2006 Minnesota Statutes

260C.188 CHILDREN IN CUSTODY; RESPONSIBILITY FOR MEDICAL CARE.
    Subdivision 1. Medical aid. If a child is taken into custody as provided in section 260C.175
and detained in a local juvenile secure detention facility or a shelter care facility, 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 MinnesotaCare program,
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.
History: 1999 c 139 art 3 s 21