Bill Text: IA HSB518 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the payment of required medical aid provided to prisoners.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-20 - Committee report, recommending amendment and passage. H.J. 321. [HSB518 Detail]
Download: Iowa-2019-HSB518-Introduced.html
House
Study
Bill
518
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
the
payment
of
required
medical
aid
provided
1
to
prisoners.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
356.15,
Code
2020,
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
shall
be
allowed
by
the
board
of
5
supervisors,
except
those
with
the
exception
of
the
following
6
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
of
21
required
medical
aid.
22
1.
For
purposes
of
this
section:
23
a.
“Governmental
entity”
means
the
state
or
a
state
24
department,
division,
commission,
institution,
or
authority,
25
an
agency,
city,
county,
or
special
district
in
this
state
26
established
pursuant
to
law,
and,
except
where
otherwise
27
indicated,
also
means
the
United
States
or
a
department,
28
division,
or
agency
of
the
United
States,
and
an
agency,
29
commission,
or
authority
established
pursuant
to
an
interstate
30
compact
or
agreement.
31
b.
“Health
insurance”
means
a
policy,
plan,
contract,
32
or
other
agreement
providing
health
insurance,
health
care
33
benefits,
or
health
care
services,
provided
by
an
entity
34
including
an
insurance
company
offering
sickness
and
accident
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plans,
a
health
maintenance
organization,
a
nonprofit
health
1
service
corporation,
or
any
other
entity
providing
a
plan
2
of
health
insurance,
health
care
benefits,
or
health
care
3
services.
“Health
insurance”
includes
but
is
not
limited
to
4
private
health
insurance,
Medicaid,
and
Medicare.
5
c.
“Other
benefits”
includes
but
is
not
limited
to
veterans
6
administration
benefits
or
other
benefits
for
which
the
7
prisoner
is
eligible
or
entitled
to
pay
for
medical
aid.
8
d.
“Prisoner”
means
an
individual
confined
in
a
jail
or
9
municipal
holding
facility.
10
2.
A
prisoner
has
the
primary
responsibility
for
payment
of
11
the
costs
of
required
medical
aid
provided
pursuant
to
section
12
356.5.
Payment
and
reimbursement
for
medical
aid
provided
to
a
13
prisoner
shall
be
sought
as
follows:
14
a.
A
governmental
entity
shall
request
available
sources
15
of
health
insurance
or
other
benefits
from
a
prisoner
at
16
the
time
of
intake
into
a
county
jail
or
municipal
holding
17
facility.
If
the
governmental
entity
identifies
health
18
insurance
or
other
benefits
to
which
the
prisoner
is
entitled,
19
the
governmental
entity
shall
provide
the
health
insurance
20
or
benefit
information
to
a
hospital
or
medical
provider
at
21
the
time
the
prisoner
is
presented
at
the
hospital
or
medical
22
provider
or
at
the
earliest
possible
opportunity.
23
b.
A
hospital
or
medical
provider
shall
request
available
24
sources
of
health
insurance
or
other
benefits
from
the
25
governmental
entity
and
the
prisoner
at
the
time
of
intake
26
at
or
admission
of
the
prisoner
into
the
hospital
or
medical
27
provider.
The
hospital
or
medical
provider
shall
utilize
the
28
health
insurance
or
other
benefits
identified
and
shall
seek
29
payment
for
medical
aid
through
the
prisoner’s
health
insurance
30
or
other
benefits
prior
to
a
request
for
reimbursement
being
31
presented
to
a
governmental
entity.
If
the
prisoner
is
32
entitled
to
health
insurance
or
other
benefits
to
pay
for
the
33
medical
aid,
any
amounts
not
met
by
the
prisoner’s
health
34
insurance
or
other
benefits
shall
be
the
responsibility
of
the
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prisoner.
1
c.
(1)
If
health
insurance
is
denied
or
other
benefits
are
2
not
available
to
pay
for
medical
aid
provided
to
a
prisoner,
3
a
hospital
or
medical
provider
shall
submit
any
bill
for
4
reimbursement
of
medical
aid
to
the
governmental
entity
within
5
thirty
days
of
treatment
or
shall
submit
any
written
denial
6
of
coverage
to
the
governmental
entity
within
thirty
days
of
7
receipt
of
the
denial,
as
applicable.
8
(2)
The
governmental
entity
shall
submit
the
bill
for
9
reimbursement
within
thirty
days
of
receipt
of
the
bill
and
10
shall
remit
payment
to
the
hospital
or
medical
provider
in
the
11
governmental
entity’s
next
billing
cycle.
12
(3)
The
hospital
or
medical
provider
shall
be
reimbursed
13
by
the
governmental
entity
at
the
rate
negotiated
and
agreed
14
upon
by
the
hospital
or
medical
provider
and
the
governmental
15
entity.
If
a
rate
has
not
been
agreed
to,
the
governmental
16
entity
shall
reimburse
the
hospital
or
medical
provider
the
17
hospital’s
or
medical
provider’s
published
Medicaid
rate
for
18
such
treatment,
regardless
of
the
prisoner’s
eligibility
for
19
Medicaid.
20
3.
