Miami-Dade Legislative Item
File Number: 102718
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File Number: 102718 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1218-10 Control: Board of County Commissioners
File Name: INMATE MEDICAL CARE Introduced: 11/22/2010
Requester: NONE Cost: Final Action: 12/7/2010
Agenda Date: 12/7/2010 Agenda Item Number: 11A26
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION PROVIDING THAT COUNTIES PAY FOR INMATE MEDICAL CARE AT MEDICAID RATES; OPPOSING LEGISLATION THAT WOULD REQUIRE COUNTIES TO PAY AT MEDICARE RATES; URGING THE FLORIDA ASSOCIATION OF COUNTIES NOT TO TAKE A POSITION ON ANY INMATE MEDICAL LEGISLATION EXCEPT AT MEDICAID RATES
Indexes: INMATES
Sponsors: Sally A. Heyman, Prime Sponsor
  Rebeca Sosa, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Carlos A. Gimenez, 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 12/7/2010 11A26 Adopted P

County Attorney 11/22/2010 Assigned Jess M. McCarty 11/22/2010

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS LEGISLATION PROVIDING THAT COUNTIES PAY FOR INMATE MEDICAL CARE AT MEDICAID RATES; OPPOSING LEGISLATION THAT WOULD REQUIRE COUNTIES TO PAY AT MEDICARE RATES; URGING THE FLORIDA ASSOCIATION OF COUNTIES NOT TO TAKE A POSITION ON ANY INMATE MEDICAL LEGISLATION EXCEPT AT MEDICAID RATES

BODY

WHEREAS, Florida law currently requires the cost of medical care, treatment, hospitalization and transportation for county inmates to be paid from the county’s general fund if the arrest was for a violation of state law or county ordinance pursuant to section 901.35, Florida Statutes; and
WHEREAS, at least ten states have laws limiting the amount that health care providers can charge for inmate medical care, including Colorado, Illinois, Maine, Minnesota, Mississippi, Montana, New Hampshire, Oklahoma, Washington and Wisconsin; and
WHEREAS, Colorado has passed a state law providing for payments at Medicaid rates for inmate medical care; and
WHEREAS, many inmates would qualify for Medicaid if they were not incarcerated; and
WHEREAS, Miami-Dade County currently pays health care providers at Medicaid rates for inmate medical care, but passage of state legislation would ensure that the County would continue to pay medical providers at the Medicaid rate for inmate medical care; and
WHEREAS, bills were filed for consideration during the 2010 regular session, SB 218 by Senator Dennis Jones (R – Seminole) and HB 319 by Representative Ed Hooper (R Clearwater), that as initially filed would have required counties to pay for inmate medical services at the state's Medicaid rate; and
WHEREAS, Miami-Dade County supported SB 218 and HB 319 when they included Medicaid rates pursuant to Resolution No. 1441-09; and
WHEREAS, SB 218 and HB 319 were amended during the committee process to require counties to pay for inmate medical services at Medicare, rather than Medicaid rates; and
WHEREAS, Medicare rates are substantially higher than Medicaid rates, and Miami-Dade County opposed SB 218 and HB 319 in this form because of the significant negative fiscal impact; and
WHEREAS, some counties supported SB 218 and HB 319 based on Medicare rates, while others joined Miami-Dade County in opposing these bills are Medicare rates; and
WHEREAS, SB 218 and HB 319 did not pass during the 2010 session; and
WHEREAS, similar legislation is likely to be filed for consideration during the 2011 session,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to pass legislation providing that counties pay health care providers at Medicaid rates for inmate medical care.
Section 2. Opposes legislation that would require counties to pay for inmate medical care at Medicare rates or any other rate higher than Medicaid rates.
Section 3. Urges the Florida Association of Counties not to take a position on legislation related to inmate medical care rates during the 2011 session, except for legislation that requires reimbursement at the Medicaid rate.
Section 4. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, the Senate President, the House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation and the Executive Director of the Florida Association of Counties.
Section 5. Directs the County's state lobbyists to advocate for the policies set forth in sections 1, 2 and 3 above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2011 state legislative package.



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