KRS 441.052: Insurance coverage of prisoner -- Subrogation of rights to Department of

Corrections' contractee for medical and pharmaceutical services.

(1) When a unit of local government or regional jail authority facilitates medical care

for a prisoner confined i n the jail, holdover, or regional jail who has not been

convicted as a felon and who holds a policy, contract, or certificate of insurance

coverage in any form, the insurer shall be primary for payment of medically

necessary health care benefit claims provided the following conditions are met:

(a) The reimbursement shall be for medical, dental, or psychological claims that

are covered benefits under the terms and conditions of the health benefit plan

held by the prisoner;

(b) The reimbursement shall be appl ied under the terms and conditions of the

health benefit plan and in the same manner as though the insured were not a

prisoner; and

(c) All premiums for the health benefit plan are current.

(2) If the unit of local government, combination of units of local government, or

regional jail authority has contracted with the Department of Corrections under the

Department of Corrections' contract for medical, dental, or psychological care

access, or drugs, medicines, or pharmaceutical services, then the rights of t he local

government, combination of local governments, or regional jail authority shall be

subrogated to the contract provider of such services to the Department of

Corrections.

(3) If the unit of local government, combination of units of local government, or

regional jail authority has, with the approval of the Department of Corrections,

contracted with another pharmaceutical services provider, then the rights of the

local government, combination of local governments, or regional jail authority shall

be subrogated to the contract provider of medical, dental, or psychological care to

the local jail for access to drugs, medicines, or pharmaceutical services to the unit of

local government, combination of units of local government, or regional jail

authority.

(4) If a prisoner has been transferred from a local jail, regional jail, or holdover to the

Department of Corrections for medical care pursuant to KRS 441.560, then the

contract provider of drugs and pharmaceutical services or the contract provider of

medical, dental, or psychological care shall be subrogated to the provider of such

services to the Department of Corrections.