Wisconsin Statutes
Wis. Stat. § 302.386 (2026)
Medical and dental services for prisoners and forensic patients
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302.386(1)(1) Except as provided in sub. (5), liability for medical and dental services furnished to residents housed in prisons identified in s. 302.01, in a juvenile correctional facility, or in a secured residential care center for children and youth, or to forensic patients in state institutions for those services that are not provided by employees of the department shall be limited to the amounts payable under ss. 49.43 to 49.471, excluding ss. 49.468 and 49.471 (11), for similar services. The department may waive any such limit if it determines that needed services cannot be obtained for the applicable amount. No provider of services may bill the resident or patient for the cost of services exceeding the amount of the liability under this subsection.
302.386(2)(2) The liability of the state for medical and dental services under sub. (1) does not extend to that part of the medical or dental services of a resident housed in a prison identified in s. 302.01, a juvenile correctional facility, or a secured residential care center for children and youth, for which any of the following applies:
302.386(2)(b)3.3. Benefits from the state department of veterans affairs or the federal department of veterans affairs.
302.386(2m)(2m) The department shall collect moneys under sub. (2) for medical and dental services furnished to residents under sub. (1) and credit those moneys to the appropriation account under s. 20.410 (1) (gi).
302.386(3)(a)(a) Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a juvenile correctional facility who receives medical or dental services to pay a deductible, coinsurance, copayment, or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment, or similar charge.
302.386(3)(b)(b) If the resident under par. (a) requests the medical services or dental services, the department shall require the resident to pay the deductible, coinsurance, copayment or similar charge. The department may not charge the person less than $2.50 for each request. The requirements under this paragraph are subject to the exception and waiver provisions under par. (c).
302.386(3)(c)(c) No provider of services may deny care or services because the resident is unable to pay the applicable deductible, coinsurance, copayment or similar charge, but an inability to pay these charges does not relieve the resident of liability for the charges unless the department excepts or waives the liability under criteria that the department shall establish by rule.
302.386(3)(d)(d) The department shall credit all moneys that it collects under this subsection to the appropriation account under s. 20.410 (1) (gi).
302.386(4)(a)(a) The specific medical or dental services on which a deductible, coinsurance, copayment or similar charge may be imposed under sub. (3) (a) or must be imposed under sub. (3) (b).
302.386(4)(b)(b) The amounts of deductibles, coinsurances, copayments or similar charges for the medical or dental services under par. (a).
302.386(5)(5) The state is not required to provide medical or dental services to any of the following:
302.386(5)(b)(b) Any participant in the intensive sanctions program under s. 301.048 unless he or she is imprisoned in a Type 1 prison other than the institution authorized in s. 301.046 (1).
302.386(5)(c)(c) Any person who is subject to community supervision under s. 938.533 unless the person is placed in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19).
302.386(5)(d)(d) Any participant in the serious juvenile offender program under s. 938.538 unless the participant is placed in a Type 1 juvenile correctional facility, as defined in s. 938.02 (19).
302.386(5m)(a)1.1. “Hormonal therapy” means the use of hormones to stimulate the development or alteration of a person’s sexual characteristics in order to alter the person’s physical appearance so that the person appears more like the opposite gender.
302.386(5m)(a)2.2. “Sexual reassignment surgery” means surgical procedures to alter a person’s physical appearance so that the person appears more like the opposite gender.
302.386(5m)(b)(b) The department may not authorize the payment of any funds or the use of any resources of this state or the payment of any federal funds passing through the state treasury to provide or to facilitate the provision of hormonal therapy or sexual reassignment surgery for a resident or patient specified in sub. (1).
302.386 NoteNOTE: In Fields v. Smith, 712 F. Supp. 2d 830 (2010) the U.S. District Court for the Eastern District of Wisconsin granted a permanent injunction restraining the enforcement or attempted enforcement of sub. (5m) because any application of the statute would violate the 8th Amendment and Equal Protection clause of the U.S. Constitution. The U.S. Seventh Circuit Court of Appeals affirmed the district court at 653 F.3d 550 (2012).
302.386(6)(6) The department may collect a deductible, coinsurance, copayment or similar charge under this section or the department or the attorney general may collect under s. 301.325, but the state may not collect for the same expense twice.
302.386 HistoryHistory: 1985 a. 29; 1989 a. 31 ss. 1661, 1662; Stats. 1989 s. 302.386; 1991 a. 39; 1995 a. 27, 77; 2001 a. 16; 2005 a. 105, 344; 2007 a. 20; 2015 a. 55.
Notes of Decisions
Cited in 4
cases, 2007–2011 · leading case: Fields v. Smith, 712 F. Supp. 2d 830 (E.D. Wis. 2010).
Fields v. Smith, 712 F. Supp. 2d 830 (E.D. Wis. 2010). “Following a court trial, in March 31, 2010, 2010 WL 1325165 , this court entered an order declaring Wis. Stat. § 302.386 (5m) unconstitutional and enjoining the enforcement of the statute.”
Konitzer v. Frank, 711 F. Supp. 2d 874 (E.D. Wis. 2010). “) Prior to January 24, 2006, the effective date of Wis. Stat. § 302.386 (5m), Executive Directive # 68 allowed for hormonal therapy to be initiated by a DOC physician for inmates with severe gender dysphoria.”
Fields v. Smith, 653 F.3d 550 (7th Cir. 2011). “Act 105, codified at Wis. Stat. § 302.386 (5m) (2010). The district court concluded that this provision violates the Eighth Amendment’s ban on cruel and unusual punishment and the Fourteenth Amendment’s Equal Protection Clause.”
Sundstrom v. Frank, 630 F. Supp. 2d 974 (E.D. Wis. 2007). “§ 1983 for declaratory and injunctive relief claiming that the defendants have violated the United States Constitution by enforcing 2005 Wisconsin Act 105, codified as Wis. Stat. § 302.386 (5m), and abruptly terminating and depriving them of medical treatment for their serious…”
Wis. Stat. § 302.386(5m): 1 case
Konitzer v. Frank, 711 F. Supp. 2d 874 (E.D. Wis. 2010). “) Prior to January 24, 2006, the effective date of Wis. Stat. § 302.386 (5m), Executive Directive # 68 allowed for hormonal therapy to be initiated by a DOC physician for inmates with severe gender dysphoria.”
Wis. Stat. § 302.386(5m)(a): 1 case
Fields v. Smith, 712 F. Supp. 2d 830 (E.D. Wis. 2010). “Following a court trial, in March 31, 2010, 2010 WL 1325165 , this court entered an order declaring Wis. Stat. § 302.386 (5m) unconstitutional and enjoining the enforcement of the statute.”
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