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S4233
SENATE, No. 4233
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 14, 2026
Sponsored by:
Senator� BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
SYNOPSIS
���� Concerns health care services provided to
incarcerated individuals.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning health care services provided to
incarcerated individuals, amending and supplementing P.L.1995, c.254, and
repealing section 4 of P.L.1995, c.254.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1. Section 2 of P.L.1995,
c.254 (C.30:7E-2) is amended to read as follows:
���� 2.� a.� An inmate shall
not
be liable for the cost of
[
,
and be charged a nominal fee for, any
]
medical care, surgery, dental care, hospitalization or treatment provided to
the inmate during the inmate's term of incarceration or detention by the State
or a county.�
[
If
the inmate is incarcerated or detained in a State correctional facility or
State contracted half-way house, the amount due and payable and the nominal
fees charged under the provisions of this act shall be determined by the State
Treasurer in accordance with guidelines promulgated by the commissioner.� If
the inmate is incarcerated or detained in a county jail, the amount due and
payable and the nominal fees charged under the provisions of this act shall be
determined by the county treasurer in accordance with guidelines promulgated by
the county adjustor.
]
���� b. �� An inmate may
not
be charged
[
either
the full cost of or a nominal fee
]
for
[
any
]
a
prescription
or nonprescription drug or medicine provided to the inmate during the inmate's
term of incarceration or detention by the State or a county.�
[
If the inmate
is incarcerated or detained in a State correctional facility or State
contracted half-way house, the cost or nominal fees charged under the
provisions of this act shall be determined by the State Treasurer in accordance
with guidelines promulgated by the commissioner.� If the inmate is incarcerated
or detained in a county jail, the amount due and payable and the nominal fees
charged under the provisions of this act shall be determined by the county
treasurer in accordance with guidelines promulgated by the county adjustor.
]
(cf: P.L.1995, c.254, s.2)
���� 2. Section 3 of P.L.1995,
c.254 (C.30:7E-3) is amended to read as follows:
���� 3.� a.� Whenever the court
shall determine, from its due consideration of the presentence report prepared
in accordance with the provisions of N.J.S.2C:44-6 or any pretrial
investigation or report, that a person to be sentenced to a term of
imprisonment or ordered to detention in a State correctional facility or county
jail is an enrollee or a covered person under a health insurance plan, it
shall, as part of the disposition imposing the term of imprisonment or order
providing for detention, so notify the commissioner or the chief administrative
officer of the appropriate county jail.
���� b. �� The State Treasurer or
county treasurer shall file a claim with the health insurance plan for a
reimbursement of the costs incurred by the State or the county, in providing
any medical care, surgery, hospitalization or treatment to any inmate who is
covered under a health insurance plan.� The claim shall be filed in accordance
with the rules and regulations promulgated pursuant to subsection f. of this
section.
���� The reimbursements authorized
under this subsection shall be payable to the State Treasurer or the county
treasurer and shall be used exclusively for the purpose of defraying the costs
incurred by the State or the county in providing medical care, surgery, dental
care, hospitalization or treatment to an inmate.
���� c. �� Nothing in Title 30 of
the Revised Statutes concerning the responsibility of the commissioner to
provide for the care and custody of the inmates in a State correctional
facility under the commissioner's control shall be construed to prohibit,
restrict or otherwise hinder the State in seeking reimbursement in accordance
with the provisions of
[
this
act from an inmate or
]
P.L.1995, c.254 (C.30:7E-1 et seq.) from
a health insurance plan for any
costs incurred by the State correctional facility in providing medical care,
dental care, surgery, hospitalization or treatment to an inmate.
���� d. �� Nothing in R.S.30:8-17
concerning a sheriff's responsibility to provide for the care and custody of
the prisoners or detainees in a jail under his control shall be construed to
prohibit, restrict or otherwise hinder the county in seeking reimbursement in
accordance with the provisions of
[
this
act from an inmate or
]
P.L.1995, c.254 (C.30:7E-1 et seq.) from
a health insurance plan for any
costs incurred by the county jail in providing medical care, dental care,
surgery, hospitalization or treatment to an inmate
or from the Department of
Corrections or Department of Community Affairs, as applicable, for the nominal
co-payment fees that are otherwise unrecoverable from an inmate for providing
medical care, dental care, surgery, hospitalization or treatment to the inmate
.
���� e. �� Nothing in R.S.30:8-19
concerning the county governing body's responsibility to provide for the
custody and care of the prisoners or detainees in a jail under its control
shall be construed to prohibit, restrict or otherwise hinder the county in
seeking reimbursement in accordance with the provisions of
[
this act from
an inmate or
]
P.L.1995, c.254 (C.30:7E-1 et seq.) from
a health insurance plan for any
costs incurred by the county jail in providing medical care, dental care,
surgery, hospitalization or treatment to an inmate
or from the Department of
Corrections or Department of Community Affairs, as applicable, for the nominal
co-payment fees that are otherwise unrecoverable from an inmate for providing
medical care, dental care, surgery, hospitalization or treatment to the inmate
.
���� f. ��� The Commissioner of the
Department of
Banking and
Insurance, in accordance with the provisions
of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), shall promulgate rules and regulations to effectuate the purposes of
this section.� Those rules and regulations shall include:
���� (1) Procedures for the filing
of the reimbursement claims permitted under this section;
���� (2)�� Provisions specifying
the primary coverage responsibilities of health insurance plans, subject to the
provisions of this section; and
���� (3) Such other matters as the
Commissioner of the Department of
Banking and
Insurance may deem
appropriate and necessary.
