KRS 441.053: Required use of the Department of Corrections' pharmacy plan and

medical, dental, and psychological care access plan -- Waivers -- Appeal --

Reimbursement not to exceed Medicaid rate.

(1) Except as provided in subsection (2) of this section , each jail, regional jail,

holdover, or other correctional facility owned or operated by a unit of local

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

shall utilize the Department of Corrections' contract pharmacy plan.

(2) (a) Except as provided in paragraph (b) of this subsection, the Department of

Corrections shall, on a yearly basis, waive the requirement of subsection (1)

of this section if the unit of local government, combination of units of local

government, or regional jail authority proves to the Department of Corrections

that the unit of local government, combination of units of local government,

or regional jail authority has contracted with another vendor and that:

1. The prescription plan covers pharmacy serv ices, drugs, and medicine in

a manner which is equal to or superior to the Department of Corrections'

contract pharmacy plan; and

2. The cost of the prescription plan is equal to or less in total cost,

including the product cost and all other costs associa ted with the

delivery of the drugs, than the Department of Corrections' contract

pharmacy plan.

(b) If a unit of local government, combination of units of local government, or

regional jail authority contracts with a private provider of comprehensive

health services for inmates, then that private provider may elect not to use the

Department of Corrections' contract pharmacy plan and a waiver under this

subsection shall not be required.

(3) Except as provided in subsection (4) of this section, each jail, reg ional jail,

holdover, or other correctional facility owned or operated by a unit of local

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

shall utilize the Department of Corrections' contract medical, dental, and

psychological care access plan, and the administrative service fee for the plan shall

be paid by the Department of Corrections subject to the limits of 2007 Ky. Acts ch.

128, sec. 5.

(4) The Department of Corrections may, on a yearly basis, waive the requirement of

subsection (3) of this section if the unit of local government, combination of units

of local government, or regional jail authority proves to the Department of

Corrections that the unit of local government, combination of units of local

government, or regional jail authority has contracted with another vendor and that:

(a) The medical, dental, and psychological care access plan provides services and

access which is equal to or superior to the Department of Corrections' contract

medical, dental, and psychological care access plan; and

(b) The cost of the medical, dental, and psychological care access plan is equal to

or less in cost than the Department of Corrections' contract medical, dental,

and psychological care access plan.

(5) A unit of local government, combination of units of local government, or regional

jail authorit y may appeal a decision of the Department of Corrections denying a

waiver under subsection (2) or (4) of this section to the secretary of justice and

public safety.

(6) No program specified in this section shall require or permit reimbursement at a rate

in excess of the Kentucky Medicaid program for the same or similar services or

products but may permit a lesser rate of reimbursement.