Wisconsin Statutes
Wis. Stat. § 302.38 (2026)
Medical care of prisoners
✓ current as of July 2026
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302.38(1)(1) If a prisoner needs medical or hospital care or is intoxicated or incapacitated by alcohol or another drug the sheriff, superintendent or other keeper of the jail or house of correction shall provide appropriate care or treatment and may transfer the prisoner to a hospital or to an approved treatment facility under s. 51.45 (2) (b) and (c), making provision for the security of the prisoner. The sheriff, superintendent or other keeper may provide appropriate care or treatment under this subsection for a prisoner under 18 years of age and may transfer a prisoner under 18 years of age under this subsection without obtaining the consent of the prisoner’s parent, guardian or legal custodian. The sheriff, superintendent or other keeper may charge a prisoner for the costs of providing medical care to the prisoner while he or she is in the jail or house of correction. If the sheriff or other keeper maintains a personal money account for an inmate’s use for payment for items from canteen, vending or similar services, the sheriff or other keeper may make deductions from the account to pay for the charges under this subsection.
302.38(2)(2) The prisoner is liable for the costs of medical and hospital care outside of the jail or house of correction. If the prisoner is unable to pay the costs, the county shall pay the costs in the case of persons held under the state criminal laws or for contempt of court and, except as provided in s. 302.336 (2) and (3) (b), a municipality shall pay the costs in the case of persons held under municipal ordinance by the municipality.
302.38(3)(3) The maximum amount that a governmental unit may pay for the costs of medical or hospital care under this section is limited for that care to the amount payable by medical assistance under subch. IV of ch. 49, excluding ss. 49.468 and 49.471 (11), for care for which a medical assistance rate exists. No provider of medical or hospital care may bill a prisoner under sub. (1) for the cost of care exceeding the amount paid under this subsection by the governmental unit. If no medical assistance rate exists for the care provided, there is no limitation under this subsection.
302.38(4)(4) The governmental unit paying the costs of medical or hospital care under this section, regardless of whether the care is provided in or out of the jail or house of correction, may collect the value of the same from the prisoner or the prisoner’s estate. If applicable, the governmental unit may proceed to collect under this section or may seek reimbursement under s. 302.372, but may not collect for the same expenses twice.
302.38(5)(5) This section does not require the sheriff, superintendent or keeper of the jail or house of correction to provide or arrange for the provision of appropriate care or treatment if the prisoner refuses appropriate care or treatment.
302.38 HistoryHistory: 1973 c. 198; 1987 a. 27, 269; 1989 a. 31 s. 1655c, 1656d; Stats. 1989 s. 302.38; 1989 a. 261, 359; 1995 a. 27, 43, 281, 352; 1997 a. 35; 2007 a. 20; 2017 a. 34.
302.38 AnnotationAppropriate medical care for prisoners is mandatory under this section, but sheriffs have the discretion as to how to provide that care. Swatek v. County of Dane, 192 Wis. 2d 47, 531 N.W.2d 45 (1995).
302.38 AnnotationWhen charges against a prisoner were dismissed after the prisoner was admitted to a hospital for medical care, the prisoner lost the status as “a person held under the state criminal laws” under sub. (2). The county was no longer liable for medical costs incurred after the charges were dismissed. The prisoner’s status did not change when the Department of Corrections issued an apprehension request for the prisoner. Meriter Hospital, Inc. v. Dane County, 2004 WI 145, 277 Wis. 2d 1, 689 N.W.2d 627, 02-2837.
302.38 AnnotationSub. (1) does not confer a constitutionally protected substantive property right in an inmate’s prescription medication. An inmate denied medication need not have been afforded procedural due process either before or after the deprivation. Ledford v. Sullivan, 105 F.3d 354 (1997).
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1995–2025 · leading case: Meriter Hosp., Inc. v. Dane Cnty., 2004 WI 145 (Wis. 2004).
Meriter Hosp., Inc. v. Dane Cnty., 2004 WI 145 (Wis. 2004). “38 1 (2001-02) requires the respondent, Dane County, to pay all of the medical and hospital bills incurred on behalf of an indigent prisoner, Michael Gibson (Gibson), who was a prisoner in the Dane County jail upon admittance to the hospital, but had the criminal charges pending…”
Swatek v. Cnty. of Dane, 531 N.W.2d 45 (Wis. 1995). “The circuit court concluded "the facts establish that the defendants discharged their duties pursuant to Section 302.38, WlS. STATS., [and therefore] the plaintiffs negligence claims should be dismissed.”
State v. Edwards, 2003 WI App 221 (Wis. Ct. App. 2003). “" This as compared to Wis. Stat. § 302.38 (1) which requires the sheriff to provide needed medical care, including hospital care, to a prisoner.”
