This bill provides that whenever an inmate is committed to a county jail or workhouse and the inmate is known or determined to be HIV positive, the sheriff or the sheriff's designee must investigate and determine whether the inmate previously received prescription medication to treat the condition through a state department, agency, or program, including TennCare.
Additionally, this bill provides that upon finding evidence that the inmate previously received such medication, or payments for the medication, the sheriff or sheriff's designee is required to notify the department of correction and file a claim for state funds, including reimbursement if applicable, for the payment of HIV medication for these inmates.
Similarly, this bill provides that the state is liable for and must pay the expenses for HIV medication for inmates who previously received prescription medication to treat the condition through a state department, agency, or program, including TennCare. The state is authorized to use federal funding to pay the medication expenses.
ON APRIL 23, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2808, AS AMENDED.
AMENDMENT #1 makes the following changes:
(1) Revises the provision in the bill providing that upon finding evidence that the inmate previously received such medication, or payments for the medication, from the state or through a state program, the sheriff or sheriff's designee must notify the department of correction and file a claim for state funds, including reimbursement if applicable, for the payment of HIV medication for these inmates by, instead, providing that upon finding evidence that the inmate previously received such medication, or payments for the medication, from the state or through a state program, excluding the Ryan White HIV/AIDS program administered by the department of health, the sheriff or sheriff's designee must notify the department of correction and file a claim for state funds, including reimbursement if applicable, for the payment of HIV medication for these inmates;
(2) Revises the provision in the bill providing that the state is liable for and must pay the expenses for HIV medication for inmates who previously received prescription medication to treat the condition through a state department, agency, or program, including TennCare by, instead, providing that the state department, agency, or program, including TennCare, but excluding the Ryan White HIV/AIDS program, that previously administered the treatment for the condition is liable for and must pay the expenses for HIV medication for inmates who previously received prescription medication to treat the condition through the state department, agency, or program, including TennCare;
(3) When an inmate is committed to a county jail or workhouse and the inmate is known or determined to be HIV positive and the inmate was participating in the Ryan White HIV/AIDS program immediately prior to incarceration, authorizes the sheriff or sheriff's designee to transport the inmate to the location of the healthcare provider that was treating the patient immediately prior to incarceration for HIV treatment under the Ryan White HIV/AIDS program. Such healthcare provider must continue HIV treatment for the inmate for the duration of the inmate's incarceration in a county jail or workhouse. The healthcare provider may treat the inmate via telemedicine upon request;
(4) Prohibits the following programs and plans from being liable for or required to pay expenses for HIV medication for an inmate unless the inmate is a currently enrolled member of such program or plan: (i) TennCare program or (ii) CoverKids program; and
(5) Clarifies that this bill does not apply to a state-sponsored health insurance plan. Such state-sponsored health insurance plans must provide prescription medication coverage to an enrolled member according to the terms of the applicable health plan.

Statutes affected:
Introduced: 41-4-115
Amended with HA1080 -- 04/23/2024: 41-4-115