AN ACT TO IMPROVE DATA COLLECTION AND COST RECOVERY PRACTICES FOR HEALTH CARE SERVICES FOR SAFEKEEPERS, AS RECOMMENDED BY THE JOINT LEGISLATIVE PROGRAM EVALUATION COMMITTEE. SL 2019-171. Enacted July 26, 2019. Effective October 1, 2019.
Bill Summaries: H108 (2019-2020 Session)
Tracking:
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Bill H 108 (2019-2020)Summary date: Jul 29 2019 - View summary
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Bill H 108 (2019-2020)Summary date: Jul 10 2019 - View summary
Senate amendment makes the following changes to the 4th edition.
Adds to the proposed changes to GS 162-39(d), concerning prisoners transferred to the Division of Adult Correction and Juvenile Justice (Division) for safety and security reasons. Adds to the assessment procedures set forth. Requires a judge determining that a prisoner should remain in the Division's custody to renew the transfer order and include a date certain for review by the court. Requires the Division to conduct a reassessment of treatment and venue needs and the sheriff to provide the reassessment and any relevant information to the court prior to the date of review. Provides for the release of the prisoner as previously provided if the judge determines that the prisoner should not remain in the Division's custody.
Changes the effective date of the act from July 1, 2019, to October 1, 2019, and specifies that the act applies to prisoners transferred on or after that date.
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Bill H 108 (2019-2020)Summary date: Apr 29 2019 - View summary
House committee substitute makes the following changes to the 3rd edition.
Amends proposed GS 148-19.3 to eliminate the requirement that the county sheriff be notified by the Department of Health and Human Services (DHHS) of the potential Medicaid eligibility of county prisoners housed in the State prison system under safekeeping orders who receive health care services outside the prison. Specifies that the requirement for health care providers to submit to the Inmate Medical Costs Management Plan all charges that are the responsibility of the transferring county for health care services provided to prisoners held under a safekeeping order applies to prisoners held under a safekeeping order pursuant to GS 162-39, as amended (previously did not include a statutory reference). Changes the proposed statute's title.
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Bill H 108 (2019-2020)Summary date: Apr 10 2019 - View summary
House committee substitute makes the following changes to the 2nd edition.
Amends GS 162-39 by deleting the proposed language that required the Department of Revenue to immediately pursue collection from the county of unpaid fees for services rendered under the statute that have remained unpaid for 120 or more days.
Amends proposed GS 148-19.3 to require, for county prisoners housed in the State prison system under safekeeping orders who receive health care services outside the prison, that the county sheriff be notified of the potential Medicaid eligibility of the safekeeper given data available to the Department of Public Safety instead of requiring the Department to determine the appropriateness of submitting a Medicaid application on behalf of the prisoner and submit the application when appropriate.
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Bill H 108 (2019-2020)Summary date: Mar 25 2019 - View summary
House committee substitute makes the following changes to the 1st edition.
Modifies and adds to the proposed changes to GS 162-39 concerning the transfer of county jail prisoners for safety and security. Now, limits a safekeeping order transferring a prisoner to a unit of the State prison system to an initial period not to exceed thirty days (previously proposed fifteen days). Makes conforming changes. Adds that the Division of Adult Correction and Juvenile Justice (Division) must conduct an assessment of treatment and venue needs prior to the conclusion of the thirty-day period (previously, required a sheriff seeking to extend the order beyond the initial period to request the Division to conduct an assessment of treatment and venue needs). Now requires a sheriff seeking to extend the order beyond the initial period to provide the Division's assessment and any other relevant information to the appropriate judge to determine whether to extend the transfer beyond the initial thirty-day period.
Prohibits the Secretary of the Department of Public Safety (DPS) from refusing to accept a safekeeper because the county failed to pay DPS for services rendered pursuant to the statute (previously, prohibited the DPS Secretary from accepting a safekeeper for medical or mental health treatment from a county that has failed to pay DPS for services rendered pursuant to the statute for 120 days or more or if the county does not participate in the Statewide Misdemeanant Confinement Program by receiving misdemeanants for housing). Adds a new requirement for the Department of Revenue to immediately pursue collection from a county of unpaid fees for services rendered pursuant to the statute that have remained unpaid for 120 days or more.
