§ 19-746. Liability for cost of medical care of persons in custody.

A.  When a person is in the custody of a county jail, the custodial county shall only be liable for the cost of medical care for conditions that are not preexisting prior to arrest and that arise due to acts or omissions of the county.  A preexisting condition is a condition for which the person received medical treatment or advice, or a condition which was diagnosed in the six (6) months preceding the custody of the person by the law enforcement agency.  An accidental injury sustained during the six (6) months preceding the custody of that person by the law enforcement agency will also be considered a preexisting condition.

B.  An inmate in pretrial detention or the custody of a county jail shall be provided with the opportunity to receive necessary medical care for a preexisting condition and the inmate shall be liable for payment of the cost of such medical care including, but not limited to, medication, medical treatment, and transportation costs, for or relating to the condition requiring treatment.

C.  The medical provider or hospital shall seek payment for all medical care provided for preexisting conditions directly from the offender.  In the event there is a dispute between the jail and the medical provider or hospital concerning the existence or extent of a preexisting condition or the liability to pay medical expenses relating to such condition, and the sheriff pays the expense pending a final determination of liability for such medical expense, the court shall order the offender to reimburse the sheriff for all medical care and treatment for preexisting conditions and injuries except for amounts collected pursuant to Section 531 of this title.  Nothing in this section shall require a jail to pay disputed medical expenses or expenses for any preexisting condition.

D.  Unless a contract exists between a hospital and the county for medical care and treatment of inmates in the county jail, a hospital shall accept, as payment in full, reimbursement from the county according to the current fee schedule of the State and Education Employees Group Insurance Board in effect at the time services were rendered; provided that payment of said services is made by the county within forty-five (45) calendar days of submission of a claim by the hospital.

Added by Laws 1991, c. 166, § 3, eff. July 1, 1991.  Amended by Laws 1998, c. 290, § 2, eff. July 1, 1998; Laws 2008, c. 139, § 1, eff. July 1, 2008; Laws 2010, c. 362, § 3, eff. Nov. 1, 2010.