PLACEMENT: Consent
TITLE:
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MARTIN COUNTY LOCAL BILL REQUEST- INMATE MEDICAL COSTS
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EXECUTIVE SUMMARY:
executive summary
The Board of County Commissioners is requested to approve adding a potential local bill for the 2025 Legislative Session regarding county jail inmate medical costs. Due to publishing deadlines, the purpose of this item is to publish the proposed bill language. A formal presentation of the bill and accompanying data will be given at a later date.
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DEPARTMENT: Administration
PREPARED BY: Name: Sarah Powers
Title: Legislative Coordinator
REQUESTED BY: Don G. Donaldson, P.E., County Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Counties are mandated to provide health care to inmates and those incarcerated awaiting trial. Inmate healthcare spending has increased exponentially statewide and nationwide, which is putting pressure on county budgets. In the past 16 months, Martin County spent approximately $968,000 on outside-the-jail medical care such as hospitals, physicians, and ambulances to provide care for inmates that cannot be provided by jail medical staff. As a result, the high cost of covering inmate medical expenses has limited Martin County’s ability to provide other critical needs and services for its residents. Therefore, Martin County is seeking ways to contain inmate medical costs.
In Florida, section 945.6041, Florida Statutes, allows the Florida Department of Corrections to limit payments to outside medical providers to 110% of the established Medicare rate. Martin County is proposing a local bill that will reduce county jail medical expenses by extending the state caps to Martin County and setting a standardized reimbursement rate for health care providers that mimics the language already in the Florida Statutes. Compensation would be limited to 110% of the Medicare allowable rate, or 125% of the Medicare allowable rate if the health care provider reported a negative operating margin for the previous year. In 2024, the Florida Legislature passed a local bill, HB 1023 for St. Lucie County, which capped outside medical payments at the same rate Florida law does for the Department of Corrections.
The bill provides the same protection that is currently in place for the Florida Department of Corrections (section 945.6041, Florida Statutes) and St. Lucie County (Local Bill HB 1023 (2024)) and prevents medical providers, who must be used due to proximity to a county correctional facility, from taking advantage of Martin County because of a monopoly on services. Those savings can be applied to other critical areas of need in the county, such as road, water, and sewer improvements.
A bill with similar language to St. Lucie County’s local bill from 2024 is currently being drafted. HB 1023 (2024) for St. Lucie County is attached for reference.
ISSUES:
Staff is requesting the Board approve the potential filing of a local bill to the County’s state legislative program for 2025.
A local law is a form of special law ‘relating to or designed to operate only in, a specifically indicated part of the state … or one that purports to operate within classified territory when classification is not permissible, or the classification adopted is illegal.” Art. X., s. 12(g), Fla. Const. Local bills generally are proposed in the following circumstances:
• A local government is limited in its authority to accomplish a specific goal and must ask the Legislature for a special act;
• An area wished to be exempt from a general law; or
• The Legislature has retained authority to decide the local issue by special act (e.g., municipal incorporation and creation of independent special districts).
The local legislative delegation has the discretion of whether to hear the issue being proposed for a local bill. If the local delegation agrees, the proposed local bill is considered at a public hearing of the delegation. Although the public hearing is not required by law, Florida House policy requires all proposed local bills to be heard by the local legislative delegation at a public hearing in the area that would be subject to the legislative. Once an issue has been discussed and the intent of the bill is clear, the legislative delegation votes on whether to support the proposed bill.
A local legislative delegation’s rules govern the requirements for approval of a local bill for introduction. Usually, a majority of the legislative delegation must approve the proposed local bill for introduction; however, a delegation’s rules may require unanimous approval.
If the local legislative delegation agrees to support the issue and introduce the local bill, the legislative delegation or the local entity requesting the local bill, is responsible for placing a legal advertisement in a newspaper of general circulation and ensuring proper notice. A legal advertisement of the proposed bill must be placed in a newspaper of general circulation at least 30 days prior to introduction of the local bill in the House or Senate.
LEGAL SUFFICIENCY REVIEW:
To the extent this item contains legal issues it has been reviewed for legal sufficiency, though it is primarily a matter of Board policy.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board approve moving forward with publishing the proposed local bill and then ask that staff return to the Board with a formal presentation before the local legislative delegation meeting.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.