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Home My WebLink AboutAgenda - 11-04-1996 - 8m 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November. 4, 1996 Action Agenda Item#_ ►� Subject: Amendment to Jail Plan/Fee for Routine SArvira Department: Hearing: Yes�_No • Budget Amendment Required: Yes x No Sheriff Attachment(s): Information Contact: Ammendment to Health Plan State Law Lt. J.B. Faucette ext 2910 Telephone Numbers: Hillsborough 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 Purpose: to allow Sheriff to charge for non-emergency medical care for inmates at the Orange County Jail. Background: N.C. Law G.S. 15A-225 allows for the Sheriff of the County to charge a fee for non-emergency medical services. Recommendation: Recommend approval and Chair to sign ammendment to Health-Plan. 09/30/96 c:\msofice\winword\agenda\abstrac2.doc 2 � ORANGE COUNTY JAIL POLICY/AMENDED/4.01 DATE OF CHANGE EFFECTIVE DATE REF;NON-EMERGENCY MEDICAL CARE/FEE TO BE CHARGED PURSUANT TO G. S. 153A-225(a)REQUIRES EACH COUNTY JAIL TO HAVE A MEDICAL TREATMENT PLAN THIS LAW WAS AMMENDED TO PROVIDE THAT THOSE SEEING THE DR. FOR NON-EMERGENCY MATTERS TO BE CHARGED A FEE OF NOT MORE THAN $10.00 THIS IN NO WAY APPLIES TO EMERGENCY MEDICAL CAPE WHICH WILL PROVIDED AT NO COST TO THE INMATE EFFECTIVE ON THE DATE INDICATED A FEE OF $10.00 WILL BE CHARGED TO AND TAKEN FROM AN INMATES MONEY ACCOUNT WHEN THEY ARE EXAMINED OR TREATED FOR NON-EMERGENCY MEDICAL CARE IF THE INMATE DOES NOT HAVE THE MONEY REQUIRED THEIR. MONEY ACCOUNT WILL SHOW A DEBIT THAT MAY COLLECTED AT A LATER TIME SHOULD MONEY BE DEPOSITED INTO THEIR ACCOUNT OR THEY ARE RELEASED AND LATER, READMITTED TO THE JAIL ON ANOTHER OCCASION THE ONLY EXCEPTIONS TO THE COLLECTION OF THE CHARGE WILL BE IN THE EVENT OF EMERGENCY MEDICAL CARE OR THAT THE INMATE HAS BEEN DECLARED INDIGENT THE BASIS FOR THE DETERMINATION OF INDIGENCY WILL BE AS FOLLOWS;THE INMATE HAS NO MONEY UPON BEING ADMITTED TO THE JAIL;HOWEVER SHOULD THIS INMATE NEED/REQUEST TO SEE THE DR.FOR NON-EMERGENCY TREATMENT THEY WILL BE ALLOWED TO DO SO IN THE EVENT THAT DURING THEIR. STAY AT THE JAIL SOMEONE DEPOSITS MONEY INTO THEIR. ACCOUNT THE COUNTY WILL AT THAT TIME COLLECT THE FEE AS STATED IF AT THE TIME OF RELEASE THEY OWE MONEY THAT THEY CANNOT PAY THE ACCOUNT WILL REMAIN ACTIVE UNTIL SUCH TIME AS IT WILL BE COLLECTED EXCEPTION:FEDERAL INMATES WILL NOT BE CHARGED A FEE AS THE MARSHAL'S SERVICE PAYS THEIR BILL 885 COUNTIES $ 153A-225.1 3 I `. health, or welfare of persons confined mental health, developmental disabilities, and sub- therein. The court may affirm, modify, or stance abuse authority, if it is adequate to protect reverse the Secretary's order.(1947,c.915; the health and welfare of the prisoners. Upon a 1967,c.581,a.2;1973,c.476,s.138;c.822, determination that the plan is adequate to protect s. 1; 1981,c. 614,as. 20,21; 1983,c. 745,s. the health and welfare of the prisoners, the plan 8; 1987,c.827,s. 1;1987(Reg.Seas.,1988), must be adopted by the governing body. c. 1037, s. 123.) As a part of its plan,each unit may establish fees i J! of not more than ten dollars($10.00)per incident for 1 4 153A-224. Supervision of local confinement the provision of nonemergency medical care to pris- . facilities, oners. In establishing fees pursuant to this section, (a) No person may be confined in a local confine- each unit shall establish a procedure for waiving i j fees for indigent prisoners. ment facility unless custodial personnel are present (b) If a prisoner in a local confinement facility � and available to provide continuous supervision in dies,the medical examiner and the coroner shall be , order that custody will be secure and that,in event ` of emergency,such as fire,illness,assaults by other notified immediately. Within five days after the day r of the death, the administrator of the facility shall ;. j) tcted. These personnel shall supervise prisoners ieoaers, or otherwise, the prisoners can be pro- make a written report to the local or district