As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 453


Representative Bacon 

Cosponsors: Representatives Setzer, McGregor, J., Evans, Yuko, Flowers, Wagner, Fessler, Sears, Gardner, Collier 



A BILL
To enact sections 505.59 and 753.022 of the Revised 1
Code regarding liability for medical care provided 2
to persons imprisoned in a municipal corporation's 3
institution or in the custody of a municipal 4
corporation's law enforcement officer.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 505.59 and 753.022 of the Revised 6
Code be enacted to read as follows:7

       Sec. 505.59.  As regards medical care that a health care 8
provider not employed by, or under contract with, a municipal 9
corporation provides to a person who, on a township's behalf, is 10
imprisoned in an institution under the control of a municipal 11
corporation, both of the following apply:12

       (A) The township is not liable for medical care that is not 13
medically necessary;14

       (B) The township's liability to pay or reimburse for medical 15
care that is medically necessary is limited to an amount 16
equivalent to the amount medicaid would pay for the care provided 17
if medicaid covers the same kind of necessary medical care.18

       Medical care is medically necessary only if it is nonelective 19
and a person authorized under Chapter 4731. of the Revised Code to 20
practice medicine and surgery or osteopathic medicine and surgery 21
determines that it cannot be postponed until after a person is 22
released from imprisonment without endangering the person's life 23
or health.24

       Sec. 753.022.  As regards medical care that a health care 25
provider not employed by, or under contract with, a municipal 26
corporation provides to a person who is imprisoned in an 27
institution under the control of, or who is in the custody of a 28
law enforcement officer of, the municipal corporation, both of the 29
following apply:30

       (A) The municipal corporation is not liable for medical care 31
that is not medically necessary;32

       (B) The municipal corporation's liability to pay or reimburse 33
for medical care that is medically necessary is limited to an 34
amount equivalent to the amount medicaid would pay for the care 35
provided if medicaid covers the same kind of necessary medical 36
care.37

       Medical care is medically necessary only if it is nonelective 38
and a person authorized under Chapter 4731. of the Revised Code to 39
practice medicine and surgery or osteopathic medicine and surgery 40
determines that it cannot be postponed until after a person is 41
released from imprisonment or custody without endangering the 42
person's life or health.43