HomeMy WebLinkAboutRES-1994-026 Resolution on hospitals seeking charges from inmates and their families � 5-199 (P
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NORTH CAROLINA
RESOLUTION
ORANGE COUNTY
WHEREAS, North Carolina General Statutes S 153A-225 requires
counties operating local confinement facilities (jails) to
develop a plan for providing medical care for prisoners in the
facility which plan must include providing medical supervision of
prisoners and emergency medical care for prisoners to the extent
necessary for their health and welfare; and
WHEREAS, North Carolina General Statutes S 153A-224 requires
the local confinement facility custodial personnel to secure
emergency medical care 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 Carolina General Statutes S 153A-224 states
that the unit of government operating the local confinement
facility shall pay the cost of emergency medical services
provided under that statute; and
WHEREAS, North Carolina General Statutes 5 153A-224 states
that any person who violates any provision of that statute is
guilty of a misdemeanor; and
WHEREAS, the North Carolina Court of Appeals in a case
affirmed by the North Carolina Supreme Court, UNC v. Hill and
Alamance County, 96 N.C.App. 673, 386 S.E.2d 755, aff'd per
curiam, 327 N.C. 465, 396 S.E.2d 323 (1990) , held that the above
stated statutes taken together require that a county provide
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emergency medical services to prisoners incarcerated in the
county's jail and to pay for such services . That court decision
further makes clear that a county operating a local confinement
facility cannot avoid the statutory obligations set forth above
by releasing from its custody prisoners in need of emergency
care; and
WHEREAS, 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 pay the emergency medical care expenses of a
prisoner not incarcerated in the county jail when the prisoner is
otherwise in the lawful custody of the sheriff of the county; and
WHEREAS, 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 hospitalized and treated at
North Carolina Memorial Hospital at a cost of over $25,000 to
Orange County; and
WHEREAS, Article XI, Section 4 of the North Carolina
Constitution, as interpreted by the North Carolina Supreme Court,
places the responsibility on the State of North Carolina to pay
for hospital care to its indigent residents; and
WHEREAS, 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
WHEREAS, the North Carolina Legislature has imposed the duty
and burden on counties to provide emergency medical care to
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 is in custody or
incarcerated; and
WHEREAS, the Board of County Commissioners of Orange County
regards the present prisoner medical care statutory requirements,
which essentially make counties insurers of prisoners in their
jails and in the custody of their sheriff's, unreasonable and an
example of an unfunded State mandate.
NOW, THEREFORE, BE IT RESOLVED that the Board of County
Commissioners of Orange County requests that the North Carolina
Association of County Commissioners 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 the sheriff providing:
1. 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 pursuing reimbursement for medical expenses
against the State and the 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 felony 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 motion of Commissioner GORDON , seconded by
Commissioner HALKIOTIS , the foregoing Resolution was adopted
this the 28TH day of JUNE , 1994 .
Ayes CHAIR MOSES CAREY, JR. , AND COMMISSIONERS ALICE GORDON, STEPHEN
HALKIOTIS, VERLA C. INSKO AND DON WILLHOIT
Noes NONE
I, Beverly Blythe, Clerk to the Board of Commissioners for
the County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on JUNE 28, 1994 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. 28 of the minutes of said Board.
WITNESS my hand and the seal of said County, this 11TH day
of JULY , 1994
Clerk to Board of Cozpfiissioners
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