Subdivision 1. Medical aid. If a child is taken into custody as provided in section 260B.175 and detained in a local juvenile secure detention facility or shelter care facility, or if a child is sentenced by the juvenile court to a local correctional facility as defined in section 241.021, subdivision 1, paragraph (f), the child's county of residence shall pay the costs of medical services provided to the child during the period of time the child is residing in the facility. The county of residence is entitled to reimbursement from the child or the child's family for payment of medical bills to the extent that the child or the child's family has the ability to pay for the medical services. If there is a disagreement between the county and the child or the child's family concerning the ability to pay or whether the medical services were necessary, the court with jurisdiction over the child shall determine the extent, if any, of the child's or the family's ability to pay for the medical services or whether the services are necessary. If the child is covered by health or medical insurance or a health plan when medical services are provided, the county paying the costs of medical services has a right of subrogation to be reimbursed by the insurance carrier or health plan for all amounts spent by it for medical services to the child that are covered by the insurance policy or health plan, in accordance with the benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or health plan. The county may maintain an action to enforce this subrogation right. The county does not have a right of subrogation against the medical assistance program or the MinnesotaCare program.
Subd. 2. Intake procedure; health coverage. As part of its intake procedure for children, the official having custody over the child shall ask the child or the child's family, as appropriate, whether the child has health coverage. If the child has coverage under a policy of accident and health insurance regulated under chapter 62A, a health maintenance contract regulated under chapter 62D, a group subscriber contract regulated under chapter 62C, a health benefit certificate regulated under chapter 64B, a self-insured plan, or other health coverage, the child or the child's family, as appropriate, shall provide to the official having custody over the child the name of the carrier or administrator and other information and authorizations necessary for the official having custody over the child to obtain specific information about coverage.
Subd. 3. Obtaining health care in compliance with coverage. A county board may authorize the officials having custody over children to fulfill the county board's obligation to provide the medical aid required by subdivision 1 in accordance with the terms of the health plan covering the child, where possible, subject to any rules and exceptions provided by the county board. The official having custody over a child has no obligation to the child or to the child's family to obtain the child's health care in accordance with the child's health coverage.
Subd. 4. Scope. Subdivisions 1, 2, and 3 apply to any medical aid, including dental care, provided to children held in custody by the county as described in subdivision 1.
1999 c 139 art 2 s 28; 2016 c 158 art 2 s 113
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Section 260B.001 — Title, Intent, And Construction.
Section 260B.002 — Policy On Disproportionate Minority Contact.
Section 260B.005 — Scope Of Victim Rights.
Section 260B.007 — Definitions.
Section 260B.008 — Use Of Restraints.
Section 260B.050 — Expert Assistance.
Section 260B.060 — County Home Schools.
Section 260B.070 — Existing Home Schools Continued.
Section 260B.080 — Detention Homes.
Section 260B.101 — Jurisdiction.
Section 260B.103 — Transfers From Other Courts.
Section 260B.125 — Certification.
Section 260B.130 — Extended Jurisdiction Juvenile Prosecutions.
Section 260B.143 — Procedure; Juvenile Petty And Misdemeanor Offenders.
Section 260B.151 — Summons; Notice.
Section 260B.152 — Service Of Summons, Notice.
Section 260B.154 — Failure To Obey Summons Or Subpoena; Contempt, Arrest.
Section 260B.157 — Investigation; Physical And Mental Examination.
Section 260B.159 — Classification System For Juvenile Offenders.
Section 260B.168 — Compliance With Indian Child Welfare Act.
Section 260B.175 — Taking Child Into Custody.
Section 260B.1755 — Alternative To Arrest Of Certain Juvenile Offenders Authorized.
Section 260B.176 — Release Or Detention.
Section 260B.178 — Detention Hearing.
Section 260B.181 — Place Of Temporary Custody; Shelter Care Facility.
Section 260B.185 — Extension Of Detention Period.
Section 260B.188 — Children In Custody; Responsibility For Medical Care.
Section 260B.193 — Dispositions; General Provisions.
Section 260B.198 — Dispositions; Delinquent Child.
Section 260B.199 — Placement Of Juvenile Offenders At Minnesota Correctional Facility-red Wing.
Section 260B.201 — Mandatory Commitment To Commissioner Of Corrections.
Section 260B.225 — Juvenile Traffic Offender; Procedures; Dispositions.
Section 260B.235 — Petty Offenders; Procedures; Dispositions.
Section 260B.240 — County Responsibility For Transitional Services Plans.
Section 260B.245 — Effect Of Juvenile Court Proceedings.
Section 260B.255 — Juvenile Court Disposition Bars Criminal Proceeding.
Section 260B.331 — Costs Of Care.
Section 260B.411 — New Evidence.
Section 260B.441 — Cost, Payment.
Section 260B.446 — Distribution Of Funds Recovered For Assistance Furnished.