302.386 Medical and dental services for prisoners and forensic patients.

321 words·~1 min read·/wi/chapter-302/302-386-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in sub.

(5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01 , in a juvenile correctional facility, or in a secured residential care center for children and youth, or to forensic patients in state institutions for those services that are not provided by employees of the department shall be limited to the amounts payable under ss. 49.43 to 49.471 , excluding ss. 49.468 and 49.471

(11), for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.

(2)The liability of the state for medical and dental services under sub.

(1)does not extend to that part of the medical or dental services of a resident housed in a prison identified in s. 302.01 , a juvenile correctional facility, or a secured residential care center for children and youth, for which any of the following applies:

(a)The resident has the financial ability to pay.

(b)The service is payable under any of the following:

1. A disability insurance policy under subch. VI of ch. 632 .

2. Worker’s compensation under ch. 102 .

3. Benefits from the state department of veterans affairs or the federal department of veterans affairs.

4. Hill-Burton benefits under 42 USC 291c (e).

5. Medicare benefits under 42 USC 1395 to 1395ccc , as limited by 42 USC 402 (x).

6. Third-party liability other than that in subds. 1. to 5.

(2m)The department shall collect moneys under sub.

(2)for medical and dental services furnished to residents under sub.

(1)and credit those moneys to the appropriation account under s. 20.410

(gi).