10 LC
35 1645
House
Bill 1291
By:
Representatives Horne of the
71st
and Pruett of the
144th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 42 of the Official Code of Georgia Annotated, relating to penal
institutions, so as to clarify the types of individual medical insurance
coverage which may reimburse jails for medical expenses; to authorize the state
to collect individual medical insurance funds if an inmate has medical insurance
coverage; to provide for related matters; to provide an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by revising paragraph (4) of Code Section 42-4-50, relating to
definitions relative to medical services of inmates in jails, as
follows:
"(4)
'Medical care'
includes
means
medical attention, dental care,
mental health
care, optometry care, physical or mental health
therapy, and
prescribed
medicine and
prosthesis and necessary and associated
medical,
dental, mental health treatment, or
optometry costs such as transportation,
hospitalization,
guards, room, and board."
SECTION
2.
Said
title is further amended by revising Code Section 42-5-54, relating to
information from inmates relating to medical insurance, as follows:
"42-5-54.
(a)
As used in this Code section, the term:
(1)
'Detention facility' means a
state,
county, or
private prison, correctional institution,
workcamp, or other
county
detention facility used for the detention
of persons convicted of a felony or a misdemeanor.
(2)
'Inmate' means a person who is detained in a detention facility by reason of
being convicted of a felony or a misdemeanor and who is insured under existing
individual health insurance, group health insurance, or prepaid medical care
coverage or is eligible for benefits under Article 7 of Chapter 4 of Title 49,
the 'Georgia Medical Assistance Act of 1977.'
Such term
does not include any sentenced inmate who is the responsibility of the
Department of Corrections.
(3)
'Medical care' means medical, dental, mental health, and optometry treatment,
including physical or mental health therapy, prescribed medicine, professional
services, and prosthesis, and all necessary and associated services incidental
to treatment such as transportation, hospitalization, and security.
(3)(4)
'Officer in charge' means the warden, captain, or superintendent
or other
person having the supervision of any
detention facility.
(b)
The officer in charge or his or her designee may require an inmate to furnish
the following information:
(1)
The existence of any
health
medical
care insurance, group health plan, or
prepaid medical care coverage under which the inmate is insured;
(2)
The eligibility for benefits to which the inmate is entitled under Article 7 of
Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of
1977';
(3)
The name and address of the third-party payor; and
(4)
The policy or other identifying number.
(c)
The officer in charge
will
shall
provide a sick, injured, or disabled inmate access to medical
services
care
and may arrange for the inmate's health insurance carrier to pay the health care
provider for the medical
services
care
rendered.
(d)
The liability for payment for medical care described under
subsection
subsections
(b) and
(c) of this Code section
may
shall
not be construed as requiring payment by any person or entity, except by an
inmate personally or by his or her carrier through coverage or benefits
described under paragraph (1) of subsection (b) of this Code section or by or at
the direction of the Department of Community Health pursuant to paragraph (2) of
such subsection.
(e)
Nothing in this Code section shall be construed to relieve the governing
authority, governmental unit, subdivision, or agency having the physical custody
of an inmate from its responsibility to pay for any medical and hospital care
rendered to such inmate regardless of whether such individual has been convicted
of a crime."
SECTION
3.
This
Act shall become effective on July 1, 2010.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.