Reimbursement of medical expenses provided to inmates; claims shall be submitted in amount equal to Medicaid reimbursement rate.

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To: Corrections; Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Barnett

SENATE BILL NO. 2037

AN ACT TO AMEND SECTION 47-5-901, MISSISSIPPI CODE OF 1972, 1
TO CLARIFY THAT MEDICAL PROVIDERS SHALL SUBMIT CLAIMS FOR SERVICES 2
PROVIDED TO INMATES IN AN AMOUNT EQUAL TO THE MISSISSIPPI MEDICAID 3
REIMBURSEMENT RATE; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 47-5-901, Mississippi Code of 1972, is 6
amended as follows: 7
47-5-901. (1) (a) Any person committed, sentenced or 8
otherwise placed under the custody of the Department of 9
Corrections, on order of the sentencing court and subject to the 10
other conditions of this subsection, may serve all or any part of 11
his sentence in the county jail of the county wherein such person 12
was convicted if the Commissioner of Corrections determines that 13
physical space is not available for confinement of such person in 14
the state correctional institutions. Such determination shall be 15
promptly made by the Department of Corrections upon receipt of 16
notice of the conviction of such person. The commissioner shall 17
certify in writing that space is not available to the sheriff or 18
other officer having custody of the person. Any person serving 19
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his sentence in a county jail shall be classified in accordance 20
with Section 47-5-905. 21
(b) Any person committed, sentenced or otherwise placed 22
under the custody of the Department of Corrections, on order of 23
the sentencing court and subject to the other conditions of this 24
subsection, may serve all or any part of his or her sentence in 25
the county jail of the county wherein such person was convicted if 26
the sheriff or president of the board of supervisors, requests 27
such inmate or inmates. Upon such request, the department may 28
allow such inmate or inmates to serve all or any part of such 29
inmate's or inmates' sentence(s), as the case may be, in the 30
county of conviction of the inmate or inmates or the county of 31
request of a sheriff or board of supervisors outside the county of 32
conviction. Such determination shall be promptly made by the 33
Department of Corrections upon receipt of notice of the conviction 34
of such person. Whenever a request is denied for an inmate or 35
inmates, then the commissioner shall certify in writing to the 36
sentencing court, sheriff, or president of the board of 37
supervisors of a county, as the case may be, that such inmate or 38
inmates does not qualify to serve the sentence or sentences in the 39
county jail. Any person serving his sentence in a county jail 40
shall be classified in accordance with Section 47-5-905. 41
(2) If state prisoners are housed in county jails due to a 42
lack of capacity at state correctional institutions, the 43
Department of Corrections shall determine the cost for food and 44
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medical attention for such prisoners. The cost of feeding and 45
housing offenders confined in such county jails shall be based on 46
actual costs or contract price per prisoner. In order to maximize 47
the potential use of county jail space, the Department of 48
Corrections is encouraged to negotiate a reasonable per day cost 49
per prisoner, which in no event may exceed Twenty-five Dollars 50
($25.00) per day per offender, except as authorized in Section 51
47-5-909(2). 52
(3) (a) Upon vouchers submitted by the board of supervisors 53
of any county housing persons due to lack of space at state 54
institutions, the Department of Corrections shall pay to such 55
county, out of any available funds, the actual cost of food, or 56
contract price per prisoner, not to exceed Twenty-five Dollars 57
($25.00) per day per offender, except as authorized in Section 58
47-5-909(2), as determined under subsection (2) of this section 59
for each day an offender is so confined beginning the day that the 60
Department of Corrections receives a certified copy of the 61
sentencing order or five (5) days after the sentencing order is 62
sent, in writing, by such county to the department, whichever is 63
earlier, and will terminate on the date on which the offender is 64
released or otherwise removed from the custody of the county jail. 65
The department, or its contracted medical provider, will pay to a 66
provider of a medical service for any and all incarcerated persons 67
from a correctional or detention facility an amount based upon 68
negotiated fees as agreed to by the medical care service providers 69
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and the department and/or its contracted medical provider. In the 70
absence of negotiated discounted fee schedule, medical care 71
service providers will be paid by the department, or its 72
contracted medical service provider, an amount no greater than the 73
reimbursement rate applicable based on the Mississippi Medicaid 74
reimbursement rate. The board of supervisors of any county shall 75
not be liable for any cost associated with medical attention for 76
prisoners who are pretrial detainees or for prisoners who have 77
been convicted that exceeds the Mississippi Medicaid reimbursement 78
rate or the reimbursement provided by the Department of 79
Corrections, whichever is greater. All medical care service 80
providers shall submit medical claims at the applicable 81
Mississippi Medicaid reimbursement rate. This limitation applies 82
to all medical care services, durable and nondurable goods, 83
prescription drugs and medications. Such payment shall be placed 84
in the county general fund and shall be expended only for food and 85
medical attention for such persons. 86
(b) Upon vouchers submitted by the board of supervisors 87
of any county housing offenders in county jails pending a 88
probation or parole revocation hearing, the department shall pay 89
the reimbursement costs provided in paragraph (a). 90
(c) If the probation or parole of an offender is 91
revoked, the additional cost of housing the offender pending the 92
revocation hearing shall be assessed as part of the offender's 93
court cost and shall be remitted to the department. 94
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(4) A person, on order of the sentencing court, may serve 95
not more than twenty-four (24) months of his sentence in a county 96
jail if the person is classified in accordance with Section 97
47-5-905 and the county jail is an approved county jail for 98
housing state inmates under federal court order. The sheriff of 99
the county shall have the right to petition the Commissioner of 100
Corrections to remove the inmate from the county jail. The county 101
shall be reimbursed in accordance with subsection (2) of this 102
section. 103
(5) The Attorney General of the State of Mississippi shall 104
defend the employees of the Department of Corrections and 105
officials and employees of political subdivisions against any 106
action brought by any person who was committed to a county jail 107
under the provisions of this section. 108
(6) This section does not create in the Department of 109
Corrections, or its employees or agents, any new liability, 110
express or implied, nor shall it create in the Department of 111
Corrections any administrative authority or responsibility for the 112
construction, funding, administration or operation of county or 113
other local jails or other places of confinement which are not 114
staffed and operated on a full-time basis by the Department of 115
Corrections. The correctional system under the jurisdiction of 116
the Department of Corrections shall include only those facilities 117
fully staffed by the Department of Corrections and operated by it 118
on a full-time basis. 119
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ST: Reimbursement of medical expenses provided
to inmates; claims shall be submitted in amount
equal to Medicaid reimbursement rate.
(7) An offender returned to a county for post-conviction 120
proceedings shall be subject to the provisions of Section 99-19-42 121
and the county shall not receive the per-day allotment for such 122
offender after the time prescribed for returning the offender to 123
the Department of Corrections as provided in Section 99-19-42. 124
SECTION 2. This act shall take effect and be in force from 125
and after July 1, 2026. 126