPATION IN PROVIDING MEDICAL BENEFITS TO INCARCERATED INDIVIDUALS UNTIL CONVICTED AND SENTENCED TO SECURE DETENTION

BODY
WHEREAS, U.S. Code of Federal Regulations, Title 42, Part 435.1009 states that Federal Financial Participation (FFP) is not available in expenditures for services provided to individuals who are inmates of public institutions; and
WHEREAS, states being unable to assume the federal share of providing medical services to FFP eligible persons being held in county jails and detention facilities, tend to terminate or sometimes suspend eligibility; and
WHEREAS, this immediate cessation of benefits occurs prior to the issuance of formal charges or conviction; and
WHEREAS, counties must provide medical services to all persons incarcerated in local jails and detention facilities; and
WHEREAS, as a result of this regulation to immediately cease FFP for medical benefits, all costs of medical care must be borne solely by counties,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the U.S. Congress and the U.S. Department of Health and Human Services to amend federal law to allow federal financial participation in providing medical benefits to incarcerated individuals until convicted and sentenced to secure detention.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the members of the Miami-Dade County Congressional Delegation and the Secretary of the U.S. Department of Health and Human Services.
Section 3. Directs the County's federal lobbyists to advocate for the passage of the legislation and/or rule change set forth in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2007 Federal Legislative Package.



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