Bill Text: IA HSB137 | 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2019-03-06 - Committee report, recommending amendment and passage. H.J. 421. [HSB137 Detail]
Download: Iowa-2019-HSB137-Introduced.html
House
Study
Bill
137
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
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:
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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
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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
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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
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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
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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.
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