Senate Bill 185
By: Senators Robertson of the 29th, Gooch of the 51st, Albers of the 56th, Summers of the
13th, Burns of the 23rd and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to
correctional institutions of state and counties, so as to prohibit the use of state funds or
resources for certain treatments for state inmates; to provide for the adoption of rules and
regulations by the Board of Corrections relating to such prohibitions and exceptions; to
provide for a definition; to provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to correctional
institutions of state and counties, is amended by revising Code Section 42-5-2, relating to
responsibilities of governmental unit with custody of inmate, costs of emergency and
follow-up care, access to medical services or hospital care, and hospital requirements for
providing emergency health care services to state inmates, as follows:
"42-5-2.
(a) <ins>As used in this Code section, the term 'state inmate' means any inmate in the custody
of the department and for whom the department shall be responsible for the payment of
medical care.
(b)</ins> Except as provided in subsection <del>(b)(c)</del> of this Code section, it shall be the
responsibility of the governmental unit, subdivision, or agency having the physical custody
of an inmate to maintain the inmate, furnishing <del>him</del> <ins>such inmate</ins> food, clothing, and any
needed medical and hospital attention; to defend any habeas corpus or other proceedings
instituted by or on behalf of the inmate; and to bear all expenses relative to any escape and
recapture, including the expenses of extradition. Except as provided in subsection <del>(b)(c)
</del> of this Code section, it shall be the responsibility of the department to bear the costs of any
reasonable and necessary emergency medical and hospital care which is provided to any
inmate after the receipt by the department of the notice provided by subsection (a) of Code
Section 42-5-50 who is in the physical custody of any other political subdivision or
governmental agency of this state, except a county correctional institution, if the inmate is
available and eligible for the transfer of his custody to the department pursuant to Code
Section 42-5-50. Except as provided in subsection <del>(b)(c)</del> of this Code section, the
department shall also bear the costs of any reasonable and necessary follow-up medical or
hospital care rendered to any such inmate as a result of the initial emergency care and
treatment of the inmate. With respect to state inmates housed in county correctional
institutions, the department shall bear the costs of direct medical services required for
emergency medical conditions posing an immediate threat to life or limb if the inmate
cannot be placed in a state institution for the receipt of this care. The responsibility for
payment will commence when the costs for direct medical services exceed an amount
specified by rules and regulations of the <del>Board of Corrections</del> <ins>board.</ins> The department will
pay only the balance in excess of the specified amount. Except as provided in subsection
<del>(b)(c)</del> of this Code section, it shall remain the responsibility of the governmental unit
having the physical custody of an inmate to bear the costs of such medical and hospital
care, if the custody of the inmate has been transferred from the department pursuant to any
order of any court within this state. The department shall have the authority to promulgate
rules and regulations relative to payment of such medical and hospital costs by the
department.
(b)(c)(1) The officer in charge will provide an inmate access to medical services or
hospital care and may arrange for the inmate's health insurance carrier to pay the health
care provider for the services or care rendered as provided in Article 3 of Chapter 4 of
this title.
(2) With respect to an inmate covered under Article 3 of Chapter 4 of this title, the costs
of any medical services, emergency medical and hospital care, or follow-up medical or
hospital care as provided in subsection <ins>(a)(b)</ins> of this Code section for which a local
governmental unit is responsible shall mean the costs of such medical services and
hospital care which have not been paid by the inmate's health insurance carrier or the
Department of Community Health.
<ins>(c)(d)</ins> A hospital authority or hospital which is not a party to a contract with the <del>Georgia
Department of Corrections</del> <ins>department</ins> or its agents on July 1, 2009, shall be reimbursed
no more than the applicable Georgia Medicaid rate for emergency services provided to
such state inmate. <del>For purposes of this subsection, the term 'state inmate' means any
inmate for whom the Georgia Department of Corrections shall be responsible for the
payment of medical care thereof.</del> Nothing in this Code section shall prohibit the <del>Georgia
Department of Corrections</del> <ins>department</ins> from negotiating higher fees or rates with health
care providers. It is the intent of the General Assembly that the Georgia Department of
<del>Corrections</del> <ins>department</ins> or its agents enter into negotiations with health care providers to
contract for the provision of services as provided in this Code section.
<ins>(e)(1) Except as otherwise provided for in paragraph (2) of this subsection, no state funds
or resources shall be used for the following treatments for state inmates:
</ins>
<ins>(A) Sex reassignment surgeries or any other surgical procedures that are performed for
the purpose of altering primary or secondary sexual characteristics;
(B) Hormone replacement therapies; and
(C) Cosmetic procedures or prosthetics intended to alter the appearance of primary or
secondary sexual characteristics.
(2) The board shall adopt rules and regulations regarding the procedures and therapies
prohibited by this subsection, which shall provide for the following limited instances in
which the treatments set forth in paragraph (1) of this subsection shall be authorized:
(A) Treatments for medical conditions where such treatments are considered
medically necessary, provided that such condition is not gender dysphoria or the
purpose of such treatment is not for sex reassignment;
(B) Treatments for individuals born with a medically verifiable disorder of sex
development, including individuals born with ambiguous genitalia or chromosomal
abnormalities resulting in ambiguity regarding the individual's biological sex;
(C) Treatments for individuals with partial androgen insensitivity syndrome; and
(D) Hormone replacement therapy treatment for state inmates who were being treated
with such therapy prior to the effective date of this Act, provided that the provision of
such therapy is solely for the purpose of transitioning off such therapy."
</ins> SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.