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<section article="gcs" article_name="Correctional Services" number="11-205" title_number="11" title_name="Local Correctional Facilities" subtitle_number="2" subtitle_name="Safety, Health, and Welfare of Incarcerated Individuals">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>“Health care provider” has the meaning stated in § 19–132 of the Health – General Article.</text>
      </level>
      <level label="ii">
        <text>“Health care provider” does not include a hospital regulated by the Health Services Cost Review Commission.</text>
      </level>
    </level>
    <level label="3">
      <text>“Health care service” has the meaning stated in § 19–132 of the Health – General Article.</text>
    </level>
    <level label="4">
      <text>“Medicaid rate” means:</text>
      <level label="i">
        <text>the amount a health care provider would be paid for health care services under a contract or provider agreement with the Maryland Medical Assistance Program; or</text>
      </level>
      <level label="ii">
        <text>if the health care provider is a federally qualified health center, the amount that a federally qualified health center would be paid by the Maryland Medical Assistance Program using the payment methodology described in 42 U.S.C. § 1396a(bb).</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Liability for payment to a health care provider for any health care service provided to an incarcerated individual committed to a local correctional facility that is not provided on the premises of the facility may not exceed the lesser of:</text>
    <level label="1">
      <text>the actual amount billed by the health care provider for the health care service; or</text>
    </level>
    <level label="2">
      <text>the Medicaid rate for the health care service.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A county may elect to declare the provisions of this section inapplicable to the county by filing with the county health officer a written declaration by the highest official of the local correctional facility, approved by the chief executive officer of the county.</text>
    </level>
    <level label="2">
      <text>The highest official of the local correctional facility, with the approval of the chief executive officer of the county, may withdraw at any time an election made under paragraph (1) of this subsection.</text>
    </level>
  </level>
</section>
