Resolution 2008-070
Resolution No. 2008 _ 70
LOSS OF FEDERAL ENTITLEMENT BENEFITS
WHEREAS, U.S. Code of Federal Regulations, Title 42, Part 435.1009 states
that federal financial participation (FFP) is not available in expenditures for services
provided to individuals who are inmates of public institutions; and
WHEREAS, States being unable to assume the federal share of providing
medical services to FFP eligible persons being held in county jails and detention
facilities, tend to terminate or sometimes suspend eligibility; and
WHEREAS, this immediate cessation of benefits occurs prior to the issuance
of formal charges or conviction; and
WHEREAS, counties must provide medical services to all persons incarcerated
in local jails and detention facilities; and
WHEREAS, as the result of this regulation to immediately cease FFP for
medical benefits, all costs of medical care must be borne solely by counties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA requests and strongly urges
Congress to amend necessary federal statutes to allow federal financial participation for
medical benefits to incarcerated individuals until convicted and sentenced to secure
detention.
DULY PASS'~ND EN~~~~ Board of County Commissioners, Collier
County, Florida, this c.n'day of , 2008.
DATE:3~avpD8
ATTEST: ' . '?,
DWIGHTE. E\.ROCK, CL8flK .
. . -
~
.~
I:JL.
BOARD"fF C UNTY COMMISSIONERS
COLLIER C NTY, I:; RIDA
.
By: ~
TOM HENNING, CHAIRMAN
. . :."
If....... ..1"i
Approved as to form and legal sufficiency:
~fvI;Br'~
Assistant Collier County Attorney