HF 4364

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

A bill for an act
relating to corrections; requiring the state to reimburse counties for jail inmate
medical costs; amending Minnesota Statutes 2018, section 641.15, subdivision 2,
by adding a subdivision.

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

Section 1.

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
apply for reimbursement for the cost of inmate medical services as provided for in subdivision
4a.
new text end

Sec. 2.

Minnesota Statutes 2018, section 641.15, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin State reimbursement. new text end

new text begin The state shall reimburse counties for the cost of jail
inmate medical services incurred pursuant to subdivision 4. A county is entitled to receive
an annual payment from the state that covers the total cost of inmate medical services less
reimbursements and co-payments the county receives from any source, including inmates,
government entities, and health or medical insurers. By August 1 of each year, a county
shall certify to the commissioner of corrections the county's unreimbursed jail inmate medical
expenses for the preceding fiscal year.
new text end