2013 Kentucky Revised Statutes CHAPTER 441 - JAILS AND COUNTY PRISONERS 441.045 Rules for jails -- Inspection by county judge/executive -- Medical, dental, and psychological care for prisoners -- Funds not to lapse -- Fee for use of jail medical facilities by state prisoner – Payments to counties not to exceed Medicaid rate – Transportation of prisoners for health care – Responsibility for health care expenses.
Download as PDF
441.045 Rules for jails -- Inspection by county judge/executive -- Medical,
dental, and psychological care for prisoners -- Funds not to lapse -- Fee
for use of jail medical facilities by state prisoner Payments to counties
not to exceed Medicaid rate Transportation of prisoners for health care
Responsibility for health care expenses.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
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.
Willful violation of the rules promulgated pursuant to subsection (1) of this
section shall be deemed a violation.
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.
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.
(a) 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.
(b) To the extent that federal law allows and federal financial participation is
available, for the limited purpose of implementing this section, the jail, the
department, or the department's designee is authorized to act on behalf of
an inmate for purposes of applying for Medicaid eligibility.
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.
(a) When the cost of necessary medical, dental, or psychological care for a
prisoner exceeds one thousand dollars ($1,000), 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
one thousand dollars ($1,000). The reimbursement shall be subject to the
following terms and conditions:
1.
The care is necessary as defined in subsection (10) of this section;
2.
The prisoner is indigent as defined in subsection (8) of this section,
or is uninsured; and
3.
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.
(b) A county may assign its ability to receive payment from the state under
this subsection to the person providing the medical, dental, or
psychological care to the prisoner, which assignment shall be accepted
by the provider for the purposes of submitting billing directly to the state.
The state shall pay or deny a claim submitted to it within ninety (90) days
of receiving the claim. The county shall include with the assignment the
information required by subsection (8) of this section necessary to qualify
the prisoner as indigent. The provider shall bill for any other public or
private health benefit plan or health insurance benefits available to the
prisoner prior to billing the state under this subsection, and shall bill the
state prior to billing the county. The county shall retain ultimate payment
responsibility as established under subsection (3) of this section, and the
provider may bill the county for payment after the expiration of ninety (90)
days from the date the provider submitted the claim to the state for
payment if the claim remains unpaid at that time.
(8) (a) The determination of whether a prisoner is indigent shall be made
pursuant to KRS 31.120, and may be evidenced by the affidavit of
indigency required by that statute or the appointment of a public defender
under that statute. 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;
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.
(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
(12)
(13)
(14)
(15)
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.
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.
(a) Notwithstanding any other provision of this section to the contrary, a jail
may impose a reasonable fee for the use of jail medical facilities by a
state prisoner who has been placed in a local jail pursuant to a contract
with the Department of Corrections under KRS 532.100 or other statute,
and who has the ability to pay for medical care.
(b) Funds may be deducted from the state prisoner's inmate account at the
jail.
(c) A state prisoner shall not be denied medical treatment because he or she
has insufficient funds in his or her inmate account.
(d) This subsection shall not preclude other recovery of funds as provided in
this section.
(e) This subsection does not authorize recovery of funds from a prisoner for
medical care which has been paid or reimbursed by the state pursuant to
this section.
Except as provided in subsection (4), (5), or (8) of this section, all payments for
necessary medical, dental, or psychological care for jail, regional jail, or
holdover prisoners shall be made at a rate not to exceed the Medicaid rate for
the same or similar services, which shall be paid within thirty (30) days under
the provisions of KRS 65.140 of receiving a claim from the health facility or
provider for the item or service. This subsection shall not obligate the Medicaid
program to pay for services provided to a prisoner.
(a) A peace officer or correctional officer having custody of a person shall not
release the person from custody so that the person may receive treatment
from a health care facility or health care provider, except pursuant to an
order issued by a court of competent jurisdiction which specifically names
the person to receive treatment.
(b) A peace officer or correctional officer having custody of a person may
take the person to a health care facility or health care provider for the
purpose of receiving treatment if a correctional officer remains with the
person during the time the person is on the premises of the health care
facility or health care provider, unless the facility or provider consents to
the absence of the officer.
(c) A county, urban-county, consolidated local government, charter county,
unified local government, jail, regional jail, holdover, local detention
center, or other local correctional facility shall not be responsible for
(d)
(e)
paying for the medical or other health care costs of a person who is
released by a court of competent jurisdiction, except where the release is
for the purpose of receiving medical or other health care services as
evidenced by an order requiring the person to return to custody upon
completion of treatment.
When a county, urban-county, consolidated local government, charter
county, unified local government, jail, regional jail, holdover, local
detention center, or other local correctional facility is responsible for
paying for medical or other health care costs under paragraph (c) of this
subsection, payment shall be made only at the Medicaid rate for same or
similar services.
For the purposes of this subsection, "correctional officer" includes a:
1.
Jailer or deputy jailer;
2.
Director or other person in charge of a local detention center, local
correctional facility, or regional jail; and
3.
Correctional officer employed by a local detention center, local
correctional facility, or regional jail.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 69, sec. 11, effective June 25, 2013. -Amended 2011 Ky. Acts ch 2, sec. 75, effective June 8, 2011. -- Amended 2010
Ky. Acts ch. 8, sec. 1, effective July 15, 2010. -- 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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.