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Item U6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 18, 2009 Division: County Attorney Bulk Item: Yes X No Department: County Attorney Staff Contact Person/Phone #:Christine Limbert-Barrows AGENDA ITEM WORDING: Approval of a Resolution directing the billing company for Trauma Star to not seek reimbursement from Monroe County or the Monroe County Sheriff's office for the transportation of arrestees via Trauma Star when all other methods of reimbursement have been sought pursuant to F.S. 901.35. ITEM BACKGROUND: In certain medical emergency situations, arrestees and inmates of the MOilloe County Detention Center may require transportation via Trauma Star. When medical expenses are incUlTed, Sec. 901.35, Florida Statutes, sets forth the financial responsibility and reimbursement methods for medical expenses inculTed by alTestees. When other methods of reimbursement are not available, the statute provides for the costs to be paid from the general fund of the county in which the person was alTested. Since the transportation services are already funded from the County's general fund, it is a misuse of staff time and resources to transfer funds from one account to another. In order to avoid the unnecessary practice of billing the county, staff request that the Board pass this Resolution, which directs the billing company to not bill MOilloe County or the Sheriff' office in such circumstances. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/ AGREE:MENT CHANGES: None ST AFF RECOMl\1ENDA TIONS: Approval TOT AL COST: N/ A INDIRECT COST: N/ A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No APPROVED BY: County Attr1f AMOUNT PER MONTH_ Year OMBlPurchasing _ Risk Management _ DOCU:MENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 RESOLUTION NO. -2009 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING THE BILLING COMPANY FOR TRAUMA STAR TO NOT BILL THE MONROE COUNTY SHERIFF'S OFFICE OR MONROE COUNTY FOR TRANPORTATION OF ARRESTEES CHARGED WITH A VIOLATION OF A STATE OR COUNTY ORDINANCE WHEN ALL OTHER METHODS OF REIMBURSEMENT HAVE BEEN SOUGHT PURSUANT TO F.S. 901.35 WHEREAS, Monroe County and the Monroe County Sheriff's office operate a rapid- transport air ambulance to provide air transportation of trauma, critically injured and ill patients, herein after called "Trauma Star", which is funded by the residents of Monroe County, Florida; and WHEREAS, in medical emergency situations, inmates of the Monroe County Detention Center may require transportation via Trauma Star; and WHEREAS, Monroe County contracts with a billing company to provide billing services for Trauma Star services; and WHEREAS, Section 901.35, Florida Statutes, sets forth the financial responsibility for the medical expenses incurred in providing medical care including transportation; and WHEREAS, F.S. 901.35(2), states that when reimbursement sources as set forth in the statute are not available; the costs of medical care, including transportation shall be paid from the general fund of the county in which the person was arrested when the arrest was for a violation of state law or county ordinance; and WHEREAS, in compliance with F.S. 901.35, the County is both charging and being billed for transportation services it provides via Trauma Star; and WHEREAS, the billing company for Trauma Star is billing and seeking reimbursement from the Momoe County Sheriff's Office for transportation services which are already funded from county-wide tax dollars, which is a misuse of time and resources; and WHEREAS, in order to avoid the arbitrary practice of transferring funds from one fund to another; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Momoe County: 1 1. Monroe County Board of County Commissioners hereby directs the billing company for Trauma Star to not bill Monroe County Sheriff's Office or Monroe County for transportation services rendered via Trauma Star to arrestees, which are arrested for a violation of a state law or county ordinance, when all other reimbursement sources have been sought since the transportation services are already funded by Monroe County and to bill for such services would be a misuse of time and resources. PASSED AND ADOPTED by the Board of County Commissioners of Momoe County, Florida, at a meeting of said Board held on the day of ,2009. Mayor George Neugent Mayor Pro Tern Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk . Mayor/Chairperson MONROE COUNTY ATTORNEY ~PPRO:VED AS TO FORM: 2 The 2009 Florida Statutes Title XLVII Chapter 901 View Entire Chapter CRIMINAL PROCEDURE AND CORRECTIONS ARRESTS 901.35 Financial responsibility for medical expenses.-- (1) Notwithstanding any other provision of law, the responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill, wounded, or otherwise injured during or at the time of arrest for any violation of a state law or a county or municipal ordinance is the responsibility of the person receiving such care, treatment, hospitalization, and transportation. The provider of such services shall seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization, and transportation from the following sources in the following order: (a) From an insurance company, health care corporation, or other source, if the prisoner is covered by an insurance policy or subscribes to a health care corporation or other source for those expenses. (b) From the person receiving the medical care, treatment, hospitalization, or transportation. (c) From a financial settlement for the medical care, treatment, hospitalization, or transportation payable or accruing to the injured party. (2) Upon a showing that reimbursement from the sources listed in subsection (1) is not available, the costs of medical care, treatment, hospitalization, and transportation shall be paid: (a) From the general fund of the county in which the person was arrested, if the arrest was for violation of a state law or county ordinance; or (b) From the municipal general fund, if the arrest was for violation of a municipal ordinance. The responsibility for payment of such medical costs shall exist until such time as an arrested person is released from the custody of the arresting agency. (3) An arrested person who has health insurance, subscribes to a health care corporation, or receives health care benefits from any other source shall assign such benefits to the health care provider. Hlstory.--s. 1, ch. 83-189; s. 17, ch. 90-211.