Arkansas Code of 1987 (2023) › Title 12 - LAW ENFORCEMENT, EMERGENCY MANAGEMENT, AND MILITARY AFFAIRS (§§ 12-1-101 — 12-88-109) › Subtitle 3 - CORRECTIONAL FACILITIES AND PROGRAMS (§§ 12-25-101 — 12-51-901) › Chapter 29 - INMATES OF STATE FACILITIES (§§ 12-29-101 — 12-29-804) › Subchapter 4 - MEDICAL CARE (§§ 12-29-401 — 12-29-408) › Section 12-29-401 - Medical care

(a)
The Department of Correction shall establish and shall prescribe standards for health, medical, mental health, and dental services for each institution, including preventive, diagnostic, and therapeutic measures on both an outpatient and inpatient basis for all types of patients.
(b)
An inmate may be taken, when necessary, to a medical facility outside the institution, but the Director of the Department of Correction shall provide ample safeguards for the custody of the inmate while confined in a medical facility outside the institution.
(c)
(1)
The Board of Corrections is authorized to establish and maintain facilities for health, medical, mental health, and dental services for each institution in the Department of Correction and the Department of Community Correction, including preventive, diagnostic, and therapeutic measures on both an outpatient and inpatient basis for all types of patients, and to hire physicians and other healthcare professionals.
(2)
The board may also implement copay charges for inmate-initiated healthcare requests.
(d)
(1)
The Department of Correction and the Department of Community Correction shall have access to and may obtain copies of all medical records pertaining to any person incarcerated in a facility of either of those departments, including, but not limited to, test results, treatment records, and examination reports generated prior to the commitment of the person to the Department of Correction or the Department of Community Correction or based on medical care received by the person outside the Department of Correction or the Department of Community Correction during the period of the person's incarceration, regardless of whether the person consents to the release of the information.
(2)
(A)
Any entity or person in possession of such records or information has a duty to disclose it to the Department of Correction or the Department of Community Correction upon written request by the Director of the Department of Correction or his or her designee or the Director of the Department of Community Correction or his or her designee, provided that the Department of Correction and the Department of Community Correction shall put in place the privacy and security provisions required by federal law and provide assurances of compliance, in writing, to the entity or person to whom the written request is made.
(B)
Additionally, the requesting entity or person shall provide assurances in the written request that provisions of state laws which require heightened security and privacy will be complied with.
(3)
Any information obtained pursuant to this section shall be used only for treatment purposes, to enable the Department of Correction and the Department of Community Correction to assign the incarcerated person to the correct unit or to enable the Department of Correction or the Department of Community Correction to file insurance claims, if applicable.
(4)
Any hospital, clinic, medical office, or other such entity and the owners, officers, directors, employees, or agents of such entity, or any other person who, in good faith, furnishes any records or information to the Department of Correction or the Department of Community Correction pursuant to this subsection shall be immune from any liability, civil or criminal, that might otherwise be incurred or imposed in the absence of this subsection.
(e)
(1)
If an inmate in the Department of Correction or a person in the custody of the Department of Community Correction receives medical services that meet criteria for Medicaid coverage, the departments are authorized to apply for Medicaid coverage under this subsection.
(2)
(A)
The inmate or person may designate a representative for the purposes of filing a Medicaid application and complying with Medicaid requirements for determining and maintaining eligibility.
(B)
However, the agency having custody of the inmate or person shall be the authorized representative for purposes of establishing and maintaining Medicaid eligibility under this subsection if:
(i)
The inmate or person does not designate a representative within three (3) business days after request; or
(ii)
The representative designated under subdivision (e)(2)(A) of this section does not file a Medicaid application within three (3) business days after appointment and request.
(3)
An authorized representative under this subsection:
(A)
Shall have access to the information necessary to comply with Medicaid requirements; and
(B)
May provide and receive information in connection with establishing and maintaining Medicaid eligibility, including confidential information.
(4)
(A)
The Director of the Department of Correction or the Director of the Department of Community Correction or his or her designee may access information necessary to determine if a Medicaid application has been filed on behalf of the inmate or person.
(B)
Disclosure under subdivision (e)(4)(A) of this section shall be to:
(i)
Establish Medicaid eligibility;
(ii)
Provide healthcare services; or
(iii)
Pay for healthcare services.
(5)
(A)
The Department of Human Services shall allow applications for Medicaid coverage and benefits to be submitted up to forty-five (45) days before the release of:
(i)
An inmate or offender not previously qualified or previously qualified and subsequently suspended; or
(ii)
An inmate or offender, eighteen (18) years of age or older, adjudicated as delinquent and not previously qualified or previously qualified and subsequently suspended.
(B)
To the extent feasible, the Department of Correction and the Department of Community Correction shall provide for Medicaid coverage applications to be submitted online to the Department of Human Services.
(C)
A sentencing order shall satisfy the identity verification for Medicaid applications, if required for an application, and if permitted by federal law.
Amended by Act 2015, No. 895,§ 11, eff. 9/1/2015.
Amended by Act 2013, No. 467,§ 1, eff. 8/16/2013.
Amended by Act 2013, No. 462,§ 1, eff. 8/16/2013.
Acts 1968 (1st Ex. Sess.), No. 50, § 11; A.S.A. 1947, § 46-150; Acts 1993, No. 884, § 1; 1995, No. 291, § 1; 2001, No. 161, § 1.