Ga. Comp. R. & Regs. R. 125-4-4-.01 - Responsibility
Current through Rules and Regulations filed through April 4, 2022
When a person is committed to a correctional institution it becomes the responsibility of the correctional authorities to provide the necessary health care for the inmate. Medical and hospital care as required shall be provided for all inmates assigned. In no instance shall an inmate, his family or other individual be required to pay any portion of the fee or expenses for the inmate's medical or dental treatment, except as otherwise provided by law.
(a) Definitions:
1. Medical Emergency: A medical emergency is
any condition which, in the judgment of a health care provider, poses an
immediate threat to life or limb.
2. Chronic illness: An illness requiring care
and treatment over an extended period of time. Chronic illness includes, but is
not limited to, hypertension, diabetes, pulmonary illness, a seizure disorder,
acquired immune deficiency syndrome, cancer, tuberculosis B, hepatitis C,
rheumatoid arthritis, a autoimmune disorder, and renal disease.
(b) The Commissioner may establish
procedures for a reasonable deduction from money credited to the money account
of a prisoner to defray the costs paid by the Department or its contractor for
medical care and/or prescription medication for a prisoner.
1. If the prisoner is incarcerated in a state
prison or facility operated by a contractor of the state it shall be the
responsibility of the state or its contractor to render any needed medical or
hospital care.
2. The Department
and its contractors are authorized to make reasonable deductions from money
credited to the money account of a prisoner to defray the costs paid by the
state or its contractors for:
(i) Medical
treatment for a prisoner when the request for medical treatment has been
initiated by the prisoner; and
(ii)
Medication prescribed for treatment of a medical condition unrelated to
pregnancy or a chronic illness.
3. The Department and its contractors are
authorized to make reasonable deductions from money credited to the money
account of a prisoner to repay the Department or its contractors for the cost
of medical treatment and prescription medication for injuries inflicted by the
prisoner upon himself or herself or others unless the inmate has a severe
mental health designation as determined by the department.
4. The amount to be charged by the Department
on individual prisoner accounts shall be established by Department policy and
operating procedure. However, the Department will not deduct a medical charge
amount from a prisoner's account when the account balance on the date medical
care is provided is less than ten dollars ($10.00) until such time that further
deposits to the account raise the balance above ten dollars ($10.00).
Individual prisoner money accounts shall be frozen until all medical charges
incurred by the individual prisoner have been fully paid.
5. Nothing in this rule shall be construed to
relieve the governing authority, governmental unit, subdivision, or agency
having the physical custody of a prisoner from its responsibility first to
provide and initially pay for any needed medical and hospital care rendered to
such prisoner.
(c) If
the state prisoner is incarcerated in a county facility and requires emergency
medical or hospital care, the Department or its contractor shall bear the costs
of direct medical services required for emergency medical conditions posing an
immediate threat to life or limb if the inmate cannot be placed in a state
institution for the receipt of this care. The responsibility for payment will
commence when the costs for direct medical services exceed $1,000.00. The
Department will pay only the balance in excess of this amount. The Commissioner
shall establish regulations relative to payment of such medical and hospital
costs by the Department.
1. The Department of
Corrections shall bear the cost of any reasonable and necessary emergency
medical and hospital care which is provided to any prisoner eligible for
transfer to the Department but remaining in the physical custody of a county
jail. The Department shall also bear the cost of any reasonable and necessary
follow-up medical or hospital care rendered to any such prisoner as a result of
the initial emergency care and treatment.
2. When admission of a prisoner to a hospital
becomes necessary, for any reason, the Department will be notified by the
authority having physical custody of the prisoner. Such notification should be
made at the time of admission to the hospital.
3. Claims received by the Department for
payment under the terms of this rule will be subject to medical review. This
review will address the following issues: Appropriateness of the services
provided and verification of charges as being within the range of usual or
customary rates for comparable services.
4. All claims for reimbursement must be
submitted in accordance with instructions established by the Department of
Corrections, Health Services Division. The Department will provide for the
payment of medical bills by reimbursing each county on a monthly basis for
expenditures incurred. The Department will not make direct payment to an
individual doctor or hospital.
5.
Payment will be made for medical and hospital care provided to any prisoner
alter receipt by the Department of the following documents: Certified copy of
sentence, certified copy of indictment, certificate of revocation (when
applicable), affidavit of custodian, and personal history.
Notes
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