North Carolina § 153A-225 - Medical care of prisoners.

§ 153A-225. Medical care of prisoners.

Each unit that operates a local confinement facility shall develop a plan for providing medical care for prisoners in the facility. The plan: Shall be designed to protect the health and welfare of the prisoners and to avoid the spread of contagious disease; Shall provide for medical supervision of prisoners and emergency medical care for prisoners to the extent necessary for their health and welfare; Shall provide for the detection, examination and treatment of prisoners who are infected with tuberculosis or venereal diseases; and May utilize Medicaid coverage for inpatient hospitalization or for any other Medicaid services allowable for eligible prisoners, provided that the plan includes a reimbursement process which pays to the State the State portion of the costs, including the costs of the services provided and any administrative costs directly related to the services to be reimbursed, to the State's Medicaid program. If a prisoner in the custody of a local confinement facility dies, the medical examiner and the coroner shall be notified immediately, regardless of the physical location of the prisoner at the time of death. Within five days after the day of the death, the administrator of the facility shall make a written report to the local or district health director and to the Secretary of Health and Human Services. The report shall be made on forms developed and distributed by the Department of Health and Human Services. Whenever a local confinement facility transfers a prisoner from that facility to another local confinement facility, the transferring facility shall provide the receiving facility with any health information or medical records the transferring facility has in its possession pertaining to the transferred prisoner. If a person violates any provision of this section (including the requirements regarding G.S. 130-97 and 130-121), he is guilty of a Class 1 misdemeanor. The unit shall develop the plan in consultation with appropriate local officials and organizations, including the sheriff, the county physician, the local or district health director, and the local medical society. The plan must be approved by the local or district health director after consultation with the area mental health, developmental disabilities, and substance abuse authority, if it is adequate to protect the health and welfare of the prisoners. Upon a determination that the plan is adequate to protect the health and welfare of the prisoners, the plan must be adopted by the governing body. As a part of its plan, each unit may establish fees of not more than twenty dollars ($20.00) per incident for the provision of nonemergency medical care to prisoners and a fee of not more than ten dollars ($10.00) for a 30-day supply or less of a prescription drug. In establishing fees pursuant to this section, each unit shall establish a procedure for waiving fees for indigent prisoners. History (1967, c. 581, s. 2; 1973, c. 476, ss. 128, 138; c. 822, s. 1; 1973, c. 1140, s. 3; 1989, c. 727, s. 204; 1991, c. 237, s. 2; 1993, c. 539, s. 1062; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 385, s. 1; 1997-443, s. 11A.112; 2003-392, s. 1; 2004-199, s. 46(a); 2011-145, s. 31.26(f); 2011-192, s. 7(n); 2013-387, s. 2; 2013-389, s. 1; 2018-76, s. 1.) Editor's Note. - Sections 130-97 and 130-121, referred to in subsection (c) of this section, were repealed by Session Laws 1983, c. 891, s. 1. Session Laws 2011-145, s. 31.26(g), as added by Session Laws 2011-192, s. 7(n), provides: "This section becomes effective August 1, 2011." Session Laws 2011-192, s. 7(n), was contingent on House Bill 200, 2011 Regular Session, becoming law. House Bill 200 was enacted as Session Laws 2011-145. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2013-387, s. 3, provides: "In preparation for the effective date of Section 2 of this act [July 1, 2014], the Department of Health and Human Services, Division of Medical Assistance, shall work with the North Carolina Association of County Commissioners to prepare for G.S. 153A-225(a)(4), as enacted by Section 2 of this act. The Department of Health and Human Services, Division of Medical Assistance, shall use a uniform method, developed by the North Carolina Association of County Commissioners, which will allow all counties to interface with the Division of Medical Assistance to implement this act. The Department of Public Safety shall provide technical assistance as needed." Effect of Amendments. - Session Laws 2011-145, s. 31.26(f), effective August 1, 2011, substituted "twenty dollars ($20.00)" for "ten dollars ($10.00)" in the last paragraph of subsection (a). Session Laws 2013-387, s. 2, effective July 1, 2014, added subdivision (a)(4); and made related minor punctuation and stylistic changes. Session Laws 2018-76, s. 1, effective June 25, 2018, rewrote the first sentence of subsection (b), which formerly read: "If a prisoner in a local confinement facility dies, the medical examiner and the coroner shall be notified immediately."