February 3, 2010, Introduced by Senators BRATER, GLEASON, SCOTT and JACOBS and referred to the Committee on Appropriations.
A bill to amend 1846 RS 171, entitled
"Of county jails and the regulation thereof,"
by amending section 4 (MCL 801.4), as amended by 2006 PA 20.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
4. (1) Except as provided in subsection (2) this section
and sections 5 and 5a, all charges and expenses of safekeeping and
maintaining prisoners and persons charged with an offense, shall be
paid
from the county treasury, after the accounts therefor being
first
for those charges and
expenses are settled
and allowed by the
county board of commissioners.
(2) If medical care or treatment is provided to an individual
described in subsection (1), the health care provider shall make a
reasonable effort to determine whether that individual is covered
by a health care policy, a certificate of insurance, or other
source for the payment of medical expenses. If the county sheriff
who has custody over the individual is aware that the individual is
covered by any health care policy, certificate of insurance, or
other source of payment, the sheriff shall provide that information
to the health care provider. If the health care provider determines
that the individual, at the time of admission or treatment, is a
medicaid recipient or a beneficiary of any health care policy,
certificate of insurance, or other source for the payment of some
or all of those expenses, the health care provider shall first seek
reimbursement from that source, subject to the terms and conditions
of the applicable health care policy, certificate of insurance, or
medicaid contract, before submitting those expenses to the county.
When submitting an invoice to the county for the payment of medical
expenses under this section, a health care provider shall provide a
statement that the health care provider has made a reasonable
effort to determine whether the individual was covered by a health
care policy, certificate of insurance, or other source for the
payment of medical expenses. A county may enter into agreements
with health care providers to establish procedures for the
submission of invoices for medical expenses under this section and
the payment of those invoices.
(3) If a county incurs expenses under subsection (1) for
mental health services provided through a community mental health
services program to prisoners or persons charged with offenses, and
if those expenses are not reimbursed under subsection (2), the
community mental health services program shall reimburse the county
for those expenses.
(4) Notwithstanding the ability of a community mental health
program to obtain reimbursement for providing mental health
services from either the prisoner, the person charged, a third
party, or any combination of those, the financial liability for
providing mental health services is the responsibility of the
community mental health program providing the mental health
services within the county.