January 2011 Special Session
2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 21,
TO ASSEMBLY BILL 11
February 22, 2011 - Offered by Representative Radcliffe.
302.38 (1) of the statutes is amended to read:
If a prisoner needs medical or hospital care or is intoxicated or 5
incapacitated by alcohol the sheriff, superintendent,
or other keeper of the jail or 6
house of correction shall provide appropriate care or treatment and may transfer the 7
prisoner to a hospital or to an approved treatment facility under s. 51.45 (2) (b) and 8
(c), making provision for the security of the prisoner. The sheriff, superintendent, 9
or other keeper may provide appropriate care or treatment under this subsection for 10
a prisoner under 18 years of age and may transfer a prisoner under 18 years of age 11
under this subsection without obtaining the consent of the prisoner's parent, 12
or legal custodian. The sheriff, superintendent,
or other keeper shall
13charge a prisoner for the costs of providing any medical care or treatment that is a
1prescription drug or device while the prisoner is in the jail or house of correction, and
2the amount charged shall be an amount equivalent to the amount the department
3charges a prisoner under s. 302.386 (4) for the same prescription drug or device. The
4sheriff, superintendent, or other keeper
may charge a prisoner for the costs of 5
providing medical care other than medical care that is a prescription drug or device 6
to the prisoner while he or she is in the jail or house of correction. If the sheriff or 7
other keeper maintains a personal money account for an inmate's use for payment 8
for items from canteen, vending,
or similar services, the sheriff or other keeper may 9
make deductions from the account to pay for the charges under this subsection.
The governmental unit paying the costs of medical, dental,
hospital care under this section or under s. 302.386
, regardless of whether the care 13
is provided in or out of the jail or house of correction, may collect the value of the same 14
from the prisoner or the prisoner's estate. If the prisoner does not pay the moneys
15due to the governmental unit for care provided under this section or for care or for
16a deductible, coinsurance, copayment or similar charge due under s. 302.386 before
17he or she is released from a jail or house of correction, the governmental unit shall
18seek reimbursement from the prisoner after he or she is released.
If applicable, the 19
governmental unit may proceed to collect under this section or may seek 20
reimbursement under s. 302.372, but may not collect for the same expenses twice.
(a) Except as provided in par. (b) 1. and 2.
, the department may 23
require a resident housed in a prison identified in s. 302.01 or in a juvenile 24
correctional facility who receives medical or dental services to pay a deductible, 25
coinsurance, copayment, or similar charge upon the medical or dental service that
he or she receives. The department shall collect the allowable deductible, 2
coinsurance, copayment, or similar charge.
AB11-AA21, s. 364n
302.386 (3) (b) of the statutes is renumbered 302.386 (3) (b) 2. 4
and amended to read:
(b) 2. If the resident under par. (a) requests the medical services 6
or dental services, the department shall require the resident to pay the deductible, 7
or similar charge. The department may not charge the 8
person less than $2.50 for each request. The requirements under this
are subject to the exception and waiver provisions under par. (c).
(b) 1. If any medical or dental services the resident under par. (a) 12
receives is a prescription drug or device, the department shall require the resident 13
to pay a deductible, coinsurance, copayment, or similar charge, as determined under 14
sub. (4) (a), on the prescription drug or device. The requirements under this 15
subdivision are subject to the exception and waiver provisions under par. (c).
(a) The Subject to sub. (3) (b) 2., the
specific medical or dental 18
services on which a deductible, coinsurance, copayment,
or similar charge may be 19
imposed under sub. (3) (a) or must be imposed under sub. (3) (b).".
The treatment of sections 302.38 (1) and 302.386 (3) (a) and (4) (a) of the 23
statutes, the renumbering and amendment of section 302.386 (3) (b) of the statutes,
and the creation of section 302.386 (3) (b) 1. of the statutes first apply to medical 2
treatment received on the effective date of this subsection.".