���� g. �� Nothing in
[
this act
]
P.L.1995,
c.254 (C.30:7E-1 et seq.)
shall be construed to require or allow an inmate
to obtain services from a doctor, dentist, surgeon or other health care
practitioner or facility other than the services provided by a State
correctional facility or county jail.
(cf: P.L.1995, c.254, s.3)
���� 3. Section 4 of P.L.1995,
c.254 (C.30:7E-4) is repealed.
���� 4. Section 5 of P.L.1995,
c.254 (C.30:7E-5) is amended to read as follows:
���� 5.���
[
Notwithstanding
the provisions of sections 2, 3 and 4 this act, no
]
No
inmate shall be denied
medical care, surgery, dental care, hospitalization, treatment or prescription
or nonprescription drugs or medicine because
[
he
]
the inmate
is not covered under a health insurance plan
[
or
because that inmate is unable to reimburse the State or county for the costs of
those services, drugs or medicines
]
.
(cf: P.L.1995, c.254, s.5)
���� 5. (New section) On or after
the effective date of P.L.��� , c.��� (C. ) (pending
before the Legislature as this bill):
���� a. Any unpaid amounts due and
payable by an inmate or former inmate under the provisions of section 2 of
P.L.1995, c.254 (C.30:7E-2) shall be unenforceable and uncollectable.
���� b. All unsatisfied
certificates of debt based on amounts due and payable by an inmate or former
inmate under the provisions of section 2 of P.L.1995, c.254 (C.30:7E-2),
including any interest which may have accrued, are deemed to be null and void
and shall be vacated and discharged.
���� c. Any outstanding liens
entered in accordance with the provisions of section 4 of P.L.1995, c.254
(C.30:7E-4) on any and all property or income to which the inmate or former
inmate shall have or may acquire an interest, are deemed to be null and void and
shall be vacated and discharged by the State or a county holding such a lien.
���� d. Any fee imposed on an
inmate or former inmate in lieu of the actual cost of collection pursuant to
paragraph c. of section 4 of P.L.1995, c.254 (C.30:7E-4) shall be unenforceable
and uncollectable.
���� 6. Section 5 of this act shall
take effect immediately, and the remainder of this act shall take effect on the
first day of the thirteenth month following enactment, but the Commissioner of
the Department of Corrections, Commissioner of the Department of Community
Affairs, Commissioner of the Department of Banking and Insurance, and State
Treasurer may take such anticipatory administrative action in advance as shall
be necessary for the implementation of this act.
STATEMENT
���� This bill eliminates health
care and medication co-payments charged to individuals under State or county
correctional custody.
���� Under current law, the
Department of Corrections (department) and county correctional authorities are
responsible for providing health care services to all individuals under their
custody.� An individual is liable for the cost of, and is charged a co-payment
for, any medical care, surgery, dental care, hospitalization or treatment
provided to the individual during the individual's term of incarceration or
detention by the State or a county.� In addition, an individual is charged a
co-payment for a prescription or nonprescription drug or medicine provided to
the individual during the individual's term of incarceration or detention by
the State or a county.� If the individual is an enrollee or a covered person
under a health insurance plan, the State or county may seek reimbursement from
the individual�s health insurance plan.
���� No individual may be denied
medical services, surgery, dental services, hospitalization, medication or
treatment due to the individual�s inability to pay the co-payment, and
administrative regulations exclude certain categories of health care services
from the co-payment requirement.� However, if an individual is liable for a
co-payment for which they are unable to pay, the co-payment will become a debt
for which the State or county may receive a lien or certificate of debt.
���� During the declared COVID-19
public health emergency, the department suspended these health care and
medication co-payments using temporary authority granted by executive order.�
Because the authority to suspend these co-payments has now lapsed, the department
has stated that it will reinstate the co-payments.
���� This bill modifies the
provision of health care to individuals who are incarcerated or detained by the
State or a county in five ways.� First, the bill prohibits the State or a
county from charging an incarcerated or detained individual a co-payment for the
provision of health care or medication.� Second, the bill prohibits the State
or a county from seeking reimbursement from an incarcerated or detained
individual for costs incurred by the State or a county in providing medical
care, dental care, surgery, hospitalization or treatment to the individual.�
Third, the bill allows counties, that are now prohibited under the bill from
charging co-payments, to recover from the Department of Corrections or
Department of Community Affairs, as applicable, the co-payment fees that are
otherwise unrecoverable from the incarcerated individual for providing medical
care, dental care, surgery, hospitalization, or treatment to the individual.�
Fourth, the bill repeals provisions of State law which permit the State or a
county to receive a lien or a certificate of debt for unpaid co-payment
amounts.� Fifth, the bill declares any debt from the provision of health care
services to an incarcerated individual to be unenforceable and uncollectable,
and nullifies and voids any lien or certificate of debt held by the State or
county in relation to this debt.
���� The section of the bill declaring
any debt from the provision of health care services to an incarcerated
individual to be unenforceable and uncollectable, and nullifying and voiding
any lien or certificate of debt held by the State or county in relation to this
debt would take effect immediately.� The remainder of the bill would take
effect on the first day of the thirteenth month following enactment to allow the
Department of Corrections, Department of Community Affairs, Department of
Banking and Insurance, and State Treasurer to take such anticipatory
administrative action in advance as shall be necessary for implementation.