2013 Kentucky Revised Statutes CHAPTER 441 - JAILS AND COUNTY PRISONERS 441.052 Insurance coverage of prisoner -- Subrogation of rights to Department of Corrections' contractee for medical and pharmaceutical services.
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441.052 Insurance coverage of prisoner -- Subrogation of rights to
Department of Corrections' contractee for medical and pharmaceutical
services.
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When a unit of local government or regional jail authority facilitates medical
care for a prisoner confined in the jail, holdover, or regional jail who has not
been convicted as a felon and who holds a policy, contract, or certificate of
insurance coverage in any form, the insurer shall be primary for payment of
medically necessary health care benefit claims provided the following
conditions are met:
(a) The reimbursement shall be for medical, dental, or psychological claims
that are covered benefits under the terms and conditions of the health
benefit plan held by the prisoner;
(b) The reimbursement shall be applied under the terms and conditions of
the health benefit plan and in the same manner as though the insured
were not a prisoner; and
(c) All premiums for the health benefit plan are current.
If the unit of local government, combination of units of local government, or
regional jail authority has contracted with the Department of Corrections under
the Department of Corrections' contract for medical, dental, or psychological
care access, or drugs, medicines, or pharmaceutical services, then the rights of
the local government, combination of local governments, or regional jail
authority shall be subrogated to the contract provider of such services to the
Department of Corrections.
If the unit of local government, combination of units of local government, or
regional jail authority has, with the approval of the Department of Corrections,
contracted with another pharmaceutical services provider, then the rights of the
local government, combination of local governments, or regional jail authority
shall be subrogated to the contract provider of medical, dental, or psychological
care to the local jail for access to drugs, medicines, or pharmaceutical services
to the unit of local government, combination of units of local government, or
regional jail authority.
If a prisoner has been transferred from a local jail, regional jail, or holdover to
the Department of Corrections for medical care pursuant to KRS 441.560, then
the contract provider of drugs and pharmaceutical services or the contract
provider of medical, dental, or psychological care shall be subrogated to the
provider of such services to the Department of Corrections.
Effective:June 26, 2007
History: Created 2007 Ky. Acts ch. 128, sec. 3, effective June 26, 2007.
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