Bill Text: GA HB1291 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Penal institutions; reimburse jails for medical expenses; clarify types of insurance
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-03-24 - House Committee Favorably Reported [HB1291 Detail]
Download: Georgia-2009-HB1291-Comm_Sub.html
10 LC
35 1832S
The
House Committee on Insurance offers the following substitute to HB
1291:
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 amend Chapter 4A of Title 49 of the Official Code of Georgia
Annotated, relating to the Department of Juvenile Justice, so as to authorize
the Department of Juvenile Justice to collect individual medical insurance
reimbursement for a juvenile in the custody of the department who is covered by
medical insurance or other benefits; 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.
Chapter
4A of Title 49 of the Official Code of Georgia Annotated, relating to the
Department of Juvenile Justice, is amended by adding a new Code section to read
as follows:
"49-4A-15.
(a)
As used in this Code section, the term:
(1)
'Covered' means a juvenile who is insured under existing individual or family
health insurance, group health insurance, or prepaid medical care coverage or is
eligible for benefits under any federal or state medical care benefits
program.
(2)
'Custodian' means a parent or legal guardian or other person who stands in loco
parentis to the juvenile or a person to whom legal custody of the juvenile has
been given by order of a court or a public or private agency or other private
organization licensed or otherwise authorized by law to receive and provide care
for a child to which legal custody of the child has been given by order of a
court.
(3)
'Juvenile' means a delinquent or unruly child who is under the age of 18 and
detained in a juvenile detention facility by reason of being directed by a court
or other local public authority for an act of delinquency, the commission of a
crime, or other reason.
(4)
'Juvenile detention facility' means a detention facility controlled or operated
by the department which maintains custody of juveniles, including institutions,
youth detention centers, camps, or other detention facilities used for the
detention of juveniles.
(5)
'Medical care' means medical, dental, mental health, and optometry treatment,
including physical or mental health therapy, prescribed medicine, professional
services, and prosthetics, and all necessary and associated services incidental
to treatment such as transportation, hospitalization, and security.
(6)
'Officer in charge' means the superintendent or other person, or his or her
designee, having executive supervision of any juvenile detention
facility.
(b)
The officer in charge may obtain or require a juvenile or his or her custodian
or any state or local agency to furnish the following information:
(1)
The existence of any medical care insurance, group health plan, prepaid medical
care coverage, or state or federal medical care benefit program under which the
juvenile is covered;
(2)
The eligibility for benefits to which the juvenile is entitled;
(3)
The name and address of the third-party payor; and
(4)
The policy or other identifying number.
(c)
The officer in charge shall provide a sick, injured, or disabled juvenile access
to medical care and may arrange for the juvenile's medical care insurance
carrier or benefits program to pay the medical care provider for the medical
care rendered. Any medical care insurance or benefits program covering a
juvenile shall reimburse the department as requested by the officer in charge
for any payments made by the department on behalf of a juvenile which were
covered by insurance, a benefit program, or other medical care coverage. The
Department of Juvenile Justice shall be subrogated to the rights of a juvenile
to recover an amount not to exceed the costs to the department for providing
medical care to such juvenile.
(d)
The liability for payment for medical care described under this Code section
shall not be construed as requiring payment by any person or entity, except by
such insurance carrier or coverage program providing coverage or benefits for
the juvenile or at the direction of the Department of Community Health or other
agency administering such coverage benefits.
(e)
Nothing in this Code section shall be construed to relieve the governing
authority, governmental unit, subdivision, or agency having the physical custody
of a juvenile from its responsibility to pay for any medical care rendered to
such juvenile."
SECTION
4.
This
Act shall become effective on July 1, 2010.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.
