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Monday, September 06, 2010

Ind. Law - "New law costing county police: Sheriffs, lawmakers disagree on correct interpretation"

That is the headline to this story today by Erin Blasko of the South Bend Tribune. Some quotes:

Between January and July of this year, the St. Joseph County Police Department paid about $100,000 to local hospitals based on the questionable interpretation of a state law regarding medical care for people detained in the county and suspected of a crime.

Public Law 80, enacted July 1, 2009, establishes rates at which counties in the state must reimburse health care providers for services provided to "a person who is subject to lawful detention by a county sheriff."

According to Assistant Chief Bill Redman, county attorney Pete Agostino has interpreted that phrase — "subject to lawful detention by a county sheriff" — to mean all people detained in the county and suspected of a crime, regardless of the agency involved.

Agostino explained: "There is a different statute in the state that obligates the sheriff to take into detention subjects detained by other agencies ... so if you read that in conjunction with the language in (Public Law 80), in my opinion, it doesn't seem to be referring only to subjects arrested by the sheriff."

As a result, for the past 20 months, whenever a police agency in the county — South Bend, Mishawaka, Roseland, etc. — detains a person who needs medical care but cannot pay, the county police department picks up the tab as prescribed under the law — either 104 percent of the Medicare reimbursement rate or 65 percent of cost. * * *

But not everyone agrees on the correct interpretation of the law, and even its author, state Rep. Sandy Blanton, D-Orange County, admits the language in it is not entirely clear with regard to the definition of "lawful detention."

"The intent was to save taxpayers money," Blanton said, explaining the reimbursement rates laid out in the law represent a savings for most county police departments. "However, it's my understanding that some counties have interpreted 'lawful detention' as picked up (by police), and some have interpreted it as booked into a facility."

Similarly, state Sen. Jim Arnold, D-LaPorte, said, "I suppose different people interpret it (the law) differently, but I can say that when the law was conceived, it was meant to reduce sheriffs' costs." A former LaPorte County sheriff, Arnold co-sponsored the law.

Blanton said she is considering proposing an amendment to the law during the upcoming January session "to tweak the language and make it a little more clear."

Here is the legislation at issue, HEA 1182 (PL 80) from the 2009 session of the General Assembly.

Posted by Marcia Oddi on September 6, 2010 12:46 PM
Posted to Indiana Law