Sec. 5. (a) This section does not apply to a person committed to the department who:

(1) maintains a policy of insurance from a private company covering:

(A) medical care;

(B) dental care;

(C) eye care; or

(D) any other health care related service; or

(2) is willing to pay for the person's own medical care.

(b) Except as provided in subsection (c), a person committed to the department may be required to make a copayment in an amount of not more than ten dollars ($10) for each provision of any of the following services:

(1) Medical care.

(2) Dental care.

(3) Eye care.

(4) Any other health care related service.

(c) A person committed to the department is not required to make the copayment under subsection (b) if:

(1) the person does not have funds in the person's commissary account or trust account at the time the service is provided;

(2) the person does not have funds in the person's commissary account or trust account within thirty (30) days after the service is provided;

(3) the service is provided in an emergency;

(4) the service is provided as a result of an injury received in the correctional facility; or

(5) the service is provided at the request of the administrator of the correctional facility.

(d) Money collected under this section must be used to reimburse the department whenever a person makes a copayment as a result of health care related services provided during the person's confinement in a correctional facility.

(e) The department shall adopt rules under IC 4-22-2 to implement this section.

As added by P.L.143-1995, SEC.1.