Training Primer - Prisoners

[Danni R.]

What an interesting post! Rarely do we "honest citizens" get a glimpse into the inner workings of a prison or "pen", except what is made for TV and consider where and how they get their health care and medical attention met. Some years ago my husband worked as a prison guard in the Correctional Facilities of South Carolina. He said those people were hard-core. A different world. A money machine for the state, or, not uncommon now, in private contractor's hands. Big, big, big money. On a funny note, recently, while watching TV there were advertisements for telephone discount plans for prisoners! I am not kidding. I hope, just for the laughs, you will see the add in your area. This way you know I am not making this up.

[Steve Verno]

With the way things are in our world, some people choose to become prisoners through the commission of a crime.  Images of Shawshank, Alcatraz, Sing Sing, or Leavenworth.  Prison life is not the dreams of fun and sun. It is a dangerous place to be but it is better than starvation and being homeless.  One man stole $1 just to be sent to jail.  He stole just so he could go to jail for the medical care.  In some cases the medical care is free and paid for by the taxpayers.  Some prisoners serve life sentances and as they become older, they face the same medical conditions we face.  Some require major surgery, cancer treatment, dialysis or more expensive methods of life saving protocols. The cost of this medical care is of concern to lawmakers.  There are many types of incarceration.  There is the local law enforcement such as with the Mayberry Sheriff, then you have State, Federal and Military.  Local or State medical care costs may be regulated by applicable State Law.  A doctor and Medical Biller must know their State and Federal laws that regulate health care and payment for that health care.

I live in Florida, so I am familiar with Florida's laws as it pertains to Health Insurance, Workers Compensation and Personal Injury Protection.  I am not a lawyer and I dont pretend to be one but I can have a layperson and intelligent understanding of the wording behind a law.  For example if a law says it is a violation of the law to urinate in the potted plants at Outback Steakhouse, I know not to do that.  I do not know the laws of the other 49 states and US territories.  If I work for doctors from Johnson City, New York, or Clarksville, Iowa,  I know I must be familiar with New York and Iowa Statutes in addtion to Florida Statutes.  

In Florida, there is a statute regarding prisoner healthcare.  If you look at Florida Statute 945.6037  Non-emergency health care; inmate copayments, you can see that it says the following:

(1)(a)  Effective October 1, 1997, for each nonemergency visit by an inmate to a health care provider which visit is initiated by the inmate, the inmate must make a copayment of $4. A copayment may not be charged for the required initial medical history and physical examination of the inmate.

(b)  The copayment for an inmate's health care must be deducted from any existing balance in the inmate's bank account. If the account balance is insufficient to cover the copayment, 50 percent of each deposit to the account must be withheld until the total amount owed has been paid.

(c)  The proceeds of each copayment must be deposited in the General Revenue Fund.

(d)  The department may waive all or part of the copayment for an inmate's visit to a health care provider if the health care:

1.  Is provided in connection with an extraordinary event that could not reasonably be foreseen, such as a disturbance or a natural disaster;

2.  Is an institutionwide health care measure that is necessary to address the spread of specific infectious or contagious diseases;

3.  Is provided under a contractual obligation that is established under the Interstate Corrections Compact or under an agreement with another jurisdiction which precludes assessing such a copayment;

4.  Was initiated by the health care provider or consists of routine followup care;

5.  Is initiated by the inmate to voluntarily request an HIV test;

6.  Produces an outcome that requires medical action to protect staff or inmates from a communicable disease; or

7.  When the inmate is referred to mental health evaluation or treatment by a correctional officer, correctional probation officer, or other person supervising an inmate worker.

(2)  The department may provide by rule for a supplemental copayment for a medical consultation relating to an inmate's health care and occurring outside the prison or for a prosthetic device for an inmate. The supplemental copayment must be used to defray all or part of the security costs associated with the surveillance and transport of the inmate to the outside consultation or with the fitting and maintenance of the prosthetic device. The proceeds of each supplemental copayment must be deposited into the General Revenue Fund.

(3)(a)  An inmate may not be denied access to health care as a result of not paying any copayment or supplemental copayment that is provided for in this section.

(b)  An inmate must not be given preferential access to health care as a result of paying any copayment or supplemental copayment that is provided for in this section.

(c)  The expenses and operating capital outlay required to develop, implement, and maintain the medical copayment accounting system must be appropriated by the Legislature.

Again, I am not a lawyer and I am not here to interpret what the law means, I leave that to the professionals who have passed the Bar Exams.