Adopt the Local Option Provisions of 1966 Public Chapter 850 Regarding a Plan to Authorize the Jail/Workhouse Administrator to Charge Inmates a Co-Pay Amount for Medical Care

WHEREAS, Chapter 850 of the Public Acts of 1996, codified in Tennessee Code Annotated, Section 41-4-115, is a local option law which authorizes counties to establish and implement a plan to authorize the jail or workhouse administrator of the county to charge inmates a co-pay amount for any medical care, treatment or pharmacy services provided to the inmate by the county; and,

WHEREAS, the __________ County Legislative Body has determined that it is in the best interests of _________County that the county adopt the Act and establish a plan to seek co-pay amounts from inmates in the county jail or workhouse;

NOW, THEREFORE, BE IT RESOLVED by a two-thirds (2/3) vote of the _________ County Legislative Body meeting in _______________ session in ____________, Tennessee, on the ___ day of _____________, 20___, that:

SECTION 1. Pursuant to the provisions of Tennessee Code Annotated, Section 41-4-115(d), the jail or workhouse administrator of _________ County is authorized to seek, from an inmate incarcerated in a county jail or workhouse, a co-pay amount of five dollars ($5.00) per visit for any visit to a doctor’s office, medical clinic, hospital or other medical facility and a co-pay amount of one dollar and fifty cents ($1.50) per prescription for pharmacy services provided to the inmate by the county.

SECTION 2. This resolution shall not be construed as authorizing the county to deny medical care, treatment or pharmacy services to an inmate who cannot pay the co-pay amount established by this plan.

SECTION 3. Pursuant to the provisions of Tennessee Code Annotated, Section 41-4-115(e), if an inmate cannot pay the co-pay amounts established by Section 1 of this resolution, the jail or workhouse administrator is authorized to deduct the co-pay amount from such inmate’s commissary account or any other account or fund established by or for the benefit of such inmate while incarcerated.

SECTION 4. Pursuant to the provisions of Tennessee Code Annotated, Section 41-4-115(f), the jail or workhouse administrator is authorized to seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization or pharmacy services to an inmate incarcerated in such 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.

SECTION 5. This resolution shall be effective upon its passage by two-thirds (2/3) vote of the __________ County Legislative Body and approval, the public welfare requiring it.
Adopted this ______ day of ___________, 20___.


APPROVED:



________________________________
County Executive


ATTEST:



_______________________________
County Clerk