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December 19, 2007
OK: State supreme court rules counties are liable for care of people in jails
State supreme court rules counties are liable for inmates' care
The Associated Press
OKLAHOMA CITY ‹ Counties are liable for jail inmates' medical care, including conditions that existed before their arrests, the Oklahoma Supreme Court has ruled.
Justices voted 8-0 on Tuesday in favor of HCA Health Services of Oklahoma, the parent company of OU Medical Center. The hospital sued Oklahoma County commissioners and Sheriff John Whetsel over $2.2 million in medical payments for treating prisoners in the jail from February 2003 through September 2006.
The county's argument was that much of the expense was to treat conditions that predated the prisoners' arrests, Justice Marian Opala wrote in the court opinion.
"Obviously it is going to have a great economic impact not only on us but I'm sure the other 76 counties and may well bankrupt some of those smaller counties," Whetsel said.
Oklahoma County books 44,000 to 45,000 people into its jail a year, he said.
"We've got to look to the Legislature to fix this," said commission chairman Ray Vaughn.
Taxpayers will have to pick up the cost of the Oklahoma County case, but smaller counties could be hurt even more, Vaughn said.
The case went to the Supreme Court after Oklahoma County District Judge Vicki L. Robertson ruled the sheriff was liable for the cost of medical care provided to inmates, including treatment of pre-existing health conditions.
"This opinion determines the question of liability. All that will remain to be decided by Judge Robertson now is how much (is paid)," said Kieran D. Maye Jr., attorney for the medical center.
Oklahoma County is not the only place where the issue has ended up in court.
Donald Lepp, a Tulsa attorney who has filed such cases, said lawsuits have been filed in many northeastern Oklahoma counties.
State law identifies two parties from whom a provider may seek payment for medical treatment ‹ the inmate and the county, the opinion said.
http://ap.ardmoreite.com/pstories/state/ok/20071219/226808940.shtml
Information from: The Oklahoman, http://www.newsok.com
Posted by lois at December 19, 2007 05:13 PM