February 8, 2011





HOUSE BILL No. 1329

_____


DIGEST OF HB 1329 (Updated February 3, 2011 9:39 am - DI 75)



Citations Affected: IC 11-12; IC 36-2.

Synopsis: Liability for county detainee health care services. Allows a county and a health care provider to enter into a reimbursement agreement for a lower reimbursement rate than the statutory rate for health care services provided to individuals subject to lawful detention. Removes expiration dates of applicable statutes.

Effective: July 1, 2011.





Dermody




    January 20, 2011, read first time and referred to Committee on Local Government.
    February 7, 2011, reported _ Do Pass.






February 8, 2011

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1329



    A BILL FOR AN ACT to amend the Indiana Code concerning corrections.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 11-12-5-5.5; (11)HB1329.1.1. -->     SECTION 1. IC 11-12-5-5.5, AS ADDED BY P.L.80-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5.5. (a) As used in this section, "charge description master" means a listing of the amount charged by a hospital for each service, item, and procedure:
        (1) provided by the hospital; and
        (2) for which a separate charge exists.
    (b) As used in this section, "health care services" includes health care items and procedures.
    (c) As used in this section, "lawful detention" means the following:
        (1) Arrest.
        (2) Custody following surrender in lieu of arrest.
        (3) Detention in a penal facility.
        (4) Detention for extradition or deportation.
        (5) Custody for purposes incident to any of the above, including transportation, medical diagnosis or treatment, court appearances, work, or recreation.
The term does not include supervision of a person on probation or parole or constraint incidental to release with or without bail.
    (d) This section:
        (1) does not apply in the case of a person who is subject to lawful detention by a county sheriff and is:
            (A) covered under private health coverage for health care services; or
            (B) willing to pay for the person's own health care services; and
        (2) does not affect copayments required under section 5 of this chapter.
    (e) Except as provided in subsection subsections (f) and (g), a county that is responsible for payment for health care services provided to a person who is subject to lawful detention by the county's sheriff shall reimburse:
        (1) a physician licensed under IC 25-22.5;
        (2) a hospital licensed under IC 16-21-2; or
        (3) another health care provider;
for the cost of a health care service at the federal Medicare reimbursement rate for the health care service provided plus four percent (4%).
    (f) Except as provided in subsection (g), if there is no federal Medicare reimbursement rate for a health care service described in subsection (e), the county shall do the following:
        (1) If the health care service is provided by a hospital, the county shall reimburse the hospital an amount equal to sixty-five percent (65%) of the amount charged by the hospital according to the hospital's charge description master.
        (2) If the health care service is provided by a physician or another health care provider, the county shall reimburse the physician or health care provider an amount equal to sixty-five percent (65%) of the amount charged by the physician or health care provider.
    (g) This section expires June 30, 2011.
     (g) A county described in subsection (e) or (f) may reimburse a health care provider described in subsection (e)(1), (e)(2), or (e)(3) at a lower reimbursement rate than the rate required by subsection (e) or (f) if the county enters into an agreement with a health care provider described in subsection (e)(1), (e)(2), or (e)(3) to reimburse the health care provider for a health care service at the lower reimbursement rate.
SOURCE: IC 36-2-13-18; (11)HB1329.1.2. -->     SECTION 2. IC 36-2-13-18, AS ADDED BY P.L.80-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

JULY 1, 2011]: Sec. 18. (a) As used in this section, "health care services" includes health care items and procedures.
    (b) As used in this section, "lawful detention" means the following:
        (1) Arrest.
        (2) Custody following surrender in lieu of arrest.
        (3) Detention in a penal facility.
        (4) Detention for extradition or deportation.
        (5) Custody for purposes incident to any of the above, including transportation, medical diagnosis or treatment, court appearances, work, or recreation.
The term does not include supervision of a person on probation or parole or constraint incidental to release with or without bail.
    (c) This section does not apply to a person who is subject to lawful detention and is:
        (1) covered under private health coverage for health care services; or
        (2) willing to pay for the person's own health care services.
    (d) A sheriff of a county may not release a person subject to lawful detention solely for the purpose of preventing the county from being financially responsible under IC 11-12-5 for health care services provided to the person.
    (e) If a county violates subsection (d), the county remains financially responsible under IC 11-12-5 for health care services provided to the person released from lawful detention.
    (f) A county is financially responsible under IC 11-12-5 for health care services provided to a person at a hospital if the person was subject to lawful detention by the sheriff at the time the person entered onto the hospital's premises.
    (g) If a person is subjected to lawful detention after entering onto the premises of a hospital, the county in which the hospital is located is financially responsible under IC 11-12-5 for the health care services provided to the person while the person is subject to lawful detention.
    (h) For purposes of this section, if a sheriff brings a person subject to lawful detention onto the premises of a hospital or subjects a person to lawful detention after the person enters onto the premises of a hospital, the sheriff shall remain on the premises of the hospital and within reasonable proximity to the person while the person receives health care services at the hospital unless:
        (1) the person's medical condition renders the person incapable of leaving the hospital; and
        (2) the person does not pose a threat to hospital personnel or property or to others at the hospital.


    (i) This section does not prevent or limit the application of IC 11-12-5-5 concerning the making of copayments by a person confined to a county jail.
    (j) A county that is responsible for paying the medical care expenses of a county jail inmate under IC 11-12-5-6 is responsible for paying the medical care expenses of the inmate under this section.
    (k) This section does not supersede a written agreement:
        (1) between:
            (A) a physician, a hospital, or another health care provider; and
            (B) a sheriff;
        concerning reimbursement for health care services provided to a person subject to lawful detention; and
        (2) entered into or renewed before July 1, 2009.
    (l) This section expires June 30, 2011.