Makes a county liable to the State for an additional per day, per inmate rate not exceeding $20 per day for each day a sheriff fails to assume custody of a county prisoner from a State prison facility after ten days (was, after five days) of receiving notification and request for transfer from DPS pursuant to new GS 149-19.3(a) (in addition to the actual transport and maintenance costs per day, per inmate). Adds a qualification to the proposed liability, excepting instances where the sheriff has obtained an extension of the order because the inmate cannot be safely housed in the local jail.
Amends proposed GS 148-19.3 to now require DPS to determine the appropriateness of submitting a Medicaid application, and to submit an application where appropriate, on behalf of county prisoners housed in the State prison system pursuant to safekeeping orders who receive health care services outside the prison (previously, required DPS to determine Medicaid eligibility for reimbursement of qualifying health care services and ensure proper application submission; did not specify that the county prisoners must receive health care services outside the State prison to have DPS review Medicaid eligibility). Further, now requires health care providers to invoice the Inmate Medical Costs Management Plan through the Sheriffs' Association for services provided to prisoners held under a safekeeping order.
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Bill H 108 (2019-2020)Summary date: Feb 19 2019 - View summary
Amends GS 162-39 concerning the transfer of county jail prisoners for safety and security.
Adds new requirement for the Department of Public Safety (DPS), Health Services Section (HSS), to maintain records of prisoners transferred to a State prison from a county jail pursuant to the statute, utilizing unique identifiers for each transfer and recording data as specified. Modifies the county’s current duty to reimburse the state for transferred prisoners for the cost of maintaining the prisoner and the cost of extraordinary medical care incurred while in the Division of Adult Correction and Juvenile Justice (Division) custody, to now require the county to pay the Division for the costs of maintaining the prisoner and the costs of medical care (was, extraordinary medical care) incurred while in the Division’s custody. Adds to the defined costs for State reimbursement to include (1) transportation and custody costs associated with the transfer of prisoners receiving health care outside of the prison facility and (2) cost of sick call encounters at the rate charged to State prison inmates. Adds that the county must reimburse the State for services provided to transferred prisoners at the mileage reimbursement rate and hourly custody rate that are reimbursed by the Statewide Misdemeanant Confinement Program.
Limits a safekeeping order transferring a prisoner to a unit of the State prison system to an initial period not to exceed fifteen days (currently, there is no such limitation). Adds that a sheriff seeking to extend the order beyond the initial fifteen-day period must request the Division to conduct an assessment of treatment and venue needs, to be conducted as specified, and provide the assessment to the court to determine whether to extend the transfer beyond the initial period. Makes conforming changes.
Prohibits the DPS Secretary from accepting a safekeeper for medical or mental health treatment from a county that: (1) has failed to pay DPS for services rendered pursuant to the statute for 120 days or more or (2) does not participate in the Statewide Misdemeanant Confinement Program by receiving misdemeanants for housing (excluding counties determined to be filled to capacity pursuant to GS 148-32.1(b4)).
Makes a county liable to the State for an additional per day, per inmate rate not exceeding $20 per day for each day a sheriff fails to assume custody of a county prisoner from a State prison facility after five days of receiving notification and request for transfer from DPS pursuant to new GS 149-19.3(a) (in addition to the actual transport and maintenance costs per day, per inmate). Authorizes the HSS chief to waive up to ten days of the additional per day rate if the sheriff provides documentation of extenuating circumstances.
Makes organizational and technical changes. Makes language gender neutral.
Enacts GS 149-19.3, requiring DPS to determine Medicaid eligibility and ensure applications are completed and submitted for county prisoners housed in the State prison system pursuant to safekeeping orders under GS 162-39. Requires documentation and presentation of nonreimbursed charges for health care services to the county for payment pursuant to GS 162-39. Requires DPS to notify the sheriff or the sheriff’s designee by phone or email and request transfer to county custody upon the expiration of the order’s terms and a safety determination. Further requires DPS to annually update the medical services schedule of charges assessed to counties for the provision of health care services to county prisoners housed in the State prison system pursuant to safekeeping orders, considering the actual rate for services provided and the current established Medicaid rates. Directs DPS to assess charges to counties for health care services provided to county prisoners at all State prison facilities. Directs DPS to submit a report on the updated schedule to the specified NCGA Committee on or before December 1, 2019.
Effective July 1, 2019.