SF 2191 — A bill for an act relating to the payment of required medical aid provided to prisoners. (Formerly SSB 3073.) Effective date: 07/01/2020.

Senate File 2191 - IntroducedEnrolled SENATESenate FILEFile 2191 BYAN COMMITTEEACT ONRELATING JUDICIARY (SUCCESSOR TO SSBTHE 3073)PAYMENT AOF BILLREQUIRED FORMEDICAL AnAID ActPROVIDED relatingTO toPRISONERS. the payment of required medical aid provided to prisoners.

TLSBSection 5593SV1. (2) 88 pf/rh S.F.

2191 Section 1.

1.Senate File 2191, p.

2 1.

“Health insurance” means a policy, plan, contract, or other agreement providing health insurance, health care benefits, or health care services, provided by an entity including an insurance company offering sickness and accident LSBplans, 5593SVa (2)health 88maintenance -1-organization, pf/rha 1/5nonprofit S.F.health service corporation, or any other entity providing a plan of health insurance, health care benefits, or health care services.

2191 plans, a health maintenance organization, a nonprofit health service corporation, or any other entity providing a plan of health insurance, health care benefits, or health care services.

A hospital or medical provider shall request available sources of health insurance or other benefits from the governmental entity and the prisoner at the time of intake atSenate orFile admission2191, ofp. the prisoner into the hospital or medical provider.

3 at or admission of the prisoner into the hospital or medical provider.

If the prisoner is entitled to health insurance or other benefits to pay for the medical aid, any amounts not met by the prisoner’s health insurance or other benefits shall be the responsibility of the LSBprisoner. 5593SV (2) 88 -2- pf/rh 2/5 S.F.

2191 prisoner.

5.Senate File 2191, p.

4 5.

EXPLANATION______________________________ LSB______________________________ 5593SVCHARLES (2)SCHNEIDER 88PAT -3-GRASSLEY pf/rhPresident 3/5of S.F.the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2191, Eighty-eighth General Assembly.

2191______________________________ TheW. inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.

ThisCHARLES billSMITHSON relatesSecretary toof the paymentSenate ofApproved required_______________, medical2020 aid______________________________ providedKIM toREYNOLDS prisonersGovernor confined in a jail or municipal holding facility.

The bill provides definitions for “governmental entity”, “health insurance”, “other benefits”, and “prisoner” for the purposes of the bill.

The bill provides that a prisoner has the primary responsibility for payment of the costs of required medical aid provided to the prisoner.

Payment and reimbursement for medical aid provided to a prisoner is to be sought by a governmental entity, hospital, or medical provider in accordance with the bill.

A governmental entity is required to request available sources of health insurance or other benefits from a prisoner at the time of intake into a county jail or municipal holding facility.

If identified, the governmental entity is required to provide the prisoner’s health insurance or benefit information to a hospital or medical provider at the time the prisoner is presented at the hospital or medical provider or at the earliest possible opportunity.

A hospital or medical provider is required to request available sources of health insurance or other benefits from the governmental entity and the prisoner at the time of intake at or admission of the prisoner to the hospital or medical provider.

The hospital or medical provider shall utilize the health insurance or other benefits identified and shall seek payment for medical aid through the prisoner’s health insurance or other benefits prior to a request for reimbursement being presented to a governmental entity.

If the prisoner is entitled to health insurance or other benefits to pay for the medical aid, any amounts not met by the prisoner’s health insurance or other benefits shall be the responsibility of the prisoner.

LSB 5593SV (2) 88 -4- pf/rh 4/5 S.F.

2191 If health insurance is denied or other benefits are not available to pay for medical aid provided to a prisoner, a hospital or medical provider shall submit any bill for reimbursement of medical aid to the governmental entity within 60 days of treatment or shall submit any written denial of coverage to the governmental entity within 60 days of receipt of the denial, whichever is applicable.

The governmental entity shall submit the bill for reimbursement within 30 days of receipt of the bill and shall remit payment to the hospital or medical provider in the governmental entity’s next billing cycle.

The hospital or medical provider shall be reimbursed by the governmental entity at the rate negotiated and agreed upon by the hospital or medical provider and the governmental entity.

If a rate has not been agreed to, the governmental entity shall reimburse the hospital or medical provider the hospital’s or medical provider’s Medicaid rate for such treatment, regardless of the prisoner’s eligibility for Medicaid.

Except as otherwise provided by law, a governmental entity shall not be responsible for payment of the costs of any medical aid provided to a prisoner if such medical aid is provided after the prisoner is released from the custody of the governmental entity or when the individual is released on parole.

The bill does not preclude a city or a county from seeking reimbursement from a prisoner for the costs of medical aid incurred by the city or county for the prisoner’s medical aid.

Payment for medical aid provided to a prisoner at a state-funded hospital shall be provided through state funds received by the hospital.

LSB 5593SV (2) 88 -5- pf/rh 5/5