South Carolina General Assembly
113th Session, 1999-2000

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Bill 3867


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3867
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990407
Primary Sponsor:                  J. Brown
All Sponsors:                     J. Brown, Scott, Gourdine, Inabinett, 
                                  Lloyd, Parks and Breeland
Drafted Document Number:          l:\council\bills\nbd\11280jm99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Inmate Health Care Ombudsman, health care 
                                  services to prisoners; Medical, Insurance, 
                                  Prisons


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990407  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND TITLE 24 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES AND PARDONS, BY ADDING CHAPTER 2, SO AS TO PROVIDE FOR AN INMATE HEALTH CARE OMBUDSMAN TO ENSURE PROPER HEALTH CARE SERVICE TO INMATES AND TO PROVIDE FOR A CITIZENS PRISON HEALTH CARE ADVISORY BOARD.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 24 of the 1976 Code is amended by adding:

"CHAPTER 2

Inmate Health Care

Section 24-2-100. (A) For purposes of this chapter 'facility' means any institution or facility of the South Carolina Department of Corrections and the forensic unit at the South Carolina Department of Mental Health.

(B) 'Ombudsman' means the Inmate Health Care Ombudsman who is appointed by the Governor, upon advice and consent of the Senate, and who is required to investigate allegations or reports of a lack of medical services for inmates in state facilities.

(C) 'General hospital or general clinic' means a location providing medical services outside of a facility.

(D) 'Department' means the South Carolina Department of Corrections.

(E) 'Board' means the Citizens Prison Health Care Advisory Board established in this chapter.

Section 24-2-110. (A) The Inmate Health Care Ombudsman is required to investigate any problem or complaint relative to health care or mental health care on behalf of any interested party or any inmate of any facility. In carrying out the investigation, the ombudsman may request and shall receive written statements, documents, exhibits, and other items pertinent to the investigation. These items include, but are not limited to, medical records of a facility hospital or facility clinic or any general hospital or clinic in which an inmate has been treated during the period under investigation. The department, facility hospitals or facility clinics and general hospitals or general clinics must release the inmate's medical records to the ombudsman upon the ombudsman's written request without the necessity of inmate authorization. The ombudsman shall also have access to any and all records of an inmate, including, but not limited to, records of conviction, probation eligibility, parole eligibility, discipline, grievance, and administrative or classification records. Any files maintained by the ombudsman shall be disclosed in the ombudsman's report, at the discretion of the ombudsman, except that the identity, disease, or illness of any inmate of any facility shall not be disclosed by such ombudsman unless:

(1) the inmate, or his or her legal representative, consents in writing to disclosure; or

(2) disclosure is required by court order.

(B) Following the investigation the ombudsman may issue his or her report and recommendations as, in his or her opinion, will assist in improving the provision of medical care and health services in the facility under investigation.

(C) The ombudsman may meet with any inmate within the department and endeavor to assist any inmate alleging insufficiency or improper provision of health care or mental health care services by the department. The ombudsman shall have access to all correctional institutions of the department, at any time, and without prior notice, unless the safety of the ombudsman would be endangered due to an institutional emergency.

(D) The ombudsman must complete an initial evaluation of the complaint or allegation within ten working days after the receipt of the allegation or complaint from an inmate. The final report on the finding of the investigation of the allegation must be completed within thirty days of the receipt of the allegation.

Section 24-2-120. All departments, officers, and employees of the State shall cooperate with the ombudsman in carrying out his or her duties pursuant to this chapter.

Section 24-2-130. Any person, including but not limited to prison guards, correctional officers, doctors, internists, nurses, nurses aides, or orderlies, required or permitted to report pursuant to this chapter or who participate in judicial proceedings resulting therefrom, and acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings, good faith shall be rebuttably presumed.

Section 24-2-140. This chapter does not apply to any county-operated prison, jail or detention center operated exclusively from county funds, or to any jail or detention center operated exclusively from municipal taxes.

Section 24-2-150. (A) The Inmate Health Care Ombudsman is authorized to receive and investigate reports of refusal to provide health care services or improper provision of health care services in state facilities.

(B) The ombudsman is authorized to receive and investigate reports or allegations of inadequate or improper health care services occurring in state facilities to determine whether the report or allegation is unfounded. A finding of a lack of health care services or improper provision of medical services must be supported by a preponderance of the evidence available to the ombudsman. The determination by an ombudsman that insufficient or improper health care services exist in a state facility may be appealed by the Department of Corrections to the Administrative Law Judge Division.

