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H. B. No. 453 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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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
Code regarding liability for medical care provided
to persons imprisoned in a municipal corporation's
institution or in the custody of a municipal
corporation's law enforcement officer.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.59 and 753.022 of the Revised
Code be enacted to read as follows:
Sec. 505.59. As regards medical care that a health care
provider not employed by, or under contract with, a municipal
corporation provides to a person who, on a township's behalf, is
imprisoned in an institution under the control of a municipal
corporation, both of the following apply:
(A) The township is not liable for medical care that is not
medically necessary;
(B) The township's liability to pay or reimburse for medical
care that is medically necessary is limited to an amount
equivalent to the
amount medicaid would pay for the care provided
if medicaid covers
the same kind of necessary medical care.
Medical care is medically necessary only if it is nonelective
and a person authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery
determines that it
cannot be postponed until after a person is
released from
imprisonment without endangering the person's life
or health.
Sec. 753.022. As regards medical care that a health care
provider not employed by, or under contract with, a municipal
corporation provides to a person who is imprisoned in an
institution under the control of, or who is in the custody of a
law enforcement officer of, the municipal corporation, both of the
following apply:
(A) The municipal corporation is not liable for medical care
that is not medically necessary;
(B) The municipal corporation's liability to pay or reimburse
for medical care that is medically necessary is limited to an
amount
equivalent to the amount medicaid would pay for the care
provided
if medicaid covers the same kind of necessary medical
care.
Medical care is medically necessary only if it is nonelective
and a person authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery
determines that it
cannot be postponed until after a person is
released from
imprisonment or custody without endangering the
person's life or
health.
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