Current through Register Vol. 49, No. 9, September, 2024
The Board of Corrections is vested with the authority to
promulgate administrative rules by, but not limited to Ark. Code Ann. §
12-27-105,
and §
12-27-114.
II.
PURPOSE:
This Administrative Rule establishes rules by which the
Department of Correction may reimburse any county, which is required to retain
an inmate awaiting delivery to the custody of the Department of
Correction.
III.
APPLICABILITY:
This policy applies to the staff of the Arkansas Department of
Correction (ADC), Arkansas sheriffs, county jail staff, and inmates housed in
county jails, provided that ADC has received a signed and correct commitment or
sentencing order.
IV.
DEFINITIONS:
A.
Eligible -
Inmates on whom ADC has received signed and correct commitment or sentencing
orders and who, pursuant to that commitment or sentencing order are at the time
of the illness or injury, housed in the county jail. Also, inmates placed in
county jails that have been revoked to the custody of the Department of
Correction are immediately eligible.
B.
Appropriate
Approval - approval must be obtained through the Office of the ADC
Administrator of Medical Services prior to the rendering of health care. In
true emergency situations, care may be rendered and reimbursed without prior
approval. The ADC Administrator of Medical Services is to be notified of such
emergencies immediately after the emergency situation and provide approval for
any necessary continued care.
C.
Emergent Medical Need - illness or injury that
threatens life or limb, causes undue or unavoidable suffering, subjects the
inmate to further unacceptable health risks, or is likely to result in
deterioration of health status if not promptly treated. Chronic conditions do
not qualify, unless their progressions or developments present symptoms of an
emergent threat as an emergent medical need is defined herein.
D.
Medical Expenses
- expenses associated with diagnosis and/or treatment of an emergent medical
need, as billed by the health service provider.
V.
POLICY:
The Arkansas Department of Correction shall upon establishment of
its 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 an inmate 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 ADC Administrator
of Medical Services should be notified. The Department will determine whether
the seriousness of the condition and the potential expense to the county
warrants bringing the inmate into the Department of Correction.
B. Should an inmate with a preexisting
condition need treatment on an emergency basis (a situation that would lead a
prudent family member to take the affected family member to a hospital
emergency room), the sheriff or deputy should notify the ADC Administrator of
Medical Services as soon as possible.
C. Routine care for preexisting conditions is
the responsibility of the agency having physical custody of the inmate. If the
inmate is on furlough or is otherwise living in the community, the Department
assumes no responsibility for any of the inmate's medical expenses.
D. A Health Service Request Form (HSRF) must
be completed for an illness or injury requiring medical care to an inmate in
the physical custody of the county and must be reported as promptly as possible
to the ADC Administrator of Medical Services. A determination will be made as
to whether the treatment is approved and the county will be informed. A
recommendation for transfer to the Department of Correction may also be
considered.
E. The sheriff shall
cause a description of the incident and the types of medical services used to
be logged on the HSRF. 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 ADC Administrator of Medical Services.
F. All bills relating to diagnosis and
treatment of a particular illness or injury should be attached to an approved
HSRF and sent to the attention of the ADC Administrator of Medical Services. An
inmate receiving treatment is to be asked to sign a Release of Medical
Information form indicating that the primary service provider may release
his/her medical records to the ADC Administrator of Medical Services. If the
inmate refuses to sign for release of information, the form should be signed
indicating that the inmate or some family member accepts responsibility for the
bills.
Bills will be handled through the department's Utilization Review
mechanism and processed for payment directly to the provider.
G. 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 undertake payment of the cost.
H. Medical resources available to the
Department shall be used to keep down the costs of providing medical care to
inmates regardless of whether or not the Department can reimburse the county.
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Board Approval Date: 11-23-2015
Effective Date: 12-03-2015
