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Title Regulations Governing the Handling of the Inmates’ Financial Difficulties for Medical Treatment in Prisons and Detention CentersCH
Date 2020.07.15
Legislative Promulgated on July 15, 2020
Content

Article 1


These Regulations are established in accordance with Paragraph 5, Article 59 of the Prison Act and Paragraph 5, Article 53 of the Detention Act.


 


Article 2


The terms used in these Regulations are defined as follows:


1. Authority: referring to prison or detention center under the Agency of Corrections, Ministry of Justice, including any branch or female unit set up by the prison, and any branch or female unit set up by the detention center.


2. Inmate: Referring to a prisoner or a detained defendant.


 


Article 3


The criteria of financial difficulty in Paragraph 4, Article 59 of the Prison Act and Paragraph 4, Article 53 of the Detention Act, shall mean that inmates received treatments from medical institutions or doctors appointed by the authorities, and there are actual facts showing that the inmates have become unable to pay expenses arising from relevant medical care, and are in any of the following circumstances:


1. Inmates’ money under safekeeping or labor wage is not enough to pay the bills, and inmates have proof of low income or middle-to-low income issued by township (city or district) or poverty proof issued by the head of village or neighborhood within last one year.


2. Inmates’ support obligators are unable to pay expenses arising from relevant medical care, and are in any of the following circumstances:


(1) Obligators’ families are low income or middle-to-low income families set forth in the Public Assistance Act and hold unexpired proof issued by township (city or district).


(2) Obligators hold poverty proof issued by the head of village or neighborhood within last one year.


(3) Obligators need long-term treatments due to major illness or other diseases and hold medical proof issued by medical institutions within the last 6 months.


(4) There are actual facts showing that the obligators are unable to pay expenses arising from relevant medical care received by the inmates.


3. Obligators cannot be reached and thus they are unable to pay expenses arising from relevant medical care.


 


Article 4


Inmates having one of the circumstances under the preceding article shall submit application with proofs to authorities, before treatments or within 3 months after receiving treatments.


Inmate shall re-apply in accordance with the preceding paragraph if after 6 months since the determination by the authorities, his/her financial condition has not improved.


 


Article 5


For inmates who meet the qualifications set forth in the preceding two articles, within 6 months after inmates have received treatments, if their money under safekeeping or labor wage can be used to pay the fees of the medical treatments, the authorities may deduct the money from inmates’ money under safekeeping or labor wage and pay the expenses arising from relevant medical treatments.


 


Article 6


Authorities shall require the inmates to reimburse the medical expenses if the inmates are in one of the following circumstances aiming to avoid payments or deduction of money under safekeeping or labor wage:


1. Submit false documents.


2. Conceal or refuse to provide documents required by authorities.


3. Obtain the proof by fraud or in unjust methods.


Authorities shall deduct the fee under the preceding paragraph from inmates' money under safekeeping or labor wage. If the deduction amount is not enough, authorities shall order the inmates to reimburse within 30 days in administrative disposition in writing. Authorities may send the cases for execution if the inmates have not reimbursed the money in designated period.


 


Article 7


Authorities shall take inmates’ needs and security managements into consideration, to designate the treatment time, places, and methods. The time, places and methods of treatments shall not be appointed by the inmates.


 


Article 8


These Regulations may apply mutatis mutandis to the handling of financial difficulties in having medical treatments for people under observation or rehabilitation, people under drug rehabilitation treatment, people subjected to compulsory labor, people subjected to reformatory education, juvenile inmates and people under custody.


 


Article 9


These Regulations shall take effect as of July 15, 2020.