Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 310-S.F.No. 804 
           An act relating to corrections; requiring the county 
          of residence to pay for medical services to juveniles 
          in custody; requiring county boards to pay for medical 
          services for prisoners in jail; requiring children in 
          custody and prisoners to pay for medical services to 
          the extent of their ability to pay; providing for 
          reimbursement of the costs of medical services by 
          health insurance or a health plan; amending Minnesota 
          Statutes 1990, section 641.15; proposing coding for 
          new law in Minnesota Statutes, chapter 260. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [260.174] [CHILDREN IN CUSTODY; RESPONSIBILITY 
FOR MEDICAL CARE.] 
    Subdivision 1.  [MEDICAL AID.] If a child is taken into 
custody as provided in section 260.165 and detained in a local 
juvenile secure detention facility or shelter care facility, or 
if a child is sentenced by the juvenile court to a local 
correctional facility as defined in section 241.021, subdivision 
1, paragraph (5), the child's county of residence shall pay the 
costs of medical services provided to the child during the 
period of time the child is residing in the facility.  The 
county of residence is entitled to reimbursement from the child 
or the child's family for payment of medical bills to the extent 
that the child or the child's family has the ability to pay for 
the medical services.  If there is a disagreement between the 
county and the child or the child's family concerning the 
ability to pay or whether the medical services were necessary, 
the court with jurisdiction over the child shall determine the 
extent, if any, of the child's or the family's ability to pay 
for the medical services or whether the services are necessary.  
If the child is covered by health or medical insurance or a 
health plan when medical services are provided, the county 
paying the costs of medical services has a right of subrogation 
to be reimbursed by the insurance carrier or health plan for all 
amounts spent by it for medical services to the child that are 
covered by the insurance policy 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, the 
children's health plan, or the general assistance medical care 
program. 
    Subd. 2.  [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of 
its intake procedure for children, the official having custody 
over the child shall ask the child or the child's family, as 
appropriate, whether the child has health coverage.  If the 
child has coverage under a policy of accident and health 
insurance regulated under chapter 62A, a health maintenance 
contract regulated under chapter 62D, a group subscriber 
contract regulated under chapter 62C, a health benefit 
certificate regulated under chapter 64B, a self-insured plan, or 
other health coverage, the child or the child's family, as 
appropriate, shall provide to the official having custody over 
the child the name of the carrier or administrator and other 
information and authorizations necessary for the official having 
custody over the child to obtain specific information about 
coverage. 
    Subd. 3.  [OBTAINING HEALTH CARE IN COMPLIANCE WITH 
COVERAGE.] A county board may authorize the officials having 
custody over children to fulfill the county board's obligation 
to provide the medical aid required by subdivision 1 in 
accordance with the terms of the health plan covering the child, 
where possible, subject to any rules and exceptions provided by 
the county board.  The official having custody over a child has 
no obligation to the child or to the child's family to obtain 
the child's health care in accordance with the child's health 
coverage. 
    Subd. 4.  [SCOPE.] Subdivisions 1, 2, and 3 apply to any 
medical aid, including dental care, provided to children held in 
custody by the county as described in subdivision 1. 
    Sec. 2.  Minnesota Statutes 1990, section 641.15, is 
amended to read: 
    641.15 [PRISONERS; FEEDING, CARE.] 
    Subdivision 1.  [CLOTHING AND CARE.] The county board shall 
provide suitable jail clothing, without distinctive marks, 
underclothing, linen and bedding, towels, and medical aid for 
prisoners, and fuel for the jail and, if adjoining and 
connected, the sheriff's residence.  The sheriff may require a 
prisoner to wear jail clothing during confinement, but shall 
restore personal clothing upon discharge.  No prisoner shall 
must be required to wear clothing previously used until it has 
been thoroughly cleansed.  The sheriff or jailer shall keep the 
jail in a clean and healthy condition, have each prisoner's 
clothing washed at least once a week, furnish to each sufficient 
clean water for drinking and bathing, and serve each three times 
a day with a sufficient quantity of wholesome, well cooked food. 
    Subd. 2.  [MEDICAL AID.] Except as provided in section 
466.101, the county board shall pay the costs of medical 
services provided to prisoners.  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.  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 county providing the medical 
services 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 or 
the general assistance medical care program. 
    Subd. 3.  [INTAKE PROCEDURE; HEALTH COVERAGE.] As part of 
its intake procedure for new prisoners, the sheriff shall ask 
the prisoner whether the prisoner has health coverage.  If the 
prisoner has coverage under a policy of accident and health 
insurance regulated under chapter 62A, a health maintenance 
contract regulated under chapter 62D, a group subscriber 
contract regulated under chapter 62C, a health benefit 
certificate regulated under chapter 64B, a self-insured plan, or 
other health coverage, the prisoner shall provide to the sheriff 
the name of the carrier or administrator and other information 
and authorizations necessary for the sheriff to obtain specific 
information about coverage. 
    Subd. 4.  [OBTAINING HEALTH CARE IN COMPLIANCE WITH 
COVERAGE.] A county board may authorize the sheriff to fulfill 
the county board's obligation to provide the medical aid 
required by subdivision 1 in accordance with the terms of the 
health plan covering the prisoner, where possible, subject to 
any rules and exceptions provided by the county board.  The 
sheriff has no obligation to the prisoner to obtain the 
prisoner's health care in accordance with the prisoner's health 
coverage. 
    Subd. 5.  [SCOPE.] Subdivisions 2, 3, and 4 apply to any 
medical aid, including dental care, provided to prisoners held 
in a county jail or workhouse. 
    Presented to the governor May 30, 1991 
    Signed by the governor June 3, 1991, 3:48 p.m.