2013 Kentucky Revised Statutes CHAPTER 441 - JAILS AND COUNTY PRISONERS 441.053 Required use of the Department of Corrections' pharmacy plan and medical, dental, and psychological care access plan -- Waivers -- Ineligible contractees -- Appeal -- Reimbursement not to exceed Medicaid rate.
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441.053 Required use of the Department of Corrections' pharmacy plan and
medical, dental, and psychological care access plan -- Waivers -Ineligible contractees -- Appeal -- Reimbursement not to exceed Medicaid
rate.
(1)
(2)
(3)
(4)
Except as provided in subsection (2) of this section, each jail, regional jail,
holdover, or other correctional facility owned or operated by a unit of local
government, combination of units of local government, or regional jail authority
shall utilize the Department of Corrections' contract pharmacy plan.
(a) Except as provided in paragraph (b) of this subsection, the Department of
Corrections shall, on a yearly basis, waive the requirement of subsection
(1) of this section if the unit of local government, combination of units of
local government, or regional jail authority proves to the Department of
Corrections that the unit of local government, combination of units of local
government, or regional jail authority has contracted with another vendor
and that:
1.
The prescription plan covers pharmacy services, drugs, and
medicine in a manner which is equal to or superior to the
Department of Corrections' contract pharmacy plan; and
2.
The cost of the prescription plan is equal to or less in total cost,
including the product cost and all other costs associated with the
delivery of the drugs, than the Department of Corrections' contract
pharmacy plan.
(b) If a unit of local government, combination of units of local government, or
regional jail authority contracts with a private provider of comprehensive
health services for inmates, then that private provider may elect not to use
the Department of Corrections' contract pharmacy plan and a waiver
under this subsection shall not be required.
Except as provided in subsection (4) of this section, each jail, regional jail,
holdover, or other correctional facility owned or operated by a unit of local
government, combination of units of local government, or regional jail authority
shall utilize the Department of Corrections' contract medical, dental, and
psychological care access plan, and the administrative service fee for the plan
shall be paid by the Department of Corrections subject to the limits of 2007 Ky.
Acts ch. 128, sec. 5.
The Department of Corrections may, on a yearly basis, waive the requirement
of subsection (3) of this section if the unit of local government, combination of
units of local government, or regional jail authority proves to the Department of
Corrections that the unit of local government, combination of units of local
government, or regional jail authority has contracted with another vendor and
that:
(a) The medical, dental, and psychological care access plan provides
services and access which is equal to or superior to the Department of
Corrections' contract medical, dental, and psychological care access plan;
and
(b) The cost of the medical, dental, and psychological care access plan is
equal to or less in cost than the Department of Corrections' contract
(5)
(6)
(7)
medical, dental, and psychological care access plan.
An entity, corporation, or organization of any kind that assists the Department
of Corrections in managing claims or evaluating an application for a waiver
under subsection (2) or (4) of this section shall not seek or be awarded a
contract to provide medical care, dental care, psychological care,
pharmaceutical products, or any other health care service to inmates housed in
any jail operated by any unit of local government, combination of units of local
government, or regional jail authority. The prohibition in this subsection shall
also apply to the entity's, corporation's, or organization of any kind's:
(a) Owners;
(b) Incorporators;
(c) Officers;
(d) Employees; or
(e) Other person who has a financial interest in the organization.
Nothing in this subsection shall be construed to prohibit or limit the ability of the
University of Kentucky to provide health care services to prison populations.
A unit of local government, combination of units of local government, or
regional jail authority may appeal a decision of the Department of Corrections
denying a waiver under subsection (2) or (4) of this section to the secretary of
justice and public safety.
No program specified in this section shall require or permit reimbursement at a
rate in excess of the Kentucky Medicaid program for the same or similar
services or products but may permit a lesser rate of reimbursement.
Effective:June 8, 2011
History: Amended 2011 Ky. Acts ch. 2, sec. 76, effective June 8, 2011. -Amended 2010 Ky. Acts ch. 64, sec. 1, effective July 15, 2010. -- Created 2007
Ky. Acts ch. 128, sec. 4, effective June 26, 2007.
Legislative Research Commission Note (6/26/07). 2007 Ky. Acts chs. 24, 47, and
85 instruct the Reviser of Statutes to correct statutory references to agencies
and officers whose names have been changed in 2007 legislation confirming the
reorganization of the executive branch. Such a correction has been made in this
section.
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