The High Cost of Arrestee Medical Treatment: The Effects of F.S. §901.35 on Local Government Coffers

Florida’s local governments are struggling with the rising cost of medical insurance. There is a state law that says the person who gets hurt during an arrest is responsible for paying their own medical expenses. But in reality, the hospitals first try to get the money from the person’s insurance, then from the person, and finally from any money the injured person might get from a lawsuit. This puts a heavy burden on local governments because many people who get hurt during arrest don’t have insurance, leaving the government to pick up the bill. If someone gets arrested and needs medical care but doesn’t have insurance or money, the county or city where they were arrested has to pay for it. This is a law in Florida. The government has to cover the cost of medical care for people who are arrested until they are released. Most people who get arrested don’t have insurance, so the government ends up paying for their medical care. There are not many court cases that help local governments with this law. In a court case, a hospital sued the city and sheriff to pay for medical treatment of people who were arrested. The court decided that the sheriff was responsible because the people were charged with breaking state laws, and the sheriff had custody of them when they were taken to the hospital. Since the city didn’t have a jail, they didn’t have to share the cost. This kind of situation happens in other places too. If someone gets hurt while they are being arrested, the government is responsible for paying for their medical care, even if the injury happened for a reason unrelated to the arrest. The government can ask the person to pay them back if they have enough money to do so. In one case, a hospital tried to make the government pay for a person’s medical expenses, but the court said the person should pay if they have insurance or money to cover the costs. In simple terms, the government can’t make someone on probation pay for their medical expenses from being arrested. This is because it’s hard for the government to predict how much money they will have to spend on medical care for people involved in criminal activities. This unpredictability can lead to higher insurance costs for the government. Unfunded mandates from the state are causing financial problems for local governments in Florida. These mandates involve laws that require local law enforcement to take on more responsibilities without providing additional funding. This is putting a strain on the local government’s finances and resources. Joseph G. Jarret, a lawyer in Polk County, Florida, has expertise in this area and is working to address the issue.

Source: https://www.floridabar.org/the-florida-bar-journal/the-high-cost-of-arrestee-medical-treatment-the-effects-of-f-s-901-35-on-local-government-coffers/