17-50-319 - County charges enumerated.
17-50-319. County charges enumerated.
(1) County charges are:
(a) those incurred against the county by any law;
(b) the necessary expenses of the county attorney or district attorney incurred in criminalcases arising in the county, and all other expenses necessarily incurred by the county or districtattorney in the prosecution of criminal cases, except jury and witness fees;
(c) the medical needs and other expenses necessarily incurred in the support of personscharged with or convicted of a criminal offense and committed to the county jail, except asprovided in Subsection (2);
(d) for a county not within the state district court administrative system, the sum requiredby law to be paid jurors in civil cases;
(e) all charges and accounts for services rendered by any justice court judge for servicesin the trial and examination of persons charged with a criminal offense not otherwise providedfor by law;
(f) the contingent expenses necessarily incurred for the use and benefit of the county;
(g) every other sum directed by law to be raised for any county purposes under thedirection of the county legislative body or declared a county charge;
(h) the fees of constables for services rendered in criminal cases;
(i) the necessary expenses of the sheriff and deputies incurred in civil and criminal casesarising in the county, and all other expenses necessarily incurred by the sheriff and deputies inperforming the duties imposed upon them by law;
(j) the sums required by law to be paid by the county to jurors and witnesses serving atinquests and in criminal cases in justice courts; and
(k) subject to Subsection (2), expenses incurred by a health care facility or provider inproviding medical services, treatment, hospitalization, or related transportation, at the request ofa county sheriff for:
(i) persons booked into a county jail on a charge of a criminal offense; or
(ii) persons convicted of a criminal offense and committed to a county jail.
(2) (a) Expenses described in Subsections (1)(c) and (1)(k) are a charge to the countyonly to the extent that they exceed any private insurance in effect that covers those expenses.
(b) Subject to the priorities for payment under Subsection 64-13-30(1), the county maycollect costs of medical care, treatment, hospitalization, and related transportation provided to theperson described in Subsection (1)(k) who has the resources or the ability to pay.
(c) A county may seek reimbursement from a person described in Subsection (1)(k) forexpenses incurred by the county in behalf of the inmate for medical care, treatment,hospitalization, or related transportation by:
(i) deducting the cost from the inmate's cash account on deposit with the detentionfacility during the inmate's incarceration or during a subsequent incarceration if the subsequentincarceration occurs within the same county and the incarceration is within three years of the dateof the expense in behalf of the inmate; or
(ii) placing a lien for the amount of the expense against the inmate's personal propertyheld by the jail.
(d) An inmate who receives medical care, treatment, hospitalization, or relatedtransportation shall cooperate with the jail facility seeking payment or reimbursement under thissection for the inmate's expenses.
(e) If there is no contract between a county jail and a health care facility or provider thatestablishes a fee schedule for medical services rendered, expenses under Subsection (1)(k) shallbe commensurate with:
(i) for a health care facility, the current noncapitated state Medicaid rates; and
(ii) for a health care provider, 65% of the amount that would be paid to the health careprovider:
(A) under the Public Employees' Benefit and Insurance Program, created in Section49-20-103; and
(B) if the person receiving the medical service were a covered employee under the PublicEmployees' Benefit and Insurance Program.
(f) Subsection (1)(k) does not apply to expenses of a person held at the jail at the requestof an agency of the United States.
(g) A county that receives information from the Public Employees' Benefit and InsuranceProgram to enable the county to calculate the amount to be paid to a health care provider underSubsection (2)(e)(ii) shall keep that information confidential.
Amended by Chapter 366, 2010 General Session