Alaska Stat. » Chapter 33.30
Alaska Statutes

Alaska Stat. § 33.30.028 (2026)

Responsibility for costs of medical care

✓ current as of July 2026
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Sec. 33.30.028. Responsibility for costs of medical care.
 (a) Notwithstanding any other provision of law, the liability for payment of the costs of medical, psychological, and psychiatric care provided or made available to a prisoner committed to the custody of the commissioner is, subject to (b) of this section, the responsibility of the prisoner and the
     (1) prisoner's insurer if the prisoner is insured under existing individual health insurance, group health insurance, or any prepaid medical coverage;

     (2) Department of Health if the prisoner is eligible for assistance under AS 47.07 or AS 47.25.120 — 47.25.300;

     (3) United States Department of Veterans Affairs if the prisoner is eligible for veterans' benefits that entitle the prisoner to reimbursement for the medical care or medical services;

     (4) United States Public Health Service, the Indian Health Service, or any affiliated group or agency if the prisoner is a Native American and is entitled to medical care from those agencies or groups; and

     (5) parent or guardian of the prisoner if the prisoner is under the age of 18.

 (b) The commissioner shall require prisoners who are without resources under (a) of this section to pay the costs of medical, psychological, and psychiatric care provided to them by the department. At a minimum, the prisoner shall be required to pay a portion of the costs based upon the prisoner's ability to pay.

 (c) The commissioner shall apply for medical assistance under AS 47.07 and for general relief assistance under AS 47.25.120 — 47.25.300 on behalf of a prisoner incarcerated in a correctional facility to establish medical assistance coverage or general relief assistance for the prisoner during a period of hospitalization outside of the correctional facility.

 (d) The commissioner may obtain information necessary to determine whether a prisoner incarcerated in a correctional facility is eligible for medical assistance under AS 47.07 or public assistance under AS 47.25. Information obtained under this subsection may be used only for the purpose of applying for medical assistance or public assistance under (c) of this section and may not be disclosed for any other purpose without the permission of the prisoner. An employee of the commissioner who discloses a prisoner's social security number in an application for medical assistance or public assistance under this section is considered to be acting in the performance of the employee's duties or responsibilities under AS 45.48.400(b).


Notes of Decisions
Cited in 4 cases, 2011–2017 · leading case: Hendricks-Pearce v. State, Dep't of Corr., 323 P.3d 30 (Alaska 2014).
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Hendricks-Pearce v. State, Dep't of Corr., 323 P.3d 30 (Alaska 2014). · cites it 80× “3 AS 33.30.028 provides, in relevant part: (a) Notwithstanding any other provision of law, the (continued.”
State, Dep't of Corr. v. Hendricks-Pearce, 254 P.3d 1088 (Alaska 2011). · cites it 15× “Pearce Is A "Prisoner" For Purposes Of AS 33.30.028. 1. Alaska Statute 33.30.028 is ambiguous and does not conclusively limit liability for medical costs to current prisoners.”
Jovanov v. State, Dep't of Corr., 404 P.3d 140 (Alaska 2017). · cites it 14× “DOC counterclaimed for the cost of Jovanov’s medical treatment stemming from the assault under AS 33.30.028. 5 DOC moved for summary judgment on Jovanov’s negligence claims, and Jovanov moved for summary judgment against Modeste on the issue of liability.”
William Terry Smith v. State of Alaska, Dep't of Corr. (Alaska 2012). · cites it 8× “470 Does Not Conflict With AS 33.30.028. Smith argues that DOC’s regulation requiring him to pay reimbursement for the cost of injuries he inflicted on another inmate conflicts with the statute allocating the cost of inmate medical care.”
— Alaska Stat. § 33.30.028(a) — 3 cases
Hendricks-Pearce v. State, Dep't of Corr., 323 P.3d 30 (Alaska 2014). “3 AS 33.30.028 provides, in relevant part: (a) Notwithstanding any other provision of law, the (continued.”
State, Dep't of Corr. v. Hendricks-Pearce, 254 P.3d 1088 (Alaska 2011). “Pearce Is A "Prisoner" For Purposes Of AS 33.30.028. 1. Alaska Statute 33.30.028 is ambiguous and does not conclusively limit liability for medical costs to current prisoners.”
Jovanov v. State, Dep't of Corr., 404 P.3d 140 (Alaska 2017). “DOC counterclaimed for the cost of Jovanov’s medical treatment stemming from the assault under AS 33.30.028. 5 DOC moved for summary judgment on Jovanov’s negligence claims, and Jovanov moved for summary judgment against Modeste on the issue of liability.”
— Alaska Stat. § 33.30.028(a)(1) — 2 cases
Hendricks-Pearce v. State, Dep't of Corr., 323 P.3d 30 (Alaska 2014). “3 AS 33.30.028 provides, in relevant part: (a) Notwithstanding any other provision of law, the (continued.”
State, Dep't of Corr. v. Hendricks-Pearce, 254 P.3d 1088 (Alaska 2011). “Pearce Is A "Prisoner" For Purposes Of AS 33.30.028. 1. Alaska Statute 33.30.028 is ambiguous and does not conclusively limit liability for medical costs to current prisoners.”
— Alaska Stat. § 33.30.028(a)(2) — 1 case
Hendricks-Pearce v. State, Dep't of Corr., 323 P.3d 30 (Alaska 2014). “3 AS 33.30.028 provides, in relevant part: (a) Notwithstanding any other provision of law, the (continued.”
— Alaska Stat. § 33.30.028(a)(4) — 1 case
William Terry Smith v. State of Alaska, Dep't of Corr. (Alaska 2012). “470 Does Not Conflict With AS 33.30.028. Smith argues that DOC’s regulation requiring him to pay reimbursement for the cost of injuries he inflicted on another inmate conflicts with the statute allocating the cost of inmate medical care.”
— Alaska Stat. § 33.30.028(a)(5) — 1 case
Hendricks-Pearce v. State, Dep't of Corr., 323 P.3d 30 (Alaska 2014). “3 AS 33.30.028 provides, in relevant part: (a) Notwithstanding any other provision of law, the (continued.”
— Alaska Stat. § 33.30.028(b) — 2 cases
Hendricks-Pearce v. State, Dep't of Corr., 323 P.3d 30 (Alaska 2014). “3 AS 33.30.028 provides, in relevant part: (a) Notwithstanding any other provision of law, the (continued.”
State, Dep't of Corr. v. Hendricks-Pearce, 254 P.3d 1088 (Alaska 2011). “Pearce Is A "Prisoner" For Purposes Of AS 33.30.028. 1. Alaska Statute 33.30.028 is ambiguous and does not conclusively limit liability for medical costs to current prisoners.”
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