§ 36-2-13-18 — Health care services provided to person subject to lawful detention

(a) As used in this section, "health care
services" includes health care items and procedures.
(b) As used in this section, "lawful detention" means the following:
(1) Arrest.
(2) Custody following surrender in lieu of arrest.
(3) Detention in a penal facility.
(4) Detention for extradition or deportation.
(5) Custody for purposes incident to any of the above, including
transportation, medical diagnosis or treatment, court appearances,
work, or recreation.
The term does not include supervision of a person on probation or
parole or constraint incidental to release with or without bail.
(c) This section does not apply to a person who is subject to lawful
detention and is:
(1) covered under private health coverage for health care services;
or
(2) willing to pay for the person's own health care services.
(d) A sheriff of a county may not release a person subject to lawful
detention solely for the purpose of preventing the county from being
financially responsible under IC 11-12-5 for health care services
provided to the person.
(e) If a county violates subsection (d), the county remains
financially responsible under IC 11-12-5 for health care services
provided to the person released from lawful detention.
(f) A county is financially responsible under IC 11-12-5 for health
care services provided to a person at a hospital if the person was
subject to lawful detention by the sheriff at the time the person entered
onto the hospital's premises.
(g) If a person is subjected to lawful detention after entering onto
the premises of a hospital, the county in which the hospital is located
is financially responsible under IC 11-12-5 for the health care services
provided to the person while the person is subject to lawful detention.
(h) For purposes of this section, if a sheriff brings a person subject
to lawful detention onto the premises of a hospital or subjects a person
to lawful detention after the person enters onto the premises of a
hospital, the sheriff shall remain on the premises of the hospital and
within reasonable proximity to the person while the person receives
health care services at the hospital unless:
(1) the person's medical condition renders the person incapable of
leaving the hospital; and
(2) the person does not pose a threat to hospital personnel or
property or to others at the hospital.
(i) This section does not prevent or limit the application of IC 11-12-5-5 concerning the making of copayments by a person confined
to a county jail.
(j) A county that is responsible for paying the medical care expenses
of a county jail inmate under IC 11-12-5-6 is responsible for paying the
medical care expenses of the inmate under this section.
(k) This section does not supersede a written agreement:
(1) between:
(A) a physician, a hospital, or another health care provider; and
(B) a sheriff;
concerning reimbursement for health care services provided to a
person subject to lawful detention; and
(2) entered into or renewed before July 1, 2009.

Legislative History

As added by P.L.80-2009, SEC.2. Amended by P.L.205-2011, SEC.2.