2006 Kentucky Revised Statutes - .045   Rules for jails -- Inspection by county judge/executive -- Medical, dental, and psychological care for prisoners -- Funds not to lapse.

441.045 Rules for jails -- Inspection by county judge/executive -- Medical, dental, and psychological care for prisoners -- Funds not to lapse. (1) The county governing body shall prescribe rules for the government, security, safety, and cleanliness of the jail and the comfort and treatment of prisoners, provided such rules are consistent with state law. The county judge/executive may inspect the jail at any reasonable time. (2) Willful violation of the rules promulgated pursuant to subsection (1) of this section shall be deemed a violation. (3) Except as provided in subsections (4) and (5) of this section, the cost of providing necessary medical, dental, and psychological care for indigent prisoners in the jail shall be paid from the jail budget. (4) The cost of providing necessary medical, dental, or psychological care for prisoners of the United States government shall be paid as provided by contract between the United States government and the county or as may otherwise be provided by federal law. (5) The cost of providing necessary medical, dental, or psychological care, beyond routine care and diagnostic services, for prisoners held pursuant to a contractual agreement with the state shall be paid as provided by contract between the state and county. The costs of necessary medical, dental, or psychological care, beyond routine care and diagnostic services, of prisoners held in the jail for which the county receives a per diem payment shall be paid by the state. (6) The cost of providing necessary medical, dental, or psychological care for prisoners held pursuant to a contractual agreement with another county or a city shall be paid as provided by contract between the county or city and county. (7) When the cost of necessary medical, dental, or psychological care for a prisoner exceeds two thousand dollars ($2,000), as calculated by using the maximum allowable costs to similar persons or facilities for the same or similar services under the Kentucky Medical Assistance Program, the state shall reimburse the county for that portion of the costs that exceeds two thousand dollars ($2,000). The reimbursement shall be subject to the following terms and conditions: (a)  The care is necessary as defined in subsection (10) of this section; (b)  The prisoner is indigent as defined in subsection (8) of this section, or is uninsured; and (c)  No state reimbursement to the county for care provided by physicians, hospitals, laboratories, or other health care providers shall exceed the maximum payments allowed to similar persons or facilities for the same or similar services under the Kentucky Medical Assistance Program, except as provided in subsection (11) of this section. (8) (a)  The determination of whether a prisoner is indigent shall be made pursuant to KRS 31.120. The prisoner shall not be considered indigent, in the case of prisoner medical care, if: 1. The prisoner has funds on his inmate account to cover all or a portion of his medical expenses; Page 1 of 3 2. The prisoner's medical expenses are covered on a medical insurance policy; or 3. The prisoner has the private resources to pay for the use of the medical facilities. (b)  Prisoners who are later determined not to have been indigent, or who at a time following treatment are no longer indigent, shall be required to repay the costs of payments made pursuant to this section to the unit of government which made the payment. (9)  The terms and conditions relating to any determination of nonindigency and demands for repayment shall be under the same terms and conditions as are provided under KRS Chapters 31 and 431 relating to similar circumstances in the program for defense of indigents by the public advocate. (10) For the purposes of this section, "necessary care" means care of a nonelective nature that cannot be postponed until after the period of confinement without hazard to the life or health of the prisoner. The physician attending the prisoner shall certify, under oath, that the care was necessary. (11) Any money appropriated for a given fiscal year to fund the state's obligation under subsection (7) of this section which remains unspent at the end of the year shall not lapse but shall be made available to satisfy, to the maximum extent possible, that portion of each catastrophic claim made during said year above the threshold amount for which the county did not receive state assistance pursuant to subsection (7) of this section. In the event there is an insufficient surplus to satisfy said balance of all such catastrophic claims which are made during that year, the state shall pay to those qualified counties, on a per claim basis, an amount equal to each claim's percentage of the total surplus. Should the surplus be sufficient to satisfy all such catastrophic claims, the amount remaining, if any, shall not lapse but shall be carried forward to the next fiscal year to be made available for future catastrophic claims. (12) Notwithstanding other provisions of this section to the contrary, a jail may impose a reasonable fee for the use of jail medical facilities by a prisoner who has the ability to pay for the medical care. These funds may be deducted from the prisoner's inmate account. A prisoner shall not be denied medical treatment because he has insufficient funds on his inmate account. This subsection shall not preclude other recovery of funds as provided in this section. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 61, sec. 1, effective July 15, 1996; and ch. 108, sec. 2, effective July 15, 1996. -- Amended 1986 Ky. Acts ch. 343, sec. 1, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 415, sec. 2, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 385, sec. 38, effective July 1, 1982. -- Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 21, sec. 1, effective May 12, 1979. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 12, sec. 2, effective January 1, 1978; and ch. 14, sec. 457, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2233, 2235. Formerly codified as KRS 441.010. Page 2 of 3 Legislative Research Commission Note (7/15/96). This section was amended by 1996 Ky. Acts chs. 61 and 108 which do not appear to be in conflict and have been codified together. Page 3 of 3