§ 47-703 — Payment by governmental agency; when; notice to provider

(1) Upon a showing that reimbursement
from the sources enumerated in section 47-702 is not available, in whole or
in part, the costs of medical services shall be paid by the appropriate governmental
agency. Such payment shall be made within ninety days after such showing.
For purposes of this section, a showing shall be deemed sufficient if a provider
of medical services signs an affidavit stating that (a) in the case of an
insurer, health maintenance organization, preferred provider organization,
or other similar source, a written denial of payment has been issued or (b)
in all other cases, efforts have been made to identify sources and to collect
from those sources and more than one hundred eighty days have passed or the
normal collection efforts are exhausted since the medical services were rendered
but full payment has not been received. Such affidavit shall be forwarded
to the appropriate governmental agency. In no event shall the provider of
medical services be required to file a suit in a court of law or retain the
services of a collection agency to satisfy the requirement of showing that
reimbursement is not available pursuant to this section.
(2) In the case of medical services necessitated by injuries or wounds
suffered during the course of apprehension or arrest, the appropriate governmental
agency chargeable for the costs
of medical services shall be the apprehending or arresting agency and not the agency responsible for operation of the institution
or facility in which the recipient of the services is lodged.
In all other cases, the appropriate governmental agency shall be the agency
responsible for operation of the institution or facility in which the recipient
of the services is lodged, except that when the agency is holding the individual
solely for another jurisdiction, the agency may, by contract or otherwise,
seek reimbursement from the other jurisdiction for the costs of the medical
services provided to the individual being held for that jurisdiction.
(3) Except as provided in section 47-705 , a governmental agency shall
not be responsible for paying the costs of any medical services provided to
an individual if such services are provided after he or she is released from
the legal custody of the governmental agency or when the individual is released
on parole.
(4) Any governmental agency requesting medical services for an individual
who is arrested, detained, taken into custody, or incarcerated shall notify
the provider of such services of (a) all information possessed by the agency
concerning potential sources of payment and (b) the name of the appropriate
governmental agency pursuant to subsection (2) of this section.

Legislative History

Source: Laws 1999, LB 112, § 3; Laws 2012, LB881, § 1. Annotations: A court cannot declare which party is the appropriate governmental agency responsible for the costs of medical services unless there has been a showing that the recipient of medical services or its insurer cannot pay the medical provider in whole or in part. Chase County v. City of Imperial, 302 Neb. 395, 923 N.W.2d 428 (2019). Under this section, there is a low threshold regarding the adequacy of the affidavit the provider of services must submit to the agency to show that the costs of services have not been paid. Chase County v. City of Imperial, 302 Neb. 395, 923 N.W.2d 428 (2019). Upon a showing that the recipient of medical services or its insurer cannot pay the medical provider in whole or in part, this section provides that the costs of medical services shall be paid by the appropriate governmental agency. Chase County v. City of Imperial, 302 Neb. 395, 923 N.W.2d 428 (2019).