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Primary Visit Fees Waived for COVID-19 Symptoms

by Rebecca Witte last modified Mar 26, 2020 03:35 PM

Beginning March 25, when incarcerated individuals make a first (primary) visit to the on-site medical team to report possible COVID-19 symptoms, they will no longer pay the $2 primary visit fee. K.A.R. 44-5-115 authorizes the collection of $2 from an inmate for each primary visit initiated by the inmate, but K.A.R. 44-5-115(c)(8) exempts primary visits for “emergency treatment.”

On March 11, 2020, the World Health Organization declared the worldwide outbreak of COVID-19 to be a pandemic. In response, on March 12, 2020, Governor Kelly declared a State of Disaster Emergency. On March 13, 2020, President Trump declared the ongoing COVID-19 a pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states.

In response to this national and state emergency, on March 17, 2020, all inmates and offenders in the custody of the Secretary were notified of steps taken to mitigate the spread of this deadly virus into the facilities.  Symptoms of COVID-19 were described and inmates and offenders were instructed to report these symptoms immediately if they were experienced.

Incarcerated individuals who were assessed a fee for visits related to COVID-19 symptoms since Governor Kelly’s emergency declaration may request a reversal of the fee. The reversal may be requested by the individual through an F-9 form addressed to the Health Services Administrator (HSA) who will review and either approve the reimbursement or deny the request with sufficient details explaining the decision and returning it to the offender. 

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