Introduced Version
HOUSE BILL No. 1329
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 11-12-5-5.5; IC 36-2-13-18.
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.
Introduced
First Regular Session 117th General Assembly (2011)
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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)IN1329.1.1. -->
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)IN1329.1.2. -->
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.