The Department of Corrections shall reimburse any county which is required to retain an inmate pursuant to subsection E of Section 37 of this title in an amount not to exceed Twenty-seven Dollars ($27.00) per day for each inmate during such period of retention, unless the actual daily cost as determined by the Department of Corrections Daily Rate as defined in this section, exceeds Twenty-seven Dollars ($27.00). If the actual daily cost as determined by the Department of Corrections Daily Rate exceeds Twenty-seven Dollars ($27.00), the county shall notify the Department of Corrections of the actual daily cost no later than September 30. If the county's actual daily cost is accepted by the Department that shall be the reimbursement rate for the county beginning the next fiscal year. If the Department rejects the county's actual daily cost application, then the actual daily cost reimbursement shall be determined by the State Auditor and shall be imposed beginning the next fiscal year. The Department shall distribute the reimbursement on a monthly basis upon receipt and approval of a billing statement from the county. The county shall use the reimbursement to defray expenses of equipping and maintaining the jail and payment of personnel. The provisions in this act shall be implemented by the Department to allow sufficient time for application to FY-2019. The Department of Corrections shall reimburse the county for the emergency medical care for physical injury or illness of the inmate retained under this act if the injury or illness is directly related to the incarceration and the county is required by law to provide such care for inmates in the jail. The Department shall not pay fees for medical care in excess of the rates established for Medicaid providers. The state shall not be liable for medical charges in excess of the Medicaid scheduled rate. The Director may accept any inmate required to have extended medical care upon application of the county.
Added by Laws 1981, S.J.R. No. 14, p. 1291, § 3, emerg. eff. April 13, 1981. Amended by Laws 1992, c. 293, § 1, emerg. eff. May 25, 1992; Laws 1997, c. 133, § 76, eff. July 1, 1997; Laws 1999, c. 51, § 3, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 24, eff. July 1, 1999; Laws 2006, 2nd Ex. Sess., c. 74, § 8; Laws 2015, c. 307, § 2, eff. Nov. 1, 2015; Laws 2017, c. 260, § 2, eff. Nov. 1, 2017.
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