Oklahoma § 20-1313.7 - Medical expense liability fee - Remission of fees to

§ 20-1313.7. Medical expense liability fee - Remission of fees to

Medical Expense Liability Revolving Fund - Criteria for use of

monies.

A. In addition to the fees imposed by Sections 1313.2 and

1313.3 of this title, any person convicted of any offense, excluding

municipal ordinances, traffic offenses and parking and standing

violations, but including violations of Section 11-902 of Title 47

of the Oklahoma Statutes, punishable by a fine of Ten Dollars

($10.00) or more or by incarceration or any person forfeiting bond

when charged with such offense, shall be ordered by the court to pay

a medical expense liability fee in the amount of Ten Dollars

($10.00) for each offense to the Medical Expense Liability Revolving

Fund provided for in Section 746.1 of Title 19 of the Oklahoma

Statutes. The fee shall be in addition to and not in substitution

for any and all fines and penalties otherwise provided for by law

for such offense.

B. The county court clerk shall cause to be deposited the

amount of Ten Dollars ($10.00) as collected, for every conviction as

described in this subsection. The county court clerk shall remit

the monies in the fund on a monthly basis to the Medical Expense

Liability Revolving Fund.

The monies from the Medical Expense Liability Revolving Fund

shall be used when all of the following criteria are met:

1. The county has not filed a claim against the fund in the

previous twelve (12) months;

2. A county jail in this state is determined to be liable for

the medical expense or expenses of a state inmate or person in

Oklahoma Statutes - Title 20. Courts

custody on state charges as provided by law. The minimum expense

amount that shall qualify for consideration is Six Thousand Dollars

($6,000.00) per ailment or injury;

3. The county clerk of the county makes a written claim to the

State and Education Employees Group Insurance Board regarding a

county medical expense. In addition to the written claim, all of

the medical records and bills shall be submitted that relate to the

medical expense under consideration; and

4. It is determined that the state inmate or person in custody

on state charges lacks the ability and resources to cover the

medical expense or expenses.

C. The Medical Expense Liability Revolving Fund shall not pay

any expenses in excess of One Hundred Thousand Dollars ($100,000.00)

per state inmate or person in custody on state charges. The State

and Education Employees Group Insurance Board shall pay valid

requests for reimbursements quarterly based upon a pro rata share of

available funds being distributed between all valid claims received

within the preceding quarter. In the event there are insufficient

funds available to pay any outstanding requests, the Board shall pay

such requests only after sufficient funds have accumulated. Nothing

in this subsection shall be construed to require payment in full of

any or all valid claims or the holding of any or all valid claims

until sufficient funds have accumulated to pay the claims in full.

D. If the state inmate or person in custody on state charges

receives any type of compensation or award from a collateral source

as a result of the ailment or injury which is paid by the Medical

Expense Liability Revolving Fund, the state shall be subrogated to

the rights of a claimant to receive or recover from a collateral

source to the extent that medical expenses were awarded.

Added by Laws 2003, c. 319, § 5. Amended by Laws 2005, c. 468, § 1,

emerg. eff. June 9, 2005; Laws 2008, c. 139, § 3, eff. July 1, 2008;

Laws 2014, c. 186, § 1, eff. Nov. 1, 2014.