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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3294 By: Humphrey
AS INTRODUCED
An Act relating to prisons and reformatories;
amending 57 O.S. 2021, Section 38, which relates to
county jail reimbursement rates; deleting daily
reimbursement rate and related guidelines; directing
the Department of Corrections to reimburse counties
in accordance with certai n matrix; directing counties
to submit additional costs to the Department;
authorizing the Department and counties to enter into
per diem reimbursement agree ments; deleting certain
implementation provision; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 57 O.S. 2021, Sec tion 38, is
amended to read as follows:
Section 38. A. The Department of Corrections shall reimburse
any county which is required to retain an inmate pursuant to
subsection E of Section 37 of this title in an amount not to exceed
Twenty-seven Dollars ($27.00) per day for each inmate during such
period of retention, unless the actual daily cost as determined by
the Department of Corrections Daily Rate as defined in this section,
exceeds Twenty-seven Dollars ($27.00). If the actual daily cos t as
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determined by the Department of Corrections Daily Rate exceeds
Twenty-seven Dollars ($27.00), the county shall notify the
Department of Corrections of the actual daily cost no later than
September 30. If the county 's actual daily cost is accepted by the
Department that shall be the reimbursement rate for the county
beginning the next fiscal year. If the Department rejects the
county's actual daily cost application, then the actual daily cost
reimbursement shall be determined by the State Auditor and shall be
imposed beginning the next fiscal year accordance with the mi nimum
reimbursement matrix. If the county incur s additional costs by
providing required services, as determined b y the Department, the
county shall submit the additional costs to the Department for
consideration and reimbursement, if approved. The Department and
any county may enter into a per diem rate reimbursement ag reement if
the Department and county determine that the minimum reimbursement
matrix does not proper ly apply.
B. The Department shall distribute the reimbursement on a
monthly basis upon receipt and approval of a billing statement from
the county. The county shall use the reimbursement to defray
expenses of equipping and maintaining the jail and payment of
personnel. The provisions in this act shall be implemented by the
Department to allow sufficient time for application to FY -2019. The
Department of Corrections shall reimburse the county for the
emergency medical care for physical injury or illness of the inmate
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retained under this act if the injury or illness is directly related
to the incarceration and the county is required by law to provide
such care for inmates in the jail. The Department shall not pay
fees for medical care in excess of the rates established for
Medicaid providers. The state shall not be liable for medical
charges in excess of the Medicaid scheduled rate. The Director may
accept any inmate required to have extended medical care upon
application of the county.
SECTION 2. This act shall become e ffective November 1, 2022.
58-2-9458 GRS 01/06/22