health director and to the Secretary of Environment, closely enough to maintain safe custody and control k and to be at all times informed of the prisoners' Health,and Natural Resources. The report shall be � general health and emergency medical needs. made on forms developed and distributed by the (b) In a medical emergency,the custodial person- Department of Environment, Health, and Natural ,t nel shall secure emergency medical care from a Resources. licensed physician according to the unit's plan for (c) If a person violates any provision of this sec- medical care.If a physician designated in the plan is lion (including the requirements regarding G.S. I! . not available, the personnel shall secure medical 130-97 and 130-121), he is guilty of a Class 1 services from any licensed physician who is avail- misdemeanor. (1967, c. 581, s. 2; 1973, c. 476, as. ' able. The unit operating the facility shall pay the 128, 138;c.822,s. 1;1973,c. 1140,s.3;1989,c.727, oast of emergency medical services unless the in- s.204; 1991,c. 237,s. 2; 1993 c. 539,s. 1062; 1994, ti ' mate has third-party insurance, in which case the Ex. Seas.,c. 24,a. 14(c); 1995!c. 385,a. 1.) ' third-party insurer shall be the initial payor and the medical provider shall bill the third-party insurer. 1153A-225.1. Duty of custodial personnel The county shall only be liable for costs not reim- when prisoners are unconscious or semicon- bursed by the third-party insurer,in which event the scious. county may recover from the inmate the cost of the non-reimbursed medical services. (a) Whenever a custodial officer of a local confine- (c) If a person violates any provision of this sec- meat facility takes custody of a prisoner who is lion,he is guilty of a Class 1 misdemeanor.(1967,c. unconscious, semiconscious, or otherwise appar- 581,s.2; 1973,c.822,s. 1; 1993,c.510,a. 1;c.539, ently suffering from some disabling condition and s. 1061; 1994,Ex. Sees.,c. 24, s. 14(c).) unable to provide information on the causes of the ; condition, the officer should make a reasonable ef- , t 4 153A 226. Medical care of prisoners. fort to determine if the prisoner is wearing a brace- N let or necklace containing the Medic Alert Founda- (a) Each unit that operates a local confinement lion's emergency alert symbol to indicate that the facility shall develop a plan for providing medical prisoner suffers from diabetes, epilepsy, a cardiac A. care for prisoners in the facility.The plan condition or any other form of illness which would (1) Shall be designed to protect the health and cause a loss of consciousness. If such a symbol is Ij • welfare of the prisoners and to avoid the found indicating that the prisoner suffers from one �- spread of contagious disease; of those conditions,the officer must make a reason- (2) Shall provide for medical supervision of able effort to have appropriate medical care pro- A prisoners and emergency medical care for vided. prisoners to the extent necessary for their (b) Failure of a custodial officer of a local confine- health and welfare; meat facility to make a reasonable effort to discover (3) Shall provide for the detection,examination an emergency alert symbol as required by this ( st and treatment of prisoners who are infected section does not by itself establish negligence of the ' with tuberculosis or venereal diseases. officer but may be considered along with other d Q The unit shall develop the plan in consultation with evidence to determine if the officer took reasonable appropriate local officials and organizations,includ- precautions to ascertain the emergency medical '� ! .• ing the sheriff, the county physician, the local or needs of the prisoner in his custody. jEt cstrict health director,and the local medical society. (c) A prisoner who is provided medical care under The plan must be approved by the local or district the provisions of this section is liable for the reason- health director after consultation with the area able costs of that care unless he is indigent. �! � ProetcLu-►'�-