22-4612. Payment rate county, city or law enforcement agency liable to pay health care provider for person in custody; exceptions.
22-4612
22-4612. Payment rate county, city or lawenforcement agency liable to pay health care provider for person in custody;exceptions.(a) Except as otherwise provided in this section, acounty, acity, a county or city law enforcement agency, a county department ofcorrections or the Kansashighway patrol shall be liable to pay a healthcare provider for health care services rendered to persons in the custody ofsuch agencies the lesser of the actual amount billed by such health careprovider or the medicaid rate. The provisions of this section shall not applyif a person in thecustody of a county or city law enforcement agency, a county department ofcorrections or the Kansas highway patrol is covered under a current individualor group accident and health insurance policy, medical service plan contract,hospital service corporation contract, hospital and medical service corporationcontract, fraternal benefit society or health maintenance organizationcontract.
(b) Nothing in this section shall prevent a county or city law enforcementagency, a county department of corrections, the Kansas highway patrol or suchagencies authorized vendors from entering into agreements with health careproviders for the provision of health care services at terms, conditions andamounts which are different than the medicaid rate.
(c) It shall be the responsibility of the custodial county or city lawenforcement agency, county department of corrections or the Kansas highwaypatrol or such agencies' agents, to determine, under agreement with the Kansashealth policy authority, the amount payable for the services provided and tocommunicate that determination along with the remittance advice and payment forthe services provided.
(d) Nothing in this section shall be construed to create a duty on the partof a health care provider to render health care services to a person in thecustody of a county or city law enforcement agency, a county department ofcorrections or the Kansas highway patrol.
(e) As used in this section:
(1) "County or city law enforcement agency"means a city police department,a county sheriff's department, a county law enforcement department as definedin K.S.A. 19-4401, and amendments thereto, or a law enforcement agencyestablished pursuant to the consolidated city-county powers in K.S.A. 12-345,and amendments thereto.
(2) "Health care provider" means a person licensed to practice any branch ofthe healing arts by the state board of healing arts, a person who holds atemporary permit to practice any branchof the healing arts issued by the state board of healing arts, a person engagedin a postgraduate training program approved by the state board of healing arts,a licensed physician assistant,a person licensed by the behavioral sciences regulatory board,a medical care facility licensed by thedepartment of health and environment, a podiatrist licensed by the state boardof healing arts, an optometrist licensed by the board of examiners inoptometry, a registerednurse, and advanced nurse practitioner, a licensed professional nurse who isauthorized to practice as a registered nurse anesthetist, a licensed practicalnurse, a licensed physical therapist, a professional corporation organizedpursuant to the professional corporation law of Kansas by persons who areauthorized by such law toform such a corporation and who are health care providers as defined by thissubsection, a Kansas limited liability company organized for the purpose ofrendering professional services by its members who are health care providers asdefined by this subsection and who are legally authorized to render theprofessional services for which the limited liability company is organized, apartnership of persons who are health care providers under this subsection, aKansas not-for-profit corporation organized for the purpose of renderingprofessional services by persons who are health care providers as defined bythis subsection, a dentist certified by the state board of healing arts toadminister anesthetics under K.S.A. 65-2899, and amendments thereto, apsychiatric hospitallicensed under K.S.A. 75-3307b, and amendments thereto, a licensed socialworker or a mental health center or mental health clinic licensed by thesecretary of social and rehabilitation services and any health care providerlicensed by the appropriate regulatory body in another state that has a currentapproved provider agreement with the Kansas health policy authority.
(3) "Medicaid rate" means the terms, conditions and amounts a health careprovider would be paid for health care services rendered pursuant to a contractor provider agreement with the Kansas health policy authority.
History: L. 2006, ch. 183, § 1; July 1.