It's up to the jailer of Harlan County to determine whether county prisoners needing emergency medical treatment can pay for it, the Kentucky Court of Appeals ruled Friday.
Kentucky law requires the jail to pay if a county prisoner is indigent.
Helton said he was not legally obligated to do so. The Harlan Circuit Court sided with him but was overturned. The appeals court said the jailer knows whether a prisoner has health insurance or money in a jail account. Judges Julia Tacket of Lexington and Rick Johnson of Mayfield joined in the opinion. The ruling favored John Fisher in his fight with the Transportation Cabinet.