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§ 11-203. Health and welfare of incarcerated individuals

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

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 11. Local Correctional Facilities (Refs & Annos)
Subtitle 2. Safety, Health, and Welfare of Incarcerated Individuals (Refs & Annos)
Effective: October 1, 2023
MD Code, Correctional Services, § 11-203
§ 11-203. Health and welfare of incarcerated individuals
Currentness
(a)(1) The managing official of a local correctional facility shall provide to an incarcerated individual in the custody of the managing official:
(i) food and board; and
(ii) any article of comfort that is considered necessary for a sick incarcerated individual by the physician attending the incarcerated individual.
(2) Except as provided in §§ 11-204 and 11-205 of this subtitle and subject to subsections (b), (c), and (d) of this section, the county shall pay the costs associated with food, board, and articles of comfort provided to incarcerated individuals under paragraph (1) of this subsection.
(b) An incarcerated individual in a local correctional facility who is sick, injured, or disabled shall:
(1) reimburse the county, as appropriate, for the payment of medical expenses; and
(2) provide the managing official 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 any third party payor; and
(iv) any policy or other identifying number relating to items (i) through (iii) of this item.
(c)(1) In addition to obtaining any reimbursement authorized under subsection (b) of this section and subject to paragraph (4) of this subsection, the governing body of each county shall establish a reasonable fee, not to exceed $4, for each visit by an incarcerated individual in a local correctional facility 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 managing official on behalf of the incarcerated individual.
(3) The fees collected under this subsection shall be deposited in the general fund of the county.
(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 local correctional facility;
(v) initiated by a medical or mental health staff member of the local correctional facility; or
(vi) required for necessary treatment.
(d) Subsections (b) and (c) 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 (b) of this section.

Credits

Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 1999, c. 64, § 1, eff. Oct. 1, 1999; Acts 2008, c. 496, § 1, eff. July 1, 2008; Acts 2023, c. 721, § 3, eff. Oct. 1, 2023.
Formerly Art. 87, § 46.
MD Code, Correctional Services, § 11-203, MD CORR SERV § 11-203
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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