The Florida Senate

945.6037  Nonemergency health care; inmate copayments.--

(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 from the Inmate Welfare Trust Fund. The fiscal assistants and accountants at the correctional facilities funded from the Inmate Welfare Trust Fund are, in addition to their duties relating to the inmate canteen and bank, responsible for managing the medical copayment system.

History.--s. 7, ch. 94-273; s. 33, ch. 95-283; s. 7, ch. 97-260.