HomeMy WebLinkAboutAgenda - 06-28-1994 - V-A 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No VLA
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 28, 1994
SUBJECT: Resolution on Hospitals Seeking Charges from Inmates and
Their Families
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DEPARTMENT County Attorney PUBLIC HEARING YES NO X
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ATTACHMENT(S) INFORMATION CONTACT
Resolution Geof Gledhill, 732-2196
TELEPHONE NUMBER
Hillsborough 732-8181
Chapel Hill 968-4501
Mebane 227-2031
Durham 688-7331
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PURPOSE: To consider a resolution requesting that the North Carolina
Association of County Commissioners (NCACC) support legislative
reconsideration of State statutes that make county governments
responsible for all emergency medical costs for treatment of jail
inmates.
BACKGROUND: Recently, Orange County incurred a hospital bill of almost
$25,000 for medical treatment of an inmate who injured herself during
an escape attempt. The attached resolution seeks legislative changes
that would provide for the State sharing the costs of inmate emergency
medical treatment, would require emergency medical providers to make
reasonable attempts to recoup costs from the person receiving the care,
and would make inmates responsible for reimbursing counties for medical
costs brought about by their own actions.
RECOMMENDATION: The Manager recommends that the Board adopt the
resolution.
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FORTH CAROLINA
RESOLUTION
ORANGE COUNTY
WBERBAS, North Carolina General Statutes S 153A-225 requires
s
counties operating local confinement facilities (jails) to
develop a plan for providing medical care for prisoners in the
facility which plan mmst include providing medical supervision of
prisoners and emergency medical care for prisoners to the extent
necessary for their hipalth and welfare; and
WHEREAS, North Carolina General Statutes S 153A-224 requires
the local confinement facility custodial personnel to secure
emergency medical carp from a licensed physician, according to
the plan for medical Care, and if that physician is unavailable,
the confinement facility custodial personnel must secure medical
services from any licensed physician who is available; and
WHEREAS, North C*rolina General Statutes S 153A-224 states
that the unit of government operating the local confinement
facility shall pay th6 cost of urgency medical services
provided under that statute= and
WHERE W, North CA: =lina General Statutes S 153A-224 states
that any person who violates any provision of that statute is
guilty of a misdemeanir= and
WHZRWL3, the North Carolina Court of Appeals in a case
affirmed by the North; Carolina Supreme Court, WE v. UL11 and
Alamance County, 96 N;C.App. 673, 386 S.E.2d 755, aff'd per
curiam, 327 N.C. 465, 396 S.R.2d 323 (1990) , held that the above
stated statutes takentogether require that a county provide
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emergency medical services to prisoners incarcerated in the
county's jail amd to pay for such services. That court decision
further makes clear t4at a county operating a local confinement
facility cannot avoidthe statutory obligations not forth above
by releasing froe itseustody prisoners in need of emergency
care; and
WHERSAS, the North Carolina Supreme Court, in the case of
Spicer V. Williamson, 191 N.C. 487, 132 S.E.2d 291 (1926) , has
held that the predecessors to the statutes cited above extend the
duty of a county to pap the emergency medical care expenses of a
prisoner not incarcerated in the county jail when the prisoner is
otherwise in the lawf" custody of the sheriff of the county; and
WHSRRAS, recently a pretrial detainee in the lawful custody
of the Orange County Sheriff and being held in the Orange County
jail attempted to escape prior to a court appearance by jumping
out of a courthouse window which attempted escape resulted in
serious injury requiring her to be hospitalised and treated at
North Carolina Xsmorial Hospital at a cost of over $25,000 -to
Orange County; and
WHSASAS, Article' %I, Section 4 of the North Carolina
Constitution, as intoipreted by the North Carolina Supreme Court,
places the responsibi;ity on the State of Forth Carolina to pay
for hospital care to its indigent residents; and
WHRRM# the North Carolina Legislature has mandated that a
county is directly responsible for the emergency medical care of
Prisoners in the lawful custody of the county sheriff or
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incarcerated in the county jail regardless of the circumstances
surrounding the need for emergency medical care and without
obligation on the part of the medical provider to seek
reimbursement for emergency medical care expenses from the person
receiving the care; and
WHERFM, the North Carolina Legislature has imposed the duty
and burden on counties to provide emergency medical care to
t
prisoners in the lawful custody of the county sheriff or
incarcerated in the county Jail without regard to whether the
Prisoner is indigent or without regard to whether the prisoner is
a resident of the county wherein he or she in in custody or
incarcerated; and
WBBRKAS, the Boa=d of County Commissioners of Orange County
regards the present prisoner medical care statutory requirements,
which essentially mak$ counties insurers of prisoners in their
jails and in the custody of their sheriff's, unreasonable and an
example of an unfunded States mandate.
Mm, TRBRRFORS, iS IT RESOLVED that the Board of County
Comissioners of Oran4e County requests that the North Carolina
Association of County;Comissioners support legislative
reconsideration of the responsibility imposed by law on counties
to pay for, in all cases, the emergency medical expenses of
prisoners confined in''the county jails and prisoners in the
lawful custody of thesheriff providings
I.
cost sharing for these expenses with the State of North
Carolina;
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2. that the emergency medical provider exhaust reasonable
collection efforts against the person receiving the emergency
medical care before ptrsuing reimbursement for medical expenses
against the State andithe counties;
3. that those prisoners in county jails or otherwise in
the lawful custody of county sheriffs, who by their actions are
responsible for their medical emergency, be required to reimburse
counties and the State of North Carolina for emergency medical
expenses incurred by each;
4. that such medical expenses be paid by any such prisoner
convicted of a feiony�or a misdemeanor as restitution in all
cases and as a condition of any probationary sentence imposed on
the prisoner or early;prison release of the prisoner.
Upon action of Csimissioner , seconded by
Commissioner , the foregoing Resolution was adopted
this the day of lg_•
Ayes
Noes ---
I, Beverly Blythe, Clerk to the Board of Comissioners for
the County of Orange, 'North Carolina, DO AERRET CERTIFY that the
foregoing is a true cdpy of so much of the proceedings of said
Board at a meeting held on as relates in any way
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to the adoption of the foregoing and that said proceedings are
recorded in minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this day
of , 19
Clerk to the Board of Comm sszoners
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TOTAL P.06