Current through Register Vol. 63, No. 9, September 1, 2024
(1) An AIC may
request approval to purchase elective care or treatment, including a request to
purchase a healthcare service from a healthcare provider in the community. The
department will only approve those requests that in the department's judgment
are medically appropriate and are otherwise consistent with the department's
concerns for institution security and order, public safety, and sound
correctional practice.
(a) The AIC's trust
account must have sufficient funds to pay for the purchase of the elective care
before the requested service is scheduled or before the requested item is
ordered, unless other financial arrangements have been made. The cost of
elective care includes expenses associated with providing the treatment,
including follow-up care, as well as all costs associated with transport and
security. To obtain an elective service or item under this rule, an AIC must
sign a withdrawal request form for their trust account before the Department
will provide the service or item. The AIC's trust account will be charged for
the estimated or actual cost of the service or item. If an AIC must pre-pay
before obtaining the service or item, the AIC must sign a withdrawal request
form with sufficient funds available and debited before the service or item is
provided. Upon delivery of the device, any variance from the actual cost will
be indebted or credited to the AIC's trust account accordingly.
(b) For medical requests, the chief medical
officer of the facility must review and approve follow-up care and treatment
recommended by community providers. Any requests to purchase elective dental
care from community providers must be reviewed and approved by the department's
dental director.
(c) Health
Services may consider the following when determining whether to authorize an
AIC to purchase a service or item, or whether an AIC must pre-pay or may incur
indebtedness to obtain the service or item:
(A) Urgency of need;
(B) Time left on sentence;
(C) Overall necessity;
(D) Morbidity;
(E) Mortality;
(F) Functional disability;
(G) Expected improvement;
(H) Alternatives;
(I) Risks and benefits;
(J) Costs and benefits; and
(K) Security concerns.
(d) Except as provided in OAR
291-124-0041, OAR 291-124-0043
(eyeglasses), OAR 291-124-0044 (hearing aids) and OAR 291-124-0045 (durable
medical equipment), an AIC is generally required to pay for elective devices
that become the personal property of the AIC. An AIC is not generally required
to pay for medical items that are provided for limited-term medical condition
(casts, splints, ace wraps,) for short-term use (canes, crutches, or braces),
or for a medically necessary procedure (heart valves, cardiac stent,
inter-ocular lens implants.)
(e)
Footwear: Health Services may approve footwear that is not subject to OAR
291-124-0045, on a case-by-case basis.
(f) Health Services may decline to authorize
elective devices that are of minimal proven medical value, and authorization
decisions must be weighed against safety and security concerns. Examples of
items that are not generally authorized include, but are not limited to,
high-top tennis shoes, soft pillows, heating pads, and knee sleeves for
sports.
(g) Items for self-care are
available on the commissary list. An AIC may be advised to purchase a
particular self-care item by Health Services employees. Such advice is intended
as education in self-care and is not a directive that the item is considered
medically necessary.
(2)
Expenses for Medical Care for AICs on Escape, Short-Term Transitional Leave,
Non-Prison Leave, Parole, Post-Prison Supervision, or Emergency Leave:
(a) Expenses incurred for healthcare of
offenders on parole or post-prison supervision are the responsibility of the
offender.
(b) Expenses incurred for
healthcare of AICs on escape status are not the responsibility of the
department.
(c) Expenses incurred
for healthcare of AICs on short-term transition leave and non- prison leave are
the responsibility of the AIC.
Statutory/Other Authority: ORS
179.040,
423.020,
423.030 &
423.075
Statutes/Other Implemented: ORS
179.040,
423.020,
423.030 &
423.075