2009 Louisiana Laws TITLE 46 Public welfare and assistance :: RS 46:17 Indigent defined; collection of charges by state-owned hospitals

§17.  Indigent defined; collection of charges by state-owned hospitals

A.  As used in this Title, the following definition shall apply.

"Indigent" means any person who meets the state definition of indigent who would have qualified for indigent care in any general hospital owned and operated by the state of Louisiana prior to arrest and who is housed in any parish or municipal jail or detention facility or state prison, shall be treated in the nearest general hospital owned and operated by the state of Louisiana.

B.  Notwithstanding any provision of law to the contrary, neither the parish nor municipality shall be responsible for the cost of such services rendered in the state hospital.  However, nothing contained herein shall preclude any such hospital from collecting or attempting to collect reasonable charges for treatment or services from those persons housed in any parish or municipal jail or detention facility or state prison considered to have the ability or resources to pay such costs.  

C.  No state agency or official, or other person acting on behalf of such agency or official, shall attempt to collect charges for treatment rendered in a state hospital to any parish or municipal jail inmate, from the parish or municipal governing authority for charges which accrue after July 17, 1991, when there are no third party payors responsible for the charges.  However, the provisions of this Subsection shall not be construed so as to create or sustain a cause of action on behalf of any person or governmental subdivision to recover monies already paid for the treatment of such inmates.  

Acts 1990, No. 315, §1, eff. July 9, 1990; Acts 1991, No. 618, §1, eff. July 17, 1991.