Law bars prison health fees and sets treatment safeguards

The Department of Correction must stop charging people in its custody for health care and cancel earlier charges for that care. The rule covers health care of any kind, including medical, dental, mental health, emergency, and specialty care. The department must stop assessing these charges beginning no later than July 1, 2026, and cancel earlier charges.

The department must provide medically necessary procedures in a timely, clinically appropriate way and document delays, denials, or refusals. These rules cover medically necessary procedures for people incarcerated in Department of Correction facilities. The department may perform a procedure in a correctional facility only when it can be done safely; a procedure needing specialized equipment or a higher level of care must be provided by a licensed health care institution. The commissioner may delay or override a procedure only if a specific safety or security risk exists and cannot reasonably be reduced. The department must document why care was delayed or not provided. The department must develop and maintain an electronic health records system within available bond authorizations. The text sets no start date for these care duties. The electronic health records system must be developed and maintained within available bond authorizations.

The Department of Correction and the Correction Medical and Health Commission must set timing and emergency procedures for certain medications and document missed or late doses. The protocols apply to time-critical medications given to people incarcerated in Department of Correction facilities, including during facility lockdowns. The list must include time-critical medicines, such as medicines for diabetes, seizure disorders, heart conditions, serious mental illness, and medication-assisted treatment. A person’s refusal must be written and signed by that person, and a supervisor must be able to review the records. The text gives no separate deadline for creating the medication list or protocols.