Except
as
provided
in
chapters
669
and
670,
a
21
governmental
entity
shall
not
be
responsible
for
payment
of
the
22
costs
of
any
medical
aid
provided
to
a
prisoner
if
such
medical
23
aid
is
provided
after
the
prisoner
is
released
from
the
custody
24
of
the
governmental
entity
or
when
the
individual
is
released
25
on
parole.
26
4.
This
section
does
not
preclude
a
city
or
a
county
from
27
seeking
reimbursement
from
a
prisoner
for
the
costs
of
medical
28
aid
incurred
by
the
city
or
county
for
the
prisoner’s
medical
29
aid
including
as
provided
pursuant
to
section
356.7.
30
5.
Notwithstanding
any
provision
of
this
section
to
the
31
contrary,
payment
for
medical
aid
provided
to
a
prisoner
at
a
32
state-funded
hospital
shall
be
provided
through
state
funds
33
received
by
the
hospital.
34
EXPLANATION
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The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
the
payment
of
required
medical
aid
3
provided
to
prisoners
confined
in
a
jail
or
municipal
holding
4
facility.
5
The
bill
provides
definitions
for
“governmental
entity”,
6
“health
insurance”,
“other
benefits”,
and
“prisoner”
for
the
7
purposes
of
the
bill.
8
The
bill
provides
that
a
prisoner
has
the
primary
9
responsibility
for
payment
of
the
costs
of
required
medical
aid
10
provided
to
the
prisoner.
11
Payment
and
reimbursement
for
medical
aid
provided
to
a
12
prisoner
is
to
be
sought
by
a
governmental
entity,
hospital,
or
13
medical
provider
in
accordance
with
the
bill.
14
A
governmental
entity
is
required
to
request
available
15
sources
of
health
insurance
or
other
benefits
from
a
prisoner
16
at
the
time
of
intake
into
a
county
jail
or
municipal
holding
17
facility.
If
identified,
the
governmental
entity
is
required
18
to
provide
the
prisoner’s
health
insurance
or
benefit
19
information
to
a
hospital
or
medical
provider
at
the
time
the
20
prisoner
is
presented
at
the
hospital
or
medical
provider
or
at
21
the
earliest
possible
opportunity.
22
A
hospital
or
medical
provider
is
required
to
request
23
available
sources
of
health
insurance
or
other
benefits
from
24
the
governmental
entity
and
the
prisoner
at
the
time
of
intake
25
at
or
admission
of
the
prisoner
to
the
hospital
or
medical
26
provider.
The
hospital
or
medical
provider
shall
utilize
the
27
health
insurance
or
other
benefits
identified
and
shall
seek
28
payment
for
medical
aid
through
the
prisoner’s
health
insurance
29
or
other
benefits
prior
to
a
request
for
reimbursement
being
30
presented
to
a
governmental
entity.
If
the
prisoner
is
31
entitled
to
health
insurance
or
other
benefits
to
pay
for
the
32
medical
aid,
any
amounts
not
met
by
the
prisoner’s
health
33
insurance
or
other
benefits
shall
be
the
responsibility
of
the
34
prisoner.
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If
health
insurance
is
denied
or
other
benefits
are
not
1
available
to
pay
for
medical
aid
provided
to
a
prisoner,
2
a
hospital
or
medical
provider
shall
submit
any
bill
for
3
reimbursement
of
medical
aid
to
the
governmental
entity
within
4
30
days
of
treatment
or
shall
submit
any
written
denial
of
5
coverage
to
the
governmental
entity
within
30
days
of
receipt
6
of
the
denial,
as
applicable.
The
governmental
entity
shall
7
submit
the
bill
for
reimbursement
within
30
days
of
receipt
of
8
the
bill
and
shall
remit
payment
to
the
hospital
or
medical
9
provider
in
the
governmental
entity’s
next
billing
cycle.
10
The
hospital
or
medical
provider
shall
be
reimbursed
by
the
11
governmental
entity
at
the
rate
negotiated
and
agreed
upon
by
12
the
hospital
or
medical
provider
and
the
governmental
entity.
13
If
a
rate
has
not
been
agreed
to,
the
governmental
entity
shall
14
reimburse
the
hospital
or
medical
provider
the
hospital’s
or
15
medical
provider’s
published
Medicaid
rate
for
such
treatment,
16
regardless
of
the
prisoner’s
eligibility
for
Medicaid.
17
Except
as
otherwise
provided
by
law,
a
governmental
entity
18
shall
not
be
responsible
for
payment
of
the
costs
of
any
19
medical
aid
provided
to
a
prisoner
if
such
medical
aid
is
20
provided
after
the
prisoner
is
released
from
the
custody
of
21
the
governmental
entity
or
when
the
individual
is
released
on
22
parole.
The
bill
does
not
preclude
a
city
or
a
county
from
23
seeking
reimbursement
from
a
prisoner
for
the
costs
of
medical
24
aid
incurred
by
the
city
or
county
for
the
prisoner’s
medical
25
aid.
Payment
for
medical
aid
provided
to
a
prisoner
at
a
26
state-funded
hospital
shall
be
provided
through
state
funds
27
received
by
the
hospital.
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