Utah Code 64-13-30. Expenses incurred by offenders — Payment to department or county jail — Medical care expenses and copayments

(1)

Terms Used In Utah Code 64-13-30

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Contract: A legal written agreement that becomes binding when signed.
Department: means the Department of Corrections. See Utah Code 64-13-1
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Inmate: means an individual who is:

(a)	committed to the custody of the department; and

(b)

housed at a correctional facility or at a county jail at the request of the department. See Utah Code 64-13-1

Offender: means an individual who has been convicted of a crime for which the individual may be committed to the custody of the department and is at least one of the following:

(a)	committed to the custody of the department;

(b)	on probation; or

(c)	on parole. See Utah Code 64-13-1 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)	The department or county jail may require an inmate to make a copayment for medical and dental services provided by the department or county jail.

(b)	For services provided while in the custody of the department, the copayment by the inmate is $5 for primary medical care, $5 for dental care, and $2 for prescription medication.

(c)	For services provided outside of a prison facility while in the custody of the department, the offender is responsible for 10% of the costs associated with hospital care with a cap on an inmate’s share of hospital care expenses not to exceed $2,000 per fiscal year.

(2)

(a)	An inmate who has assets exceeding $200,000, as determined by the department upon entry into the department’s custody, is responsible to pay the costs of all medical and dental care up to 20% of the inmate’s total determined asset value.

(b)	After an inmate has received medical and dental care equal to 20% of the inmate’s total asset value, the inmate is subject to the copayments provided in Subsection (1).

(3)	The department shall turn over to the Office of State Debt Collection any debt under this section that is unpaid at the time the offender is released from parole.

(4)	An inmate may not be denied medical treatment if the inmate is unable to pay for the treatment because of inadequate financial resources.

(5)

When an offender in the custody of the department receives medical care that is provided outside of a prison facility, the department shall pay the costs:

(a)	at the contracted rate; or

(b)

(i)	if there is no contract between the department and a health care facility that establishes a fee schedule for medical services rendered, expenses shall be at the noncapitated state Medicaid rate in effect at the time the service was provided; and

(ii)	if there is no contract between the department and a health care provider that establishes a fee schedule for medical services rendered, expenses shall be 65% of the amount that would be paid under the Public Employees’ Benefit and Insurance Program, created in Section 49-20-103.

(6)	Expenses described in Subsection (5) are a cost to the department only to the extent that they exceed an offender’s private insurance that is in effect at the time of the service and that covers those expenses.

(7)

(a)	The Public Employees’ Benefit and Insurance Program shall provide information to the department that enables the department to calculate the amount to be paid to a health care provider under Subsection (5)(b).

(b)	The department shall ensure that information provided under Subsection (7)(a) is confidential.

Amended by Chapter 243, 2016 General Session

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