31-163. Subrogation
A. If a county provides health services to an inmate or a juvenile detainee, the county has the right of subrogation against the individual's right of recovery from any source to the extent of the costs of services provided.
B. The county is entitled to a lien for the charges for hospital or medical care and treatment of an ill or injured inmate for whom the sheriff is responsible on any and all claims for damages accruing to the inmate to whom hospital or medical service is rendered, or to the legal representative of the inmate, on account of injuries that gave rise to the claims and that necessitated the hospital or medical care and treatment.
C. A commercial health benefits insurer shall not deny benefits to an otherwise eligible person who is in the custody of the sheriff.
D. If another jurisdiction except a city or town is primarily responsible for an incarcerated person who is in the custody of the sheriff, the entity is responsible for the medical and health care costs that are incurred by the incarcerated person, except that the entity is not responsible for those health services that are covered under a contract between the county and the entity for prisoner per diem reimbursements.
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