MEDICAL CARE TO INDIGENTS IN COUNTY AND CITY JAILS RESPONSIBILITY OF DEPARTMENT OF HEALTH UNDER SECTION 15, INITIATIVE 178

MEDICAL CARE TO INDIGENTS IN COUNTY AND CITY JAILS RESPONSIBILITY OF DEPARTMENT OF HEALTH UNDER SECTION 15, INITIATIVE 178

Initiative 178, section 7, includes the providing of medical assistance to persons confined to city and county jails and juvenile detention homes providing that they are indigent so as to be furnished care as a matter of general assistance.

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                                                                  January 9, 1951

Honorable J. A. Kahl, M.D.
Acting State Director of Health
Smith Tower
Seattle 4, Washington                                                                                                              Cite as:  AGO 49-51 No. 41

Dear Sir:

            This is to acknowledge receipt of your letter of November 29, 1950, wherein you requested an opinion of this office on whether or not Initiative 178 includes the providing of medical services to persons confined to city and county jails and juvenile detention homes.

            Our conclusion may be summarized as follows:

            Initiative 178, section 7, includes the providing of medical assistance to persons confined to city and county jails and juvenile detention homes providing that they are indigent so as to be furnished care as a matter of general assistance.

                                                                     ANALYSIS

            In an opinion by this office on November 14, 1950, addressed to the Director of Social Security [[Opinion No. 49-51-381]], it was held that section 7 of Initiative 178 transfers the legal responsibility for providing necessary medical care and health services to recipients of public assistance and medical indigents from the Department of Social Security to the Department of Health.

             [[Orig. Op. Page 2]]

            An earlier opinion of March 21, 1947, addressed to the same department, involving the question of who is liable to provide medical attention to inmates of city and county jails is quoted in part as follows:

            "To summarize, it is our opinion that the liability of the public to provide medical and surgical care for prisoners in county and city jails is no different from the liability to provide medical and surgical care for other citizens; i.e., if such persons are indigent, that type of care should be furnished as a matter of general assistance.  If they are not indigent, such care should be provided at their own expense."

            An analysis of these two opinions leads to the unmistakable conclusion that in so far as the inmates of city and county jails and juvenile detention homes qualify as indigents so as to receive general assistance, necessary medical care should be furnished by the Department of Health under section 7, Initiative 178.

Very truly yours,

SMITH TROY
Attorney General

BARBARA L. OHNICK
Assistant Attorney General