Bill Text: NJ S4233 | 2026-2027 | Regular Session | Introduced
Bill Title: Concerns health care services provided to incarcerated individuals.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced) 2026-05-14 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S4233 Detail]
Download: New_Jersey-2026-S4233-Introduced.html
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.