(C) The ombudsman shall promulgate regulations consistent with this chapter and these regulations shall cover, at a minimum, investigation of reports, notice to the facilities and sponsoring agencies or departments, and remedial action.

(D) The ombudsman is authorized to require the State Law Enforcement Division to receive and investigate reports or allegations of a lack of inmate health care alleged to have occurred in any facility, entity or prison operated by the Department of Corrections. The State Law Enforcement Division may promulgate regulations consistent with this chapter to investigate an ombudsman's report and to take remedial action, if necessary.

(E) The ombudsman may initiate proceedings in the circuit court to enjoin the operations of a facility in order to force immediate injunctive relief or corrective action to remedy insufficient or improper inmate health care.

(F) Notwithstanding the provisions of subsection (A) or any other provision of this chapter, the ombudsman may not investigate an allegation of the insufficient or improper provision of inmate health care when the inmate is in the custody of a private, county or municipal correctional facility, correctional institution, jail, prison or detention center operated exclusively by a county, municipality or a joint county-municipal detention center venture. Any allegations of lack of health care services in other than state facilities must be investigated by the ombudsman of the Office of the Governor pursuant to Article 1, Chapter 35, Title 43, and Chapter 38, Title 43.

Section 24-2-160. A Citizens Prison Health Care Advisory Board is established and authorized:

(A) to assist the ombudsman in the investigation and reporting of the resolution of inmate complaints and allegations of insufficient or improper provision of inmate health care or inmate mental health care;

(B) to advise and inform the General Assembly and the Office of the Governor of current trends and needs in the department's provision of inmate health care and mental health care; and

(C) to advise the director of the department, or his designee, of the results of investigations into allegations of insufficient or improper provision of inmate health care or inmate mental health care and to advise the department on the implementation, improvements and general modifications relative to the provision or proper inmate health and mental health care services.

Section 24-2-170. (A) The board shall consist of seven members appointed by and serving at the pleasure of the Governor. One of the members shall be an inmate or prisoner advocate; one member shall be an inmate family member; one member shall be a former inmate; one member shall be a residing circuit court judge; one member shall be an employee of the department; one member shall be a member of the public at large who is either a victim of a violent crime or a representative or advocate of a victims of violent crime group or association; and one member shall be a doctor who is currently licensed and practicing in this State. Except for the initial appointments, the members shall be appointed for a term of three years each and no member may serve more than two consecutive terms. Two of the initial appointments shall be for terms of one year. Two of the initial appointments shall be for terms of two years. Three of the initial appointments shall be for terms of three years. Upon completion of the service of the initial term, appointments shall be for three years to allow staggered replacement of board members each year. A chair shall be elected by a vote of the board members. A majority of the board shall constitute a quorum. Board members shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.

(B) The board shall meet quarterly, or additionally as needed, and upon the request of a majority of the board, the board chair, or at the request of the ombudsman. The board may appoint a clerk. The department may provide the board with adequate meeting space. The board is an autonomous entity, independent of the department and the Office of the Ombudsman within the Office of the Governor.

Section 24-2-180. (A) The board shall have access to all correctional institutions, at any time, and without prior notice to the department, unless the safety of the members of the board would be endangered due to an institutional emergency. Further, the board may meet with any inmate within the department and endeavor to assist any inmate alleging insufficient or improper provision of health care or mental health care services by the department. The board shall be allowed to meet with inmates out of sight and hearing of any officer or employee of the department if the board so requests.

(B) The board may request and shall receive written statements, documents, exhibits, and other pertinent items. These items include, but are not limited to, medical records of a facility hospital or facility clinic or any general hospital or clinic in which an inmate has been treated during the period under investigation. The department, facility hospitals or facility clinics and general hospitals or general clinics must release the inmate's medical records to the board upon the ombudsman's written request without the necessity of inmate authorization.

(C) The board shall also have access to any and all records of an inmate, including, but not limited to, records of conviction, probation eligibility, parole eligibility, discipline, grievance, administrative, classification and any and all medical records. The board shall not disseminate any files, or any other information, except as required in a report to the General Assembly, Office of the Governor, or the department."

SECTION 2. This act takes effect upon approval by the Governor.

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