2023 Tennessee Code › Title 41 - CORRECTIONAL INSTITUTIONS AND INMATES (§§ 41-1-101 — 41-51-302) › Chapter 4 - JAILS AND JAILERS (§§ 41-4-101 — 41-4-144) › Section 41-4-115 - Medical care of prisoners

(a)
The county legislative bodies alone have the power, and it is their duty, to provide medical care for all prisoners confined in the jail in their respective counties, except for federally or state funded medication for HIV positive patients pursuant to subsection (h). The county legislative bodies shall allow the county jail physician such compensation, to be paid by their respective counties, as may be fixed by the county legislative body agreed upon in writing between the county and the attending jail physician or as may be fixed by the county legislative body.
(b)
The state shall be liable for expenses incurred from emergency hospitalization and medical treatment rendered to any state prisoner incarcerated in a county jail or workhouse; provided, that the prisoner is admitted to the hospital. The sheriff of the county in which the state prisoner is incarcerated shall file a petition with the criminal court committing the state prisoner to the county jail or workhouse attaching to the petition a copy of the hospital bills of costs for the state prisoner. It is the duty of the court committing the state prisoner to the county jail or workhouse to examine bills of costs, and if the costs are proved, the court shall certify the fact thereon and forward a copy to the judicial cost accountant. The expenses for emergency hospitalization or medical treatment shall be paid in the same manner as court costs. Claims for incidents occurring after March 1, 1977, shall be reimbursed if otherwise authorized by this subsection (b).
(c)
The state shall be responsible for the transportation costs and cost of any guard necessary upon a state prisoner's admission to a hospital or required follow-up treatment. Reimbursement shall be made according to the procedures established by §
41-8-106
, but shall be in addition to the per diem established in §
41-8-106
.
(d)
Any county or municipality may, by resolution or ordinance adopted by a two-thirds (2/3) vote of its legislative body, establish and implement a plan authorizing the jail or workhouse administrator of the county or municipality to charge an inmate in the jail or workhouse a co-pay amount for any medical care, treatment, pharmacy services or substance abuse treatment by a licensed provider provided to the inmate by the county or municipality. The county or municipality adopting the co-pay plan shall establish the amount the inmate is required to pay for each service provided. Nothing in this subsection (d) shall be construed as authorizing a county or municipality to deny medical care, treatment, pharmacy services or substance abuse treatment by a licensed provider to an inmate who cannot pay the co-pay amount established by the plan.
(e)
If an inmate cannot pay the co-pay amount established by a plan adopted pursuant to subsection (d), the plan may authorize the jail or workhouse administrator to deduct the co-pay amount from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated.
(f)
Notwithstanding any other law to the contrary, a plan established pursuant to subsection (d) may also authorize the jail or workhouse administrator to seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization or pharmacy services to an inmate incarcerated in the jail or workhouse from an insurance company, health care corporation, TennCare or other source, if the inmate is covered by an insurance policy, TennCare or subscribes to a health care corporation or other source for those expenses.
(g)
No claim against the state for payment of expenses under this section shall be paid unless the claim is submitted to the department of correction within six (6) months from the date the services were provided.
(h)
Notwithstanding subsection (a), subject to the availability of federal or state funds and the satisfaction of requirements for use of such federal or state funds, the department of health may use federal or state funding for the payment of medication for inmates who are HIV positive.
(i)
Notwithstanding this section to the contrary, whenever an inmate is committed to a county jail or workhouse and the inmate is known or determined to be HIV positive, the sheriff or the sheriffs designee shall investigate and determine whether the inmate previously received prescription medication to treat the condition through a state department, agency, or program, including TennCare. Upon finding evidence that the inmate previously received such medication, or payments for the medication, from the state or through a state program, excluding the Ryan White HIV/AIDS program administered by the department of health, the sheriff or sheriffs designee shall notify the department of correction and file a claim for state funds, including reimbursement if applicable, for the payment of HIV medication for these inmates. The state department, agency, or program, including TennCare, but excluding the Ryan White HIV/AIDS program, that previously administered the treatment for the condition is liable for and shall pay the expenses for HIV medication for inmates who previously received prescription medication to treat the condition through the state department, agency, or program, including TennCare. The state may use federal funding to pay the medication expenses.
(j)
Notwithstanding this section to the contrary, when an inmate is committed to a county jail or workhouse and the inmate is known or determined to be HIV positive and the inmate was participating in the Ryan White HIV/AIDS program immediately prior to incarceration, the sheriff or sheriffs designee may transport the inmate to the location of the healthcare provider that was treating the patient immediately prior to incarceration for HIV treatment under the Ryan White HIV/AIDS program. Such healthcare provider shall continue HIV treatment for the inmate for the duration of the inmate's incarceration in a county jail or workhouse. The healthcare provider may treat the inmate via telemedicine upon request.
(k)
The following programs and plans shall not be liable for or required to pay expenses for HIV medication for an inmate unless the inmate is a currently enrolled member of such program or plan:
(1)
TennCare program, established under title 71, chapters; or
(2)
CoverKids program, established under title 71, chapter 3, part 11.
(I)
Subsection (i) does not apply to a state-sponsored health insurance plan issued under title 8, chapter 27, part 2, 3, or 7. Such state-sponsored health insurance plans must provide prescription medication coverage to an enrolled member according to the terms of the applicable health plan.
Amended by 2024 Tenn. Acts, ch. 999,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 469, s 2, eff. 5/17/2023.
Amended by 2023 Tenn. Acts, ch. 469, s 1, eff. 5/17/2023.
Acts 1877, ch. 160, § 1; 1885, ch. 95, § 5; Shan., § 7440; Code 1932, § 12046; Acts 1978, ch. 901, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 41-1115; Acts 1985 (1st Ex. Sess.), ch. 5, § 56; 1996, ch. 850, § 1; 2004, ch. 695, §1; 2014 , ch. 582, § 2.