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2014 Op. La. Att'y Gen. 1 (2014)

handle is hein.sag/sagla2014 and id is 1 raw text is: February 26, 2014
OPINION 14-0001
Mr. Douglas L. Stokes                 46-A Fees and Costs
Assistant District Attorney           La. R.S. 15:824
2nd  Judicial District                Absent a contractual agreement, La. R.S. 15:824(B)(1)(c) does
Jackson, Bienville and Claiborne Parishes  not authorize reimbursement of emergency medical expenses
P.O. Box 459                          for inmates committed to the Department of Public Safety and
Jonesboro, LA  71251                  Corrections at the Medicaid rate.
Dear Mr. Stokes:
Our office received your request for an opinion as to whether La. R.S. 15:824(B)(1)(c)
authorizes reimbursement of emergency medical expenses for inmates committed to
the Department of Public Safety and Corrections (Department) at the Medicaid rate.
La. R.S.15:824(B)(1)(c) governs reimbursement of extraordinary medical expenses of
inmates committed to the Department and states in pertinent part, as follows:
In addition, the department shall reimburse the cost of extraordinary
medical expenses incurred in emergency circumstances when the health
of the inmate requires the use of the closest services available. The
department shall not be liable to pay to a health care provider for health
care services provided to a prisoner in an amount greater than the lesser
of the actual amount billed by the health care provider, one hundred ten
percent of the Medicare rate of compensation, or the health care
provider's actual costs, unless the rate of compensation for such health
care services is subject to a contractual agreement entered into between
the department and the health care provider.
According to the provisions of La. R.S. 15:824(B)(1)(c), the Department shall not be
liable for an amount greater than the lesser of the actual amount billed by the health
care provider, one hundred ten percent of the Medicare rate of compensation, or the
health care provider's actual costs, unless the parties contracted for reimbursement at a
different rate.
According to the information in your request, in the past the Department reimbursed
Jackson Parish Ambulance Service District for the transport of inmates at the Medicare

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