HF 4363

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 11:38am

A bill for an act
relating to human services; providing state-funded medical assistance and
MinnesotaCare coverage for inmates of county jails; amending Minnesota Statutes
2018, sections 256B.055, subdivision 14; 256L.04, subdivision 12; 641.15,
subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 256B.055, subdivision 14, is amended to read:

Subd. 14.

Persons detained by law.

(a) Medical assistance may be paid for an inmate
of a correctional facility who is conditionally released as authorized under section 241.26,
244.065, or 631.425, if the individual does not require the security of a public detention
facility and is housed in a halfway house or community correction center, or under house
arrest and monitored by electronic surveillance in a residence approved by the commissioner
of corrections, and if the individual meets the other eligibility requirements of this chapter.

(b) An individual who is enrolled in medical assistance, and who is charged with a crime
and incarcerated for less than 12 months shall be suspended from eligibility at the time of
incarceration until the individual is released. Upon release, medical assistance eligibility is
reinstated without reapplication using a reinstatement process and form, if the individual is
otherwise eligible.

(c) An individual, regardless of age, who is considered an inmate of a public institution
as defined in Code of Federal Regulations, title 42, section 435.1010, and who meets the
eligibility requirements in section 256B.056, is not eligible for new text begin federally funded new text end medical
assistance, except for covered services received while an inpatient in a medical institution
as defined in Code of Federal Regulations, title 42, section 435.1010 new text begin , but is eligible for
medical assistance without federal financial participation if the individual is an inmate of
a county jail new text end . Security issues, including costs, related to the inpatient treatment of an inmate
are the responsibility of the entity with jurisdiction over the inmate.

Sec. 2.

Minnesota Statutes 2018, section 256L.04, subdivision 12, is amended to read:

Subd. 12.

Persons in detention.

new text begin (a) new text end An applicant or enrollee residing in a correctional
or detention facility is not eligible for MinnesotaCare, unless the applicant or enrollee is
awaiting disposition of charges new text begin , and except as provided in paragraph (b) new text end .

new text begin (b) An applicant or enrollee residing as an inmate in a county jail is eligible for
state-funded MinnesotaCare, if all other MinnesotaCare eligibility requirements are met.
new text end

Sec. 3.

Minnesota Statutes 2018, section 641.15, subdivision 2, is amended to read:

Subd. 2.

Medical aid.

Except as provided in section 466.101, the county board shall
pay the costs of medical services provided to prisoners pursuant to this section. The amount
paid by the county board for a medical service shall not exceed the maximum allowed
medical assistance payment rate for the service, as determined by the commissioner of
human services. In the absence of a health or medical insurance or health plan that has a
contractual obligation with the provider or the prisoner, medical providers shall charge no
higher than the rate negotiated between the county and the provider. In the absence of an
agreement between the county and the provider, the provider may not charge an amount
that exceeds the maximum allowed medical assistance payment rate for the service, as
determined by the commissioner of human services. The county is entitled to reimbursement
from the prisoner for payment of medical bills to the extent that the prisoner to whom the
medical aid was provided has the ability to pay the bills. The prisoner shall, at a minimum,
incur co-payment obligations for health care services provided by a county correctional
facility. The county board shall determine the co-payment amount. Notwithstanding any
law to the contrary, the co-payment shall be deducted from any of the prisoner's funds held
by the county, to the extent possible. If there is a disagreement between the county and a
prisoner concerning the prisoner's ability to pay, the court with jurisdiction over the defendant
shall determine the extent, if any, of the prisoner's ability to pay for the medical services.
If a prisoner is covered by health or medical insurance or other health plan when medical
services are provided, the medical provider shall bill that health or medical insurance or
other plan. If the county providing the medical services for a prisoner that has coverage
under health or medical insurance or other plan, that county has a right of subrogation to
be reimbursed by the insurance carrier for all sums spent by it for medical services to the
prisoner that are covered by the policy of insurance or health plan, in accordance with the
benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
health plan. The county may maintain an action to enforce this subrogation right. The county
does not have a right of subrogation against the medical assistance program. new text begin A county may
assist inmates of county jails in applying for medical assistance without federal financial
participation under section 256B.055, subdivision 14, and state-funded MinnesotaCare
under section 256L.04, subdivision 12.
new text end