Bill Text: IA SF345 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the payment of required medical aid provided to prisoners of county jails. (Formerly SSB 1074.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2020-01-15 - Subcommittee: Schultz, Garrett, and Kinney. S.J. 86. [SF345 Detail]

Download: Iowa-2019-SF345-Introduced.html
Senate File 345 - Introduced SENATE FILE 345 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1074) A BILL FOR An Act relating to the payment of required medical aid provided 1 to prisoners of county jails. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1356SV (1) 88 pf/rh
S.F. 345 Section 1. Section 356.15, Code 2019, is amended to read as 1 follows: 2 356.15 Expenses. 3 1. All charges and expenses for the safekeeping and 4 maintenance of prisoners in the custody of the county sheriff 5 shall be allowed by the board of supervisors, except those with 6 the exception of the following prisoners: 7 a. Those committed or detained by the authority of the 8 courts of the United States, in which cases the United States 9 must pay such expenses to the county , or those . 10 b. Those committed for violation of a city ordinance, in 11 which case the city shall pay expenses to the county , or those . 12 c. Those committed or detained from another state, in which 13 case the governmental entity from the other state sending the 14 prisoners shall pay expenses to the county. 15 2. Notwithstanding the charges and expenses allowed 16 pursuant to subsection 1, the costs of required medical aid 17 furnished to prisoners in the custody of the county sheriff 18 pursuant to section 356.5 shall be paid as specified in 19 sections 356.15A and 804.28. 20 Sec. 2. NEW SECTION . 356.15A Responsibility for payment 21 of required medical aid —— priority for providers seeking 22 reimbursement. 23 1. For purposes of this section: 24 a. “Governmental agency” means the state or a state 25 department, division, commission, institution, or authority, 26 an agency, city, county, and any other political subdivision 27 or special district in this state established pursuant to law, 28 and, except where otherwise indicated, also means the United 29 States or a department, division, or agency of the United 30 States, and an agency, commission, or authority established 31 pursuant to an interstate compact or agreement. 32 b. “Health insurer” means an entity providing a plan 33 of health insurance, health care benefits, or health care 34 services, including an insurance company offering sickness and 35 -1- LSB 1356SV (1) 88 pf/rh 1/ 5
S.F. 345 accident plans, a health maintenance organization, a nonprofit 1 health service corporation, or any other entity providing a 2 plan of health insurance, health care benefits, or health care 3 services. 4 c. “Prisoner” means any individual confined in a jail. 5 2. A prisoner has the primary responsibility for payment of 6 the costs of required medical aid provided pursuant to section 7 356.5. A provider of such medical aid to a prisoner shall 8 seek reimbursement from the following sources in the following 9 priority order: 10 a. (1) From a health insurer, if the prisoner is entitled 11 to payment or reimbursement for the costs of such medical aid 12 under the terms and provisions of a policy, plan, contract, 13 or other agreement with a health insurer. This paragraph 14 shall not be interpreted to expand or enlarge the liability of 15 any such health insurer and such health insurer shall not be 16 responsible for paying or reimbursing any costs of medical aid 17 for which the health insurer is not otherwise responsible under 18 the terms of the applicable policy, plan, contract, or other 19 agreement. 20 (2) A prisoner who is entitled to payment or reimbursement 21 for the costs of medical aid provided under the terms of a 22 policy, plan, contract, or other agreement with a health 23 insurer shall cooperate fully with the provider of such medical 24 aid to secure payment from such health insurer. 25 b. From any other available source, including, when 26 appropriate, the United States department of veterans 27 affairs, the United states social security administration, the 28 department of human services, or other similar source. 29 c. (1) Upon a demonstration that reimbursement from the 30 sources specified in paragraphs “a” and “b” is not available, 31 in whole or in part, for the medical aid provided, from the 32 appropriate governmental agency if the governmental agency is 33 otherwise required by law to pay for the costs of the medical 34 aid. Reimbursement under this paragraph “c” shall be at the 35 -2- LSB 1356SV (1) 88 pf/rh 2/ 5
