Information as to Inmate's Health Insurance or Eligibility for Benefits; Access to Medical Services; Liability for Payment; Inmate's Liability for Costs of Medical Care; Procedure for Recovery Against Inmate

  1. Law
  2. Georgia Code
  3. Penal Institutions
  4. Jails
  5. Medical Services for Inmates
  6. Information as to Inmate's Health Insurance or Eligibility for Benefits; Access to Medical Services; Liability for Payment; Inmate's Liability for Costs of Medical Care; Procedure for Recovery Against Inmate

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  1. The officer in charge or his or her designee may require an inmate to furnish the following information:
    1. The existence of any health 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.
  2. The officer in charge will provide a sick, injured, or disabled inmate access to medical services and may arrange for the inmate's health insurance carrier to pay the health care provider for the medical service rendered.
  3. The liability for payment for medical care described under subsection (b) of this Code section may not be construed as requiring payment by any person or entity, except by an inmate personally or his or her carrier through coverage or benefits described under paragraph (1) of subsection (a) of this Code section.
  4. If an inmate is not eligible for such health insurance benefits, then the inmate shall be liable for the costs of such medical care provided to the inmate and the assets and property of such inmate may be subject to levy and execution under court order to satisfy such costs. An inmate in a detention facility shall cooperate with the governing authority in seeking reimbursement under this article for medical care expenses incurred by the governing authority for that inmate. An inmate who willfully refuses to cooperate as provided in this Code section shall not receive or be eligible to receive any good-time allowance or other reduction of time to be served.
    1. An attorney for a governing authority may file a civil action to seek reimbursement from an inmate for the costs of medical care provided to such inmate while incarcerated.
    2. A civil action brought under this article shall be instituted in the name of the governing authority and shall state the date and place of sentence, the medical care provided to such inmate, and the amount or amounts due to the governing authority pursuant to this Code section.
    3. If necessary to protect the governing authority's right to obtain reimbursement under this article against the disposition of known property, the governing authority may seek issuance of an ex parte restraining order to restrain the defendant from disposing of the property pending a hearing on an order to show cause why the particular property should not be applied to reimbursement of the governing authority for the costs of medical care provided to the defendant as an inmate.
    4. To protect and maintain the property pending resolution of the matter, the court, upon request, may appoint a receiver.
  6. Before entering any order on behalf of the governing authority against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support.
  7. The court may enter a money judgment against the defendant and may order that the defendant's property is liable for reimbursement for the costs of medical care provided to the defendant as an inmate.
  8. The sentencing judge and the sheriff of any county in which a prisoner's property is located shall furnish to the attorney for the governing authority all information and assistance possible to enable the attorney to secure reimbursement for the governing authority under this article.
  9. The reimbursements secured under this article shall be credited to the general fund of the governing authority to be available for general fund purposes. The treasurer of such governing authority may determine the amount due the governing authority under this article and render sworn statements thereof. These sworn statements shall be considered prima-facie evidence of the amount due.
  10. 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.

(Code 1981, §42-4-51, enacted by Ga. L. 1992, p. 2125, § 2; Ga. L. 1996, p. 1264, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1992, "third-party" was substituted for "third party" in paragraph (a)(3).

JUDICIAL DECISIONS

Violation of duties.

- Court granted summary judgment to the United States in a suit alleging that conditions at a county jail violated the inmates' federal due process rights. A sheriff and the members of a county board of commissioners did not dispute that the conditions, including the denial of medical care, in violation of O.C.G.A. § 42-4-51, were unconstitutional, and the evidence showed that they had subjective knowledge of the conditions, including copies of the United States' investigation reports, and acted with indifference that exceeded negligence. United States v. Terrell County, 457 F. Supp. 2d 1359 (M.D. Ga. 2006).

Cited in Cherokee County v. North Cobb Surgical Assocs., P.C., 221 Ga. App. 496, 471 S.E.2d 561 (1996).

RESEARCH REFERENCES

ALR.

- Provision of hormone therapy or sexual reassignment surgery to state inmates with Gender Identity Disorder (GID), 89 A.L.R.6th 701.

ARTICLE 4 DEDUCTIONS FROM INMATE ACCOUNTS FOR EXPENSES

Code Commission notes.

- Ga. L. 1992, p. 2125, § 2, and Ga. L. 1992, p. 2942, § 1, both enacted a new Article 3 of Chapter 4. Pursuant to Code Section 28-9-5, in 1992, the article enacted by Ga. L. 1992, p. 2942, § 1, was redesignated Article 4 of Chapter 4.


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