William N. Ledford v. Michael J. Sullivan, Gordon A. Abrahamson, Patrick Knowles, 105 F.3d 354 (7th Cir. 1997). “” Wis. Stat. § 302.38 (1) (1991). Ledford also notes that in Swatek v.”
State v. Sevelin, 554 N.W.2d 521 (Wis. Ct. App. 1996). “38(1) provides: If a prisoner needs medical or hospital care or is intoxicated or incapacitated by alcohol the sheriff or other keeper of the jail shall provide appropriate care or treatment and may transfer the prisoner to a hospital or to an approved treatment facility under s.”
Meriter Hosp., Inc. v. Dane Cnty., 2003 WI App 248 (Wis. Ct. App. 2003). “1 Meriter contends that Wis. Stat. § 302.38 (2001-2001) 2 requires Dane County to pay the medical bills Michael Gibson incurred at Meriter because Gibson was a prisoner when admitted and was "otherwise detained" throughout his hospitalization.”
Walker v. Univ. of Wisconsin Hospitals, 542 N.W.2d 207 (Wis. Ct. App. 1995). “The court failed to distinguish the discretion § 302.38(1), STATS., gave the jailer as to how medical treatment was to be provided inmates from the county's respondeat superior liability for the jail nurse's professional malpractice.”
Jesse Clubb v. Marinette Cnty. (Wis. Ct. App. 2025). “§ 302.38 imposes a ministerial duty. Stated plainly, it does not.”
Evans v. Heidorn, 556 F. App'x 493 (7th Cir. 2014). “See Wis. Stat. § 302.38 (1); Wis. Admin. Code Doc § 316.”
— Wis. Stat. § 302.38(1) — 7 cases
Swatek v. Cnty. of Dane, 531 N.W.2d 45 (Wis. 1995). “The circuit court concluded "the facts establish that the defendants discharged their duties pursuant to Section 302.38, WlS. STATS., [and therefore] the plaintiffs negligence claims should be dismissed.”
State v. Sevelin, 554 N.W.2d 521 (Wis. Ct. App. 1996). “38(1) provides: If a prisoner needs medical or hospital care or is intoxicated or incapacitated by alcohol the sheriff or other keeper of the jail shall provide appropriate care or treatment and may transfer the prisoner to a hospital or to an approved treatment facility under s.”
Meriter Hosp., Inc. v. Dane Cnty., 2004 WI 145 (Wis. 2004). “38 1 (2001-02) requires the respondent, Dane County, to pay all of the medical and hospital bills incurred on behalf of an indigent prisoner, Michael Gibson (Gibson), who was a prisoner in the Dane County jail upon admittance to the hospital, but had the criminal charges pending…”
William N. Ledford v. Michael J. Sullivan, Gordon A. Abrahamson, Patrick Knowles, 105 F.3d 354 (7th Cir. 1997). “” Wis. Stat. § 302.38 (1) (1991). Ledford also notes that in Swatek v.”
Walker v. Univ. of Wisconsin Hospitals, 542 N.W.2d 207 (Wis. Ct. App. 1995). “The court failed to distinguish the discretion § 302.38(1), STATS., gave the jailer as to how medical treatment was to be provided inmates from the county's respondeat superior liability for the jail nurse's professional malpractice.”
— Wis. Stat. § 302.38(2) — 2 cases
Meriter Hosp., Inc. v. Dane Cnty., 2004 WI 145 (Wis. 2004). “38 1 (2001-02) requires the respondent, Dane County, to pay all of the medical and hospital bills incurred on behalf of an indigent prisoner, Michael Gibson (Gibson), who was a prisoner in the Dane County jail upon admittance to the hospital, but had the criminal charges pending…”
Meriter Hosp., Inc. v. Dane Cnty., 2003 WI App 248 (Wis. Ct. App. 2003). “1 Meriter contends that Wis. Stat. § 302.38 (2001-2001) 2 requires Dane County to pay the medical bills Michael Gibson incurred at Meriter because Gibson was a prisoner when admitted and was "otherwise detained" throughout his hospitalization.”
— Wis. Stat. § 302.38(3) — 2 cases
Meriter Hosp., Inc. v. Dane Cnty., 2004 WI 145 (Wis. 2004). “38 1 (2001-02) requires the respondent, Dane County, to pay all of the medical and hospital bills incurred on behalf of an indigent prisoner, Michael Gibson (Gibson), who was a prisoner in the Dane County jail upon admittance to the hospital, but had the criminal charges pending…”
Meriter Hosp., Inc. v. Dane Cnty., 2003 WI App 248 (Wis. Ct. App. 2003). “1 Meriter contends that Wis. Stat. § 302.38 (2001-2001) 2 requires Dane County to pay the medical bills Michael Gibson incurred at Meriter because Gibson was a prisoner when admitted and was "otherwise detained" throughout his hospitalization.”
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