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Utah House rejects bill to require insurers to pay some inmate medical bills

Utah House of Representatives · March 9, 2009
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Summary

HB372, which would have allowed corrections officials to seek payment from inmates’ existing private insurance for certain medical care, failed after extended debate over premium impacts on small businesses and contract preemption; the House recorded 25 yes and 47 no.

Representative Ray brought HB372 to the floor to allow correctional facilities, in defined circumstances, to request payment from a covered person’s private insurance for medical care provided while in custody. Supporters argued the proposal could recoup costs and reduce the state’s medical expenditures for inmates; the sponsor emphasized amendments narrowing coverage to exclude self‑inflicted injuries and violent incidents and said the measure targeted cases where a policy was in force when custody began.

Opponents, led by Representative Keiser, called the measure a major policy shift that could raise premiums for small employers and small‑group plans, noting many small employer plans permit premium increases of up to 85% at renewal and that many policies explicitly exclude coverage for incarceration. Representative Dunnegan and others said the bill could override private‑contract exclusions and subject insurers and other policyholders to adverse selection and higher premiums. Representative Byrd and other members flagged potential downstream effects on small businesses and urged caution; multiple members recommended obtaining data from the Department of Corrections on how many inmates retain active coverage.

Sponsors said mitigation measures — such as excluding self‑inflicted claims, instances of prison violence and other high‑risk categories — and the expectation that the number of covered inmates is small would limit premium impacts. Questions remained about COBRA, how long a dependent’s policy remains in force, and whether insurers track incarceration in ways that would affect group renewals.

After extended floor debate, members voted to refer the matter to staff for filing by recording a final tally of 25 yes and 47 no; the motion failed to advance as drafted on the House floor.