§ 36.23 CO-PAYMENTS OF INMATES AT THE COUNTY JAIL.
   (A)   Purpose. The purpose of this section shall be to authorize and establish a procedure for the County Sheriff to require inmates to make a co-payment for medical treatment they receive while an inmate of the County Jail.
   (B)   Specifications. The General Assembly of the State has added a new section to the state code, which establishes when the Sheriff may require a co-payment from an inmate, and the Sheriff shall follow I.C. 11-12-5-5 which is set forth as follows in the table below:
“Sec. 5.(a)    This section does not apply to a person confined to a County Jail who:
         (1)   maintains a policy of insurance from a private company covering:
            (a)   medical care;
            (b)   dental care;
            (c)   eye care; or
            (d)   any other health care related service;
         (2)   is willing to pay for the person’s own medical care; or
         (3)   is committed to the Department of Correction.
      (b)   except as provided in subsection (b), a person confined to a County Jail may be required to make a copayment in an amount not more than ten ($10) dollars for each provision of any of the following services:
         (1)   medical care
         (2)   dental care
         (3)   eye care
         (4)   any other health care related service
      (c)   a person confined to a County Jail required to make a copayment under subsection (b) if:
         (1)   the person does not have funds in the person’s commissary account or trust account at the time the service is provided;
         (2)   the person does not have funds the person’s commissary account or trust account within thirty (30) days after the service is provided;
         (3)   the service is provided in an emergency;
         (4)   the service is provided as a result of an injury received in the County Jail; or
         (5)   the service is provided at the request of the Sheriff or Jail Administrator.
      (d)   Money collected must be deposited the County Medical Care for Inmates Fund.
      (e)   Rules for the implementation this section must be approved by the County legislative body.”
 
   (C)   Procedure. Prior to the collection of any funds by the County Sheriff under the authority of this section, the Sheriff shall prepare a set of rules and regulations establishing the manner and procedure as to how the collection of funds shall be carried out.
(Ord. 1994-12, passed 8-22-1994)