Md. Code Ann., Correct. Servs. § 5-405
Incarcerated individual medical care
Effective Oct 1, 2024Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2023, c. 721, § 3, eff. Oct. 1, 2023; Acts 2024, c. 99, § 1, eff. Oct. 1, 2024; Acts 2024, c. 100, § 1, eff. Oct. 1, 2024.State of Maryland
(a) An incarcerated individual in the centralized booking facility who is sick, injured, or disabled shall:
- (1) reimburse the State, as appropriate, for the payment of medical expenses; and
(2) provide the warden 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 the third party payor; and
- (iv) any policy or other identifying number relating to items (i) through (iii) of this item.
(b)
- (1) In addition to obtaining any reimbursement authorized under subsection (a) of this section and subject to paragraph (4) of this subsection, the Department shall establish a reasonable fee, not to exceed $4, for each visit by an incarcerated individual 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 warden on behalf of the incarcerated individual.
- (3) The fees collected under this subsection shall be deposited in the General Fund of the State.
(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 centralized booking facility;
- (v) initiated by a medical or mental health staff member of the centralized booking facility; or
- (vi) required for necessary treatment.
- (c) Subsections (a) and (b) 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 (a) of this section.
Added by Acts 1999, c. 54, § 2, eff. Oct. 1, 1999. Amended by Acts 2023, c. 721, § 3, eff. Oct. 1, 2023; Acts 2024, c. 99, § 1, eff. Oct. 1, 2024; Acts 2024, c. 100, § 1, eff. Oct. 1, 2024.
Formerly Art. 87, § 46.