HomeMy WebLinkAboutResolutions - 1994.07.14 - 24099MISC. RES. #94215 July 14, 1994
BY: GENERAL GOVERNMENT-DONALD JENSEN, CHAIR
RE: SUPPORT LEGISLATION TO ALLOW COUNTY TO SEEK REIMBURSEMENT OF
PRISONER MEDICAL EXPENSES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
CHAIRMAN, LADIES AND GENTLEMEN
WHEREAS, MCLA 801.4, 801.4a, 801.5, and 801.51 provides for
the county to pay for medical expenses for prisoners, and allows
counties to seek reimbursement for such expenses from the
prisoner and from insurers, and
WHEREAS, current case law has consistently interpreted these
statutes as requiring the county to pay for medical costs on
behalf of prisoners from the time of arrest, and
WHEREAS, this interpretation unfairly requires the county to
pay for medical expenses which resulted from injury while the
prisoner was under the custody of a municipal, township or state
police department, prior to the time of arraignment, and
WHEREAS, it is inequitable to require that one governmental
entity incur medical expenses which ensued as a result of the
actions taken by another governmental entity, and
WHEREAS, MCLA 801.5a(1) presently provides:
(1) The county board of commissioners may seek reimbursement
for expenses incurred in providing medical care and
treatment pursuant to Section 4 to 5. If a county
board of commissioners seeks reimbursement pursuant to
this section, reimbursement shall be sought only in the
following order:
(a) From the prisoner or person charged.
(b) From insurance companies, health care corporations,
or other sources if the prisoner or person
charged is covered by an insurance policy, a
certificate issued by a health care
corporation, or other source for those
expenses.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners does hereby request and support an amendment to
MCLA 801.5a(1)as follows:
(C) From the State of Michigan or one of its
political subdivisions if the prisoner had been in the
custody of a state officer or an officer of a political
subdivision when the prisoner was injured or otherwise
required medical treatment.
BE IT FURTHER RESOLVED that the County Clerk/Register be
directed to send certified copies of this resolution to all
Oakland County Legislators, Michigan Association of Counties, and
the Oakland County Sheriff and Oakland County legislative liaison
personnel.
Chairman, on behalf of the General Government Committee, I
move the adoption of the foregoing resolution.
GENERAL GOVRRNMENT COMMITTEE
In Testimony Whereof, I have hereunto set my hand and aff„ixed the seal of the
County of Oakland at Pontiac, Michigan this 14th day of
. Allen, County Clerk
Resolution #94215 July 14, 1994
Moved by Jensen supported by Taub the resolution be adopted.
AYES: Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson,
Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub,
Wolf, Crake, Dingeldey, Douglas, Garfield, Gosling. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
D.C3 rOT REQUIPE
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on July 14, 1994 with the original record
thereof now remaining in my office.