39 | 45 | | |
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40 | 46 | | An Act relating to county jails; amending 57 O.S. |
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41 | 47 | | 2021, Section 38, which relates to county jail |
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42 | 48 | | reimbursement rates; increasing amount of |
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43 | 49 | | reimbursement rate; deleting obsolete implementation |
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44 | 50 | | requirement; and providing an effective date. |
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45 | 51 | | |
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46 | 52 | | |
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47 | 53 | | |
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48 | 54 | | |
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49 | 55 | | |
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50 | 56 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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51 | 57 | | SECTION 1. AMENDATORY 57 O.S. 2021, Section 38, is |
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52 | 58 | | amended to read as follows: |
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53 | 59 | | Section 38. The Department of Corrections shall reimburse any |
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54 | 60 | | county which is required to retain an inmate pursuant to subsection |
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55 | 61 | | E of Section 37 of this title in an amount not to exceed Twenty- |
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56 | | - | seven Dollars ($27.00) Thirty-two Dollars ($32.00) per day for each |
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57 | | - | inmate during such period of retention, unless the actual daily cost |
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58 | | - | as determined by the Department of Corrections Daily Rate as defined |
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59 | | - | in this section, exceeds Twenty-seven Dollars ($27.00) Thirty-two |
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60 | | - | Dollars ($32.00). If the actual daily cost as determined by the |
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61 | | - | Department of Corrections Daily Rate exceeds Twenty-seven Dollars |
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62 | | - | ($27.00) Thirty-two Dollars ($32.00), the county shall notify the |
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| 62 | + | seven Dollars ($27.00) Twenty-eight Dollars ($28.00) per day for |
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| 63 | + | each inmate during such period of retention, unless the actual daily |
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| 64 | + | cost as determined by the Department of Corrections Daily Rate as |
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| 65 | + | defined in this section, exceeds Twenty-seven Dollars ($27.00) |
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| 66 | + | Twenty-eight Dollars ($28.00). If the actual daily cost as |
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89 | | - | Department of Corrections of the actual daily cost no later than |
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90 | | - | September 30. If the county's actual daily cost is accepted by the |
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91 | | - | Department that shall be the reimbursement rate for the county |
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92 | | - | beginning the next fiscal year. If the Department rejec ts the |
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93 | | - | county's actual daily cost application, then the actual daily cost |
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94 | | - | reimbursement shall be determined b y the State Auditor and shall be |
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95 | | - | imposed beginning the next fiscal year. Provided, however, the |
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96 | | - | amounts described in th is section shall be subject to an annual |
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97 | | - | three percent (3%) increase to adjust for inflation. The Department |
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98 | | - | shall distribute the reimb ursement on a monthly basis upon receipt |
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99 | | - | and approval of a billing statement from the county. The county |
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100 | | - | shall use the reimbursement to defray expen ses of equipping and |
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101 | | - | maintaining the jail and payment of personnel. The provisions in |
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102 | | - | this act shall be im plemented by the Department to allow sufficient |
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103 | | - | time for application to FY -2019. The Department of Corrections |
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104 | | - | shall reimburse the county for the em ergency medical care for |
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105 | | - | physical injury or illness of the inmate retained under this act if |
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106 | | - | the injury or illness is directly related to the incarceration and |
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107 | | - | the county is required by law to provide such care for inmates in |
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108 | | - | the jail. The Department shal l not pay fees for medical care in |
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109 | | - | excess of the rates established for Medicaid providers. The state |
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110 | | - | shall not be liable for medical charges in excess of the Medicaid |
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111 | | - | scheduled rate. The Director may accept any inmate require d to have |
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112 | | - | extended medical care upon application of the county. |
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| 95 | + | determined by the Department of Corrections Daily Rate exceeds |
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| 96 | + | Twenty-seven Dollars ($27.00) Twenty-eight Dollars ($28.00) , the |
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| 97 | + | county shall notify the Department of Corrections of the actual |
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| 98 | + | daily cost no later than September 30. If t he county's actual daily |
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| 99 | + | cost is accepted by the Department that shall be the reimbursement |
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| 100 | + | rate for the county beginning the next fiscal year. If the |
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| 101 | + | Department rejects the county's actual daily cost application, then |
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| 102 | + | the actual daily cost reimbursement shall be determined by the St ate |
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| 103 | + | Auditor and shall be imposed beginning the next fiscal year. The |
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| 104 | + | Department shall distribute the reimbursement on a monthly basis |
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| 105 | + | upon receipt and approval of a billing statement from the county. |
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| 106 | + | The county shall use the reimbursement to defray expen ses of |
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| 107 | + | equipping and maintaining the jail and payment of personnel. The |
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| 108 | + | provisions in this act shall be implemented by the Department to |
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| 109 | + | allow sufficient time for application to FY -2019. The Department of |
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| 110 | + | Corrections shall re imburse the county for the em ergency medical |
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| 111 | + | care for physical injury or illness of the inmate retained under |
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| 112 | + | this act if the injury or illness is directly related to t he |
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| 113 | + | incarceration and the county is required by law to provide such care |
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| 114 | + | for inmates in the jail. The Department shal l not pay fees for |
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| 115 | + | medical care in excess of the rates established for Medicaid |
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| 116 | + | providers. The state shall not be liable for medical charg es in |
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| 117 | + | excess of the Medicaid scheduled rate. The Director may accept any |
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