441.052 Insurance coverage of prisoner -- Subrogation of rights to Department of
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/ky/441-052A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Corrections' contractee for medical and pharmaceutical services.
(1)When a unit of local government or regional jail authority facilitates medical care
for a prisoner confined in the jail, holdover, or regional jail who has not been
convicted as a felon and who holds a policy, contract, or certificate of insurance
coverage in any form, the insurer shall be primary for payment of medically
necessary health care benefit claims provided the following conditions are met:
(a)The reimbursement shall be for medical, dental, or psychological claims that
are covered benefits under the terms and conditions of the health benefit plan
held by the prisoner;
(b)The reimbursement shall be applied under the terms and conditions of the
health benefit plan and in the same manner as though the insured were not a
prisoner; and
(c)All premiums for the health benefit plan are current.
(2)If the unit of local government, combination of units of local government, or
regional jail authority has contracted with the Department of Corrections under the
Department of Corrections' contract for medical, dental, or psychological care
access, or drugs, medicines, or pharmaceutical services, then the rights of the local
government, combination of local governments, or regional jail authority shall be
subrogated to the contract provider of such services to the Department of
Corrections.
(3)If the unit of local government, combination of units of local government, or
regional jail authority has, with the approval of the Department of Corrections,
contracted with another pharmaceutical services provider, then the rights of the
local government, combination of local governments, or regional jail authority shall
be subrogated to the contract provider of medical, dental, or psychological care to
the local jail for access to drugs, medicines, or pharmaceutical services to the unit of
local government, combination of units of local government, or regional jail
authority.
(4)If a prisoner has been transferred from a local jail, regional jail, or holdover to the
Department of Corrections for medical care pursuant to KRS 441.560, then the
contract provider of drugs and pharmaceutical services or the contract provider of
medical, dental, or psychological care shall be subrogated to the provider of such
services to the Department of Corrections.