47-705. Sections; how construed; denial of medical services; damages.

(1) Sections 47-701 to 47-704 do not release any governmental agency from liability for the costs of medical services made necessary by the negligence, recklessness, or intentional misconduct of the agency or its employees or the costs of medical care resulting from an accident or occupational disease arising out of and in the course of the individual's performance of tasks assigned by the staff of the facility or institution holding that individual. Any recipient or provider of medical services or any insurer, health maintenance organization, preferred provider organization, or other similar source that may be responsible for the costs of medical services pursuant to sections 47-701 to 47-704 shall be entitled to reimbursement from the appropriate governmental agency for the costs of medical services made necessary by the negligence, recklessness, or intentional misconduct of the governmental agency or its employees or the costs of medical care resulting from an accident or occupational disease arising out of and in the course of the individual's performance of tasks assigned by the staff of the facility or institution holding that individual.

(2) Any person who denies medical services to any individual who is arrested, detained, taken into custody, or incarcerated, solely on the basis that the individual is without a policy, subscription, or agreement with an insurer, a health maintenance organization, a preferred provider organization, or other similar source of health insurance, is guilty of nonfeasance, shall be removed from his or her employment immediately, and shall be answerable in civil damages to the individual denied medical services.

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