LRB-1609/1
PJH:nwn:rs
2011 - 2012 LEGISLATURE
April 7, 2011 - Introduced by Representatives Radcliffe, Krug, Bernier, Kerkman,
Thiesfeldt, Danou, Kleefisch and Mursau. Referred to Committee on
Criminal Justice and Corrections.
AB76,1,3
1An Act to renumber and amend 302.386 (3) (b);
to amend 302.38 (1) and
2302.386 (4) (a); and
to create 302.386 (3) (b) 1. of the statutes;
relating to: costs
3of prescription drugs and devices for incarcerated persons.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Corrections (DOC) may require a
prisoner in a secured correctional facility for adults or juveniles to pay a deductible,
coinsurance, copayment, or similar charge if the prisoner receives medical or dental
care. DOC must establish by rule the amounts to charge for the services. Under this
bill, DOC must generally require such a prisoner to pay a deductible, coinsurance,
copayment, or similar charge for prescription drugs or devices. DOC must establish
by rule the amount to charge for each prescription drug or device.
Under current law, a sheriff may charge a county jail prisoner for costs of
medical care provided to the prisoner in a jail. Under this bill, the sheriff must charge
a county jail prisoner for prescription drugs and devices provided to the county jail
prisoner in jail. The amount the sheriff must charge is the amount DOC establishes
by rule for the same prescription drug or device provided to a prisoner in a prison.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB76, s. 1
1Section
1. 302.38 (1) of the statutes is amended to read:
AB76,2,202
302.38
(1) If a prisoner needs medical or hospital care or is intoxicated or
3incapacitated by alcohol the sheriff, superintendent
, or other keeper of the jail or
4house of correction shall provide appropriate care or treatment and may transfer the
5prisoner to a hospital or to an approved treatment facility under s. 51.45 (2) (b) and
6(c), making provision for the security of the prisoner. The sheriff, superintendent
, 7or other keeper may provide appropriate care or treatment under this subsection for
8a prisoner under 18 years of age and may transfer a prisoner under 18 years of age
9under this subsection without obtaining the consent of the prisoner's parent,
10guardian
, or legal custodian. The sheriff, superintendent
, or other keeper
shall
11charge a prisoner for the costs of providing any medical care or treatment that is a
12prescription drug or device while the prisoner is in the jail or house of correction, and
13the amount charged shall be an amount equivalent to the amount the department
14charges a prisoner under s. 302.386 (4) for the same prescription drug or device. The
15sheriff, superintendent, or other keeper may charge a prisoner for the costs of
16providing medical care
other than medical care that is a prescription drug or device 17to the prisoner while he or she is in the jail or house of correction. If the sheriff or
18other keeper maintains a personal money account for an inmate's use for payment
19for items from canteen, vending
, or similar services, the sheriff or other keeper may
20make deductions from the account to pay for the charges under this subsection.
AB76, s. 2
21Section
2. 302.386 (3) (b) of the statutes is renumbered 302.386 (3) (b) 2. and
22amended to read:
AB76,3,223
302.386
(3) (b) 2. If the resident under par. (a) requests the medical services
24or dental services, the department shall require the resident to pay the deductible,
25coinsurance, copayment
, or similar charge. The department may not charge the
1person less than $2.50 for each request. The requirements under this
paragraph 2subdivision are subject to the exception and waiver provisions under par. (c).
AB76, s. 3
3Section
3. 302.386 (3) (b) 1. of the statutes is created to read:
AB76,3,84
302.386
(3) (b) 1. If any medical or dental services the resident under par. (a)
5receives is a prescription drug or device, the department shall require the resident
6to pay a deductible, coinsurance, copayment, or similar charge, as determined under
7sub. (4) (a), on the prescription drug or device. The requirements under this
8subdivision are subject to the exception and waiver provisions under par. (c).
AB76, s. 4
9Section
4. 302.386 (4) (a) of the statutes is amended to read:
AB76,3,1210
302.386
(4) (a)
The Subject to sub. (3) (b) 2., the specific medical or dental
11services on which a deductible, coinsurance, copayment
, or similar charge may be
12imposed under sub. (3) (a) or must be imposed under sub. (3) (b).
AB76,3,1514
(1) This act first applies to medical treatment received on the effective date of
15this subsection.
