2009 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.
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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 <br>contractees -- Appeal.
(1) 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 <br>government, combination of units of local government, or regional jail authority <br>shall utilize the Department of Corrections' contract pharmacy plan.
(2) (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 <br>this section if the unit of local government, combination of units of local <br>government, or regional jail authority proves to the Department of Corrections <br>that the unit of local government, combination of units of local government, <br>or regional jail authority has contracted with another vendor and that: <br>1.
The prescription plan covers pharmacy services, drugs, and medicine in <br>a manner which is equal to or superior to the Department of Corrections' <br>contract pharmacy plan; and
2.
The cost of the prescription plan is equal to or less in total cost, <br>including the product cost and all other costs associated with the <br>delivery of the drugs, than the Department of Corrections' contract <br>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 <br>health services for inmates, then that private provider may elect not to use the <br>Department of Corrections' contract pharmacy plan and a waiver under this <br>subsection shall not be required.
(3) 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 <br>government, combination of units of local government, or regional jail authority <br>shall utilize the Department of Corrections' contract medical, dental, and <br>psychological care access plan, and the administrative service fee for the plan shall <br>be paid by the Department of Corrections subject to the limits of 2007 Ky. Acts <br>ch. 128, sec. 5.
(4) 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 <br>of local government, or regional jail authority proves to the Department of <br>Corrections that the unit of local government, combination of units of local <br>government, or regional jail authority has contracted with another vendor and that: <br>(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 <br>medical, dental, and psychological care access plan; and
(b) The cost of the medical, dental, and psychological care access plan is less in
cost than the Department of Corrections' contract medical, dental, and <br>psychological care access plan.
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(5) 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 <br>subsection (2) or (4) of this section shall not seek or be awarded a contract to <br>provide medical care, dental care, psychological care, pharmaceutical products, or <br>any other health care service to inmates housed in any jail operated by any unit of <br>local government, combination of units of local government, or regional jail <br>authority. The prohibition in this subsection shall also apply to the entity's, <br>corporation's, or organization of any kind's: <br>(a) Owners; <br>(b) Incorporators; <br>(c) Officers; <br>(d) Employees; or <br>(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 <br>University of Kentucky to provide health care services to prison populations.
(6) 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 <br>waiver under subsection (2) or (4) of this section to the secretary of justice and <br>public safety.
Effective: July 15, 2010 <br>History: 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 <br>whose names have been changed in 2007 legislation confirming the reorganization of <br>the executive branch. Such a correction has been made in this section.
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