HF 2917

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; setting maximum payment rates for 
  1.3             specified county boards for the medical services 
  1.4             provided to prisoners; amending Minnesota Statutes 
  1.5             2003 Supplement, section 641.15, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.8   641.15, subdivision 2, is amended to read: 
  1.9      Subd. 2.  [MEDICAL AID.] Except as provided in section 
  1.10  466.101, the county board shall pay the costs of medical 
  1.11  services provided to prisoners.  The amount paid by the Anoka, 
  1.12  Benton, Sherburne, and Stearns County board boards for a medical 
  1.13  service shall not exceed the maximum allowed medical assistance 
  1.14  payment rate for the service, as determined by the commissioner 
  1.15  of human services.  The county is entitled to reimbursement from 
  1.16  the prisoner for payment of medical bills to the extent that the 
  1.17  prisoner to whom the medical aid was provided has the ability to 
  1.18  pay the bills.  The prisoner shall, at a minimum, incur 
  1.19  co-payment obligations for health care services provided by a 
  1.20  county correctional facility.  The county board shall determine 
  1.21  the co-payment amount.  Notwithstanding any law to the contrary, 
  1.22  the co-payment shall be deducted from any of the prisoner's 
  1.23  funds held by the county, to the extent possible.  If there is a 
  1.24  disagreement between the county and a prisoner concerning the 
  1.25  prisoner's ability to pay, the court with jurisdiction over the 
  2.1   defendant shall determine the extent, if any, of the prisoner's 
  2.2   ability to pay for the medical services.  If a prisoner is 
  2.3   covered by health or medical insurance or other health plan when 
  2.4   medical services are provided, the county providing the medical 
  2.5   services has a right of subrogation to be reimbursed by the 
  2.6   insurance carrier for all sums spent by it for medical services 
  2.7   to the prisoner that are covered by the policy of insurance or 
  2.8   health plan, in accordance with the benefits, limitations, 
  2.9   exclusions, provider restrictions, and other provisions of the 
  2.10  policy or health plan.  The county may maintain an action to 
  2.11  enforce this subrogation right.  The county does not have a 
  2.12  right of subrogation against the medical assistance program or 
  2.13  the general assistance medical care program.