I.
Authority
The Board of Correction is authorized to promulgate this rule
by A.C.A. §
12-27-105 and mandated to
promulgate this rule by A.C.A. §
12-27-114.
II.
Purpose
To establish rules by which counties may be reimbursed for
emergency medical expenses of inmates required to be housed in county jails
while awaiting bedspace in a secured facility operated or contracted by a
division of the Department of Corrections.
III.
Definitions
A. "Extraordinary Medical Need" means
emergency medical care for an illness or injury that is directly related to the
incarceration of a State Inmate.
B.
"Medical Services Administrator" means the employee of the Department of
Corrections designated by the Secretary of Corrections as the individual
responsible for receiving notice of medical issues and providing
recommendations to leadership.
C.
"State Inmate" means an individual for whom a division of the Department of
Corrections has been granted legal authority to confine in a secured facility
and who is awaiting bedspace at a facility operated or contracted by a division
of the Department of Corrections. Unless he or she has been ordered returned to
the custody of a division of the Department of Corrections, a State Inmate does
not include an individual who has been transferred to parole, community
supervision, or post release supervision. A State Inmate does not include an
individual in a county jail to attend court unless the court attendance is due
to a criminal offense committed while in the custody of a division of the
Department of Corrections.
D. "True
Emergency Situation" means an acute injury or illness which poses an immediate
threat to life or limb.
IV.
Policy
The Department of Corrections shall, upon establishment of
legal responsibility, and contingent upon appropriation and availability of
funds, reimburse approved expenses for Extraordinary Medical Needs incurred on
behalf of State Inmates housed in county jails while awaiting bedspace in a
secured facility operated or contracted by a division of the Department of
Corrections.
V.
Procedure
A.
Identification of State Inmates with
Extraordinary Medical Needs. Upon discovery of a State Inmate's
Extraordinary Medical Need, the County Sheriff or his designee shall contact
the Medical Services Administrator with information regarding the nature of the
medical need. The Medical Services Administrator shall make a recommendation to
the Secretary of Corrections, or his or her designee.
B.
Determination of Department
Liability. Upon considering the recommendation of the Medical Services
Administrator, the Secretary or his or her designee shall determine the
following:
a. Whether the Department is
responsible for providing the care requested by the County Sheriff;
b. Whether the inmate's receipt into a DOC
facility should be expedited in order to ensure cost effectiveness and adequate
care; and
c. Whether the county
should be reimbursed for any medical expenses incurred on the inmate.
C.
Responsibility for
Reimbursement. The Department shall be responsible for reimbursing
medical expenses for State Inmates under the following conditions:
a. The Department has received a complete and
accurate order providing the legal responsibility for the State Inmate. In
limited circumstances, reimbursements may accrue prior to receipt of a complete
and accurate order providing the legal responsibility for the state inmate, but
shall not be paid until after receipt of the complete and accurate
order;
b. The Department has
declined to expedite receipt of the State Inmate into a state facility for
reasons other than lack of appropriate documentation establishing legal
responsibility for the State Inmate;
c. The Extraordinary Medical Need is either:
i. Related to the incarceration of the State
Inmate, or
ii. Otherwise approved
for reimbursement by Secretary or his or her designee after consultation with
the Medical Services Administrator; and
d. The expenses are not incurred due to
routine care for pre-existing conditions.
D.
Exceptions.
a. Medical Emergency: In a True Emergency
Situation, as defined by this rule, the county may be eligible for
reimbursement without prior approval if:
i.
The county official contacts the Medical Services Administrator as soon as
possible after discovering the True Emergency Situation; and
ii. County officials coordinate with
Department staff to expedite submission of all necessary paperwork as soon as
possible in order to mitigate financial exposure for the Department.
b. Failure to timely establish
legal responsibility: Notwithstanding any obligation created by this Rule, the
Secretary may decline reimbursement if the county fails to provide adequate
court orders establishing legal responsibility in a timeframe that allows the
Department to mitigate additional reimbursement costs.
c. Lack of Appropriation or funding:
Notwithstanding any obligation created by this Rule, the Department shall not
be required to reimburse expenses without adequate appropriation or
funding.
VI.
Implementation
The Secretary of Corrections shall develop and publish policies
and procedures necessary to implement this Rule.
Notes
004.03.24 Ark. Code
R. 001
Adopted by
Arkansas
Register Volume 49, Number 10, Effective
9/14/2024
