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§ 5-405. Incarcerated individual medical care

West's Annotated Code of MarylandCorrectional ServicesEffective: October 1, 2023

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 5. Division of Pretrial Detention and Services (Refs & Annos)
Subtitle 4. Baltimore City Detention Center
Effective: October 1, 2023
MD Code, Correctional Services, § 5-405
§ 5-405. Incarcerated individual medical care
(a) An incarcerated individual in the Baltimore City Detention Center who is sick, injured, or disabled shall:
(1) reimburse the State, as appropriate, for the payment of medical expenses; and
(2) provide the warden with any information relating to:
(i) the existence of any health insurance, group health plan, or prepaid medical care coverage under which the incarcerated individual is insured or covered;
(ii) the incarcerated individual's eligibility for benefits under the Maryland Medical Assistance Program;
(iii) the name and address of the third party payor; and
(iv) any policy or other identifying number relating to items (i) through (iii) of this item.
(b)(1) In addition to obtaining any reimbursement authorized under subsection (a) of this section and subject to paragraph (4) of this subsection, the Department shall establish a reasonable fee, not to exceed $4, for each visit by an incarcerated individual to an institutional medical unit or noninstitutional physician, dentist, or optometrist.
(2) The per visit fee shall be deducted from an incarcerated individual's spending financial account, reserve financial account, or similar account held by the warden on behalf of the incarcerated individual.
(3) The fees collected under this subsection shall be deposited in the General Fund of the State.
(4) This subsection does not apply to a visit by an incarcerated individual to a medical unit or a physician, dentist, or optometrist if the visit is:
(i) required as a part of the intake process;
(ii) required for an initial physical examination;
(iii) due to a referral by a nurse or physician's assistant;
(iv) provided during a follow-up visit that is initiated by a medical professional from the Baltimore City Detention Center;
(v) initiated by a medical or mental health staff member of the Baltimore City Detention Center; or
(vi) required for necessary treatment.
(c) Subsections (a) and (b) of this section do not impose liability for reimbursement or payment of medical expenses on any person other than an incarcerated individual personally or through a person that provides insurance, coverage, or other benefits described under subsection (a) of this section.


Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Formerly Art. 87, § 46.
MD Code, Correctional Services, § 5-405, MD CORR SERV § 5-405
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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