Arkansas Administrative Code › Agency 004 - DEPARTMENT OF CORRECTIONS › Rule 004.00.91-017 - Inmate Emergency Medical Expenses Incurred while in County Jails

Current through Register Vol. 49, No. 6, June, 2024
810 Inmate
		  Emergency Medical Expenses Incurred while in County Jails
I.
AUTHORITY
:
The Board of Correction is vested with the authority to
			 promulgate administrative regulations by Act 50 of 1968, First Extraordinary
			 Session, as amended; and by the Administrative Procedures Act, (Act 434 of 1967
			 as amended).
Specific pieces of legislation implemented, in part, through this
			 administrative regulation are Act 309 of 1983; Acts 329, 574, and 1112 of the
			 1991, Regular Session.
II.
PURPOSE
:
Establishes the criteria for payment of certain medical expenses,
			 incurred with proper approval/ associated with emergent medical needs for
			 eligible felons serving sentences or assigned to designated programs in county
			 jails, and outlines procedures to be followed by counties in submitting such
			 bills for payment.
III.
APPLICABILITY
:
The staff of Field Services, all convicted felons with signed
			 commitment orders incarcerated in county jails, county sheriffs and supervisors
			 of county detention facilities.
IV.
DEFINITIONS
:
A.
Eligible
- those
		  individuals, convicted of felonies, on whom valid commitment orders have been
		  signed, and who, pursuant to that commitment order or through a program of the
		  Arkansas Department of Correction, are, at the time of the illness or injury,
		  incarcerated in the county jail (including individuals on work programs, whose
		  residence is in the county jail). Felons newly committed to the Arkansas
		  Department of Correction do not become eligible until 30 days after the signing
		  of the commitment order. Individuals transferred to the county jail contract
		  program as a regular transfer (Act 309) or placed in the county jail by a
		  parole officer are immediately eligible.
B.
Appropriate
		  Approval
- approval obtained through the office of the
		  Administrator of Medical Services prior to the rendering of health care. In
		  true emergency situations, care may be rendered without prior approval. The
		  Administrator of Medical Services is to be notified of such emergency events
		  within 24 hours and provide approval for any necessary continued
		  care.
C.
Emergent
		  Medical Need
- Illness or injury which threatens life or limb,
		  causes undue or avoidable suffering, subjects the individual to further risk,
		  or is likely to cause deterioration of health status if not promptly treated.
		  Health conditions resulting from injuries or illnesses preceding eligibility
		  (defined in section A, above), and chronic conditions do not qualify, unless
		  the condition presents an emergent threat as defined above.
D.
Medical Expenses
- expenses associated with diagnosis and/or treatment of an emergent injury or
		  illness, as billed by the health care service provider.
E.
Designated
		  Programs
- programs established under Section 9 of Act 50 of the
		  First Extraordinary Session of 1968; programs established by Act 309 of 1983;
		  and Acts 329, 574 and 1112 of 1991. Inmates on county jail backup are not
		  participating in a designated program (Act 574) until 30 days after their
		  commitment papers are signed.
V.
POLICY
:
The Arkansas Department of Correction shall upon legal
			 responsibility, and contingent on appropriation and availability of funds, pay
			 certain medical expenses for eligible felons housed in county jails.
VI.
PROCEDURE
:
A. If a
		  convicted felon is known to have a preexisting health condition likely to
		  necessitate treatment or requiring a level of monitoring not available in the
		  county facility/ the Administrator of Medical Services should be notified. A
		  determination will be made as to whether the seriousness of the condition and
		  the potential expense to the county warrant bringing the individual into the
		  Department of Correction on the basis of a medical emergency.
B. Should an individual with a preexisting
		  condition need treatment on an emergency basis (loosely defined in terms of a
		  situation that would lead a prudent family to take the affected family member
		  to a hospital emergency room) , the sheriff or deputy should notify the
		  Administrator of Medical Services as soon as possible.
C. Routine care for preexisting conditions is
		  the responsibility of the agency having physical custody or the individual. If
		  a convicted felon is on furlough or is otherwise living in the community, the
		  Department assumes no responsibility for any of the individual's medical
		  expenses.
D. Illness or injury
		  requiring medical care to an individual in the physical custody of the county
		  shall be reported as promptly as possible to the Administrator of Medical
		  Services, who will approve the treatment to be (being) rendered and/or
		  recommend transfer to the Department of Correction.
E. As a matter of record, the sheriff shall
		  cause a description of the incident and the types of medical services used to
		  be logged on the "Health Incident Form," (810-HIF). This form must be signed by
		  the sheriff or deputy attesting that the services received are properly billed.
		  This form shall be sent to the attention of the Administrator of Medical
		  Services.
F. All bills relating to
		  diagnosis and treatment of a particular illness or injury should be attached to
		  810-HIF and sent at one time. At the same time, the individual receiving
		  treatment is to be asked to sign a Release of Medical Information form to the
		  primary service provider, in order for medical records to be sent to the
		  Administrator of Medical Services. If the individual refuses to sign for
		  release of information/ the other side of the form should be signed, indicating
		  that the individual or some family member accepts responsibility for the
		  bills.
G. Bills will be handled
		  through the department's Utilization Review mechanism and processed for payment
		  directly to the provider.
H.
		  Medical costs may be paid only to the limits of legal liability, legislative
		  appropriation and the availability of funds for this purpose. Should either
		  spending authority or fund availability be insufficient for a particular bill,
		  that bill will be returned to the Sheriff with a letter of explanation as to
		  why the Arkansas Department of Correction cannot encumber the cost.
I. To the maximum extent possible, medical
		  resources available to the department shall be used to keep down the costs of
		  providing medical care to convicted felons. This shall be the case regardless
		  of whether or not the department can reimburse the county.
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Board of Correction Approval Date: 8/28/91
Attorney General Review Date: 8/28/91
Date Filed Secy, of State: 8/29/91