S.F. 345 Medicare rate, the Medicaid rate, or at the rate negotiated 1 between the governmental agency and the provider, whichever 2 rate is lowest. 3 (2) Payment under this paragraph “c” shall be made within 4 ninety days following the demonstration that alternative 5 reimbursement is not available. 6 (3) (a) For the purposes of this paragraph “c” , a 7 demonstration that reimbursement is not available shall 8 be deemed sufficient if a provider of medical aid signs an 9 affidavit stating all of the following: 10 (i) In the case of a health insurer, a written denial of 11 payment has been issued by the health insurer. 12 (ii) In all other cases, efforts have been made to identify 13 sources and to collect from those sources, and more than one 14 hundred eighty days have passed since the medical aid was 15 rendered or the normal collection efforts have been exhausted 16 but full payment has not been received. 17 (b) The affidavit shall be forwarded to the appropriate 18 governmental agency. 19 (4) A provider of medical aid shall not be required to file 20 suit in a court of law or retain the services of a collection 21 agency to satisfy the required demonstration that reimbursement 22 is not available pursuant to this paragraph “c” . 23 3. Except as provided in chapters 669 and 670, a 24 governmental agency shall not be responsible for payment of 25 the costs of any medical aid provided to a prisoner if such 26 medical aid is provided after the individual is released from 27 the custody of the governmental agency or when the individual 28 is released on parole. 29 4. Any governmental agency presenting a prisoner for 30 medical aid shall notify the provider of such medical aid of 31 all information available to the governmental agency concerning 32 potential sources of payment. 33 5. This section does not preclude a city or a county from 34 seeking reimbursement from a prisoner for the costs of medical 35 -3- LSB 1356SV (1) 88 pf/rh 3/ 5
S.F. 345 aid incurred by the city or county for the prisoner’s medical 1 aid including as provided pursuant to section 356.7. 2 6. Payment for medical aid provided to a prisoner at a 3 state-funded hospital shall be provided through state funds 4 received by the hospital. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the payment of required medical aid 9 provided to prisoners of county jails. 10 The bill provides that while it is the duty of the keeper 11 of a jail to furnish necessary medical aid to a prisoner, 12 the prisoner has the primary responsibility for payment of 13 the costs of the medical aid provided. The bill requires a 14 provider of the medical aid to seek reimbursement from sources 15 in the following priority order: (1) from a health insurer, 16 if the prisoner is entitled to payment or reimbursement for 17 the costs of the medical aid under the terms and provisions 18 of a policy, plan, contract, or other agreement with a health 19 insurer, (2) from any other available source, including, 20 when appropriate, the United States department of veterans 21 affairs, the United States social security administration, 22 the department of human services, or other similar source, 23 and (3) upon demonstration, by affidavit as provided in the 24 bill, that reimbursement is not available, in whole or in 25 part, through either the first or second priority source, 26 from the appropriate governmental agency, if the governmental 27 agency is otherwise required by law to pay for the costs of 28 the medical aid. If a governmental agency is required to pay 29 for the medical aid, payment must be made within 90 days, at 30 the Medicare rate, the Medicaid rate, or the rate negotiated 31 between the governmental agency and the provider, whichever 32 rate is lowest. A provider of medical aid is not required 33 to file suit in a court of law or retain the services of a 34 collection agency to satisfy the required demonstration that 35 -4- LSB 1356SV (1) 88 pf/rh 4/ 5
S.F. 345 reimbursement is not available. Unless otherwise provided by 1 law, a governmental agency is not responsible for payment of 2 the costs of any medical aid provided to a prisoner if the 3 medical aid is provided after the individual is released from 4 the custody of the governmental agency or when the individual 5 is released on parole. A governmental agency presenting a 6 prisoner for medical aid shall notify the provider of the 7 medical aid of all information available to the governmental 8 agency concerning potential sources of payment. The bill does 9 not preclude a city or a county from seeking reimbursement from 10 a prisoner for the costs of medical aid incurred by the city or 11 county for the prisoner’s medical aid, and medical aid provided 12 to prisoners at a state-funded hospital shall be provided 13 through state funds received by the hospital. 14 -5- LSB 1356SV (1) 88 pf/rh 5/ 5
feedback