{"data":{"id":"us-ky/krs-441.053","jurisdiction":"us-ky","citation":"KRS 441.053","heading":"Required use of the Department of Corrections' pharmacy plan and","body":"medical, dental, and psychological care access plan -- Waivers -- Appeal --\nReimbursement not to exceed Medicaid rate.\n(1) Except as provided in subsection (2) of this section , each jail, regional jail,\nholdover, or other correctional facility owned or operated by a unit of local\ngovernment, combination of units of local government, or regional jail authority\nshall utilize the Department of Corrections' contract pharmacy plan.\n(2) (a) Except as provided in paragraph (b) of this subsection, the Department of\nCorrections shall, on a yearly basis, waive the requirement of subsection (1)\nof this section if the unit of local government, combination of units of local\ngovernment, or regional jail authority proves to the Department of Corrections\nthat the unit of local government, combination of units of local government,\nor regional jail authority has contracted with another vendor and that:\n1. The prescription plan covers pharmacy serv ices, drugs, and medicine in\na manner which is equal to or superior to the Department of Corrections'\ncontract pharmacy plan; and\n2. The cost of the prescription plan is equal to or less in total cost,\nincluding the product cost and all other costs associa ted with the\ndelivery of the drugs, than the Department of Corrections' contract\npharmacy plan.\n(b) If a unit of local government, combination of units of local government, or\nregional jail authority contracts with a private provider of comprehensive\nhealth services for inmates, then that private provider may elect not to use the\nDepartment of Corrections' contract pharmacy plan and a waiver under this\nsubsection shall not be required.\n(3) Except as provided in subsection (4) of this section, each jail, reg ional jail,\nholdover, or other correctional facility owned or operated by a unit of local\ngovernment, combination of units of local government, or regional jail authority\nshall utilize the Department of Corrections' contract medical, dental, and\npsychological care access plan, and the administrative service fee for the plan shall\nbe paid by the Department of Corrections subject to the limits of 2007 Ky. Acts ch.\n128, sec. 5.\n(4) The Department of Corrections may, on a yearly basis, waive the requirement of\nsubsection (3) of this section if the unit of local government, combination of units\nof local government, or regional jail authority proves to the Department of\nCorrections that the unit of local government, combination of units of local\ngovernment, or regional jail authority has contracted with another vendor and that:\n(a) The medical, dental, and psychological care access plan provides services and\naccess which is equal to or superior to the Department of Corrections' contract\nmedical, dental, and psychological care access plan; and\n(b) The cost of the medical, dental, and psychological care access plan is equal to\nor less in cost than the Department of Corrections' contract medical, dental,\nand psychological care access plan.\n(5) A unit of local government, combination of units of local government, or regional\njail authorit y may appeal a decision of the Department of Corrections denying a\nwaiver under subsection (2) or (4) of this section to the secretary of justice and\npublic safety.\n(6) No program specified in this section shall require or permit reimbursement at a rate\nin excess of the Kentucky Medicaid program for the same or similar services or\nproducts but may permit a lesser rate of reimbursement.","path":["KRS Chapter 441"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54811","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:55Z","sha256":"918ed86699772f90b74e39acb85606433cad21f882d21a5244eb8f8ed160765b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-441.052","next":"us-ky/krs-441.055"},"notice":"GroundRules: Original legal text. Not legal advice."}