1. (a) As used in this section, "accident and sickness insurance policy" means an insurance policy that provides one

   1. (1) or more of the types of insurance described as Class 1(b) or 2(a) insurance under IC 27-1-5-1 on an individual basis or a group basis.
2. (b) As used in this section, "enrollee" has the meaning set forth in IC 27-13-1-12 .
3. (c) As used in this section, "lawful detention" has the meaning set forth in IC 35-31.5-2-186 .
4. (d) As used in this section, "health maintenance organization" has the meaning set forth in IC 27-13-1-19 .

5. (e) An individual who is:

   1. (1) insured under an accident and sickness insurance policy; or

   2. (2) an enrollee under a health maintenance organization;

      shall submit a claim under the policy or plan for expenses resulting from health care services that are rendered to the individual while the individual is subject to lawful detention by a county sheriff.

6. (f) A county sheriff is not obligated to pay for health care services rendered to an individual while in the lawful detention of the sheriff to the extent that payment for the services is available under:

   1. (1) an accident and sickness insurance policy under which the individual is insured; or
   2. (2) a health maintenance organization under which the individual is an enrollee.

7. (g) If an individual to whom health care services are rendered while subject to lawful detention by a county sheriff fails or refuses to file a claim for payment of expenses resulting from the health care services, a claim for payment of the expenses may be filed by:

   1. (1) the sheriff; or

   2. (2) the health care provider that rendered the services;

      on behalf of the individual with the accident and sickness insurance policy under which the individual is insured or the health maintenance organization under which the individual is an enrollee.

As added by P.L.219-1991, SEC.1. Amended by P.L.26-1994, SEC.27; P.L.114-2012, SEC.146.