Title 42, Chapter 4, Section 51
( 42-4-51)
(a) 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. (b) 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. (c) 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. (d) 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. (e)(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. (f) 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. (g) 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. (h) 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. (i) 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. (j) 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. |