260B.188 CHILDREN IN CUSTODY; RESPONSIBILITY FOR MEDICAL CARE.
    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, the MinnesotaCare program, or the general assistance medical care 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.
History: 1999 c 139 art 2 s 28