37 Pa. Code § 93.12 - Prison Medical Services Program
(a)
Every institution will establish procedures to permit inmates to have access to
health care professionals, prescribed treatment for serious medical needs,
appropriate nutrition, exercise and personal hygiene items.
(b) The following words and phrases, when
used in this section, have the following meanings unless the context clearly
indicates otherwise:
Fee-The portion of the actual cost of a medical service provided to an inmate which the Department has determined shall be charged to the inmate.
Health care professional-
(i) Any physician, physician assistant,
nurse, dentist, optometric professional or other person licensed to provide
health care under the laws of the Commonwealth.
(ii) The term does not include a corrections
health care administrator performing the administrative duties of that
position.
Inmate-A person confined to a correctional institution, motivational boot camp, community corrections center or other facility operated by the Department, its agent or contractor.
Medical service-
(i) The diagnosis, evaluation, treatment or
preservation of the health of the human body, including its organs, structures
and systems.
(ii) The term includes
diagnostic testing, prescribing and administering medication, surgical
procedures, dental care, eye care, the furnishing of prosthetics and any other
type of treatment or preventative care, whether performed on an inpatient or
outpatient basis.
(c) The
Department will charge a fee to an inmate for any of the following:
(1) Nonemergency medical service provided to
an inmate at the inmate's request.
(2) Medical service provided to the inmate as
the result of a self-inflicted injury or illness, including emergency medical
service provided to the inmate as the result of a self-inflicted injury or
illness.
(3) Initial medication
prescription except as provided in subsection (d)(2), (14), (16) and
(17).
(4) Medical service provided
to another inmate as a result of assaultive conduct engaged in by an inmate to
be charged the fee.
(5) Medical
service provided to an inmate as a result of an injury or illness arising from
the inmate's participation in a sport.
(6) Medical service provided to an inmate to
determine whether the inmate's physical condition is suitable for participation
in a sport unless the medical service is provided as part of an inmate's
physical examination scheduled by the Department.
(d) The Department will not charge a fee to
an inmate for any of the following:
(1)
Physical, dental or mental health screening provided to an inmate upon
intake.
(2) Immunization,
tuberculosis test, Hepatitis B vaccination or other treatment initiated by the
Department for public health reasons.
(3) Institution transfer screening.
(4) Physical and dental examination scheduled
by the Department.
(5) Medical
service provided to an inmate during a follow-up appointment scheduled by a
health care professional employed by the Department or its
contractors.
(6) Mental health
treatment.
(7) Medical treatment
for a chronic or intermittent disease or illness.
(8) Infirmary care in a Department
facility.
(9) Hospitalization
outside of a Department facility.
(10) Long-term care to an inmate not in need
of hospitalization, but whose needs are such that they can only be met on a
long-term basis or through personal or skilled care because of age, illness,
disease, injury, convalescence or physical or mental infirmity.
(11) Medical referral ordered by a health
care professional employed by the Department or its contractors.
(12) Medical service provided to an inmate
during a medical emergency unless the medical emergency resulted from a
self-inflicted injury or illness as determined by the health care professional
providing the medical service.
(13)
Laboratory test, electrocardiogram, dressing change or other treatment ordered
by a health care professional employed by the Department or its
contractors.
(14) Prenatal
care.
(15) Medical service provided
as a result of an injury or illness arising from an inmate's institutional work
assignment.
(16) Medication
prescription subsequent to the initial medication prescription provided to an
inmate for the same illness or condition.
(17) Social service program including, but
not limited to, substance abuse groups and counseling.
(18) Psychotropic medication.
(19) Medication prescribed for an inmate for
public health reasons.
(20)
Physical, dental and mental health screening performed at the request of the
Department.
(21) Medical service
provided to an inmate to determine whether his physical condition is suitable
for an institutional work assignment.
(22) Eyeglass prescription.
(23) Dentures.
(24) Prosthetic devices excluding customized
items.
(e) The fee for
any medical service in subsection (c) is $3. This amount will be increased to
$4 on July 1, 2005, and $5 on July 1, 2007, except that an inmate is required
to pay a fee equivalent to the total cost of medical services provided to
another inmate as a result of the inmate's assaultive conduct.
(1) The fee will be assessed each time a
medical service in subsection (c) is provided to an inmate, except when
multiple services are performed at one visit at the discretion of the health
care professional.
(2) Each inmate
shall receive 60 days written notice of the implementation of the Prison
Medical Services Program.
(3) Each
inmate shall receive written notice of any changes in medical service fees and
payment procedures at least 60 days after the effective date of a regulation
that modifies the fee for medical services and payment procedures.
(f) Payment for any medical
service in subsection (c) shall be accomplished according to the following
procedures:
(1) At the time any medical
service is to be provided to an inmate, the inmate will be informed by the
Department or a health care professional contracted by the Department whether a
fee will be charged for the medical service and will be provided with an
authorization form. The authorization form will describe the medical service to
be provided and authorize the institution to deduct the fee from the inmate's
account.
(2) An inmate who wishes
to receive a medical service after being advised that a fee will be charged for
the medical service, shall sign the authorization form acknowledging that his
inmate account will be debited for the fee. An inmate who refuses to sign the
authorization, who does not sign a refusal of treatment form and who accepts
medical treatment will receive the services and his account will be debited. An
inmate will not be denied access to medical services because of an inability to
pay the required fee. If an inmate lacks sufficient funds to pay a medical
service fee, the inmate's account will be debited and the fee recouped as soon
as sufficient funds are deposited in the inmate's account.
(3) The Department may seek to recover any
amount owed for medical services fees by an inmate upon release under section 5
of the Prisoner Medical Services Act (61 P. S. §
1015).
(g) An inmate who has medical insurance shall
pay for his own medical needs through that insurance by cooperating with the
Department in submitting the proper paperwork to the insurance
carrier.
(h) The Department will
include an explanation of the program in the Department of Corrections
Inmate Handbook.
Notes
The provisions of this § 93.12 amended under section 3(b) of the Prison Medical Services Act (61 P. S. § 1013(b)); and section 903-B of The Administrative Code of 1929 (71 P. S. § 310-2).
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