(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)