RSA 622:31-a · Medical Care; Inmate Copayment Required

622:31-a Medical Care; Inmate Copayment Required. –

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I.

The commissioner of the department of corrections shall adopt policies and procedures establishing reasonable medical and health service fees for the medical services that are provided to inmates at any state facility.

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II.

Except as provided in paragraph III, the commissioner may charge each inmate a reasonable fee for medical and mental health services, including prescriptions, medication, or prosthetic devices. The fee shall be deducted from the inmate's account.

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III.

The commissioner shall exempt the following inmates or medical visits by inmates from payment of medical and health services fees:

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(a)

Medical visits initiated by the medical or mental health staff, consultants, or contract personnel of the department.

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(b)

Inmates at reception centers.

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(c)

Juvenile inmates.

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(d)

Pregnant inmates.

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(e)

Seriously mentally ill inmates.

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(f)

Developmentally disabled inmates, as determined by authorized staff.

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(g)

Inmates who are housed in the secure psychiatric unit.

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(h)

Inmates who are undergoing follow-up medical treatment for chronic diseases.

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IV.

An inmate shall not be refused medical treatment for financial reasons.

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V.

The commissioner shall establish criteria for reasonable deductions from moneys credited to the inmate's account to repay the cost of medical treatment for injuries that were self-inflicted or inflicted by the inmate on others.

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VI.

All moneys received by the department for medical and health service fees shall be deposited in the general fund.

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VII.

The commissioner shall establish criteria for reasonable deductions from moneys credited to the inmate's account to repay the cost of:

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(a)

Property that the inmate willfully damages or destroys during the inmate's incarceration.

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(b)

Searching for and apprehending an inmate who escapes or attempts to escape.

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(c)

Quelling a riot or other disturbance in which the inmate is unlawfully involved. No inmate shall be subject to deductions from moneys credited to the inmate's account under paragraphs V and VII until the inmate has been afforded a due process hearing and has been found guilty.

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VIII.

For purposes of this section, "reasonable fee" and "reasonable deduction" mean an amount to be determined by the commissioner of corrections, and which shall be based upon the actual or approximate costs of the property or service for which reimbursement is required.

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IX.

For purposes of this section, "inmate's account" means the moneys belonging to an inmate which are held in the department of corrections trust fund. Source. 1995, 296:1, eff. Jan. 1, 1996.

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