Del. C. » Title 11 — Prisons and Prisoners · CHAPTER 65. Department of Correction · Crimes and Criminal Procedure

11 Del. C. § 6536

Medical care

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(a) The Department shall promulgate reasonable standards, and shall establish reasonable health, medical and dental services, for each institution, including preventive, diagnostic and therapeutic measures on both an out-patient and hospital basis for all types of patients. The nature and extent of such medical and dental services shall be determined by the Commissioner of Correction in consultation with the Bureau Chief of Correctional Healthcare Services. The Department may authorize, under regulations, inmates to be taken, with or without guard, to a medical institution or facility outside the institution.

(b) The Department shall charge a reasonable fee as defined by the Department for every inmate initiated visit with an institutional health-care practitioner for examination and/or treatment. The Department shall not charge an inmate for medical visits initiated by medical/mental health staff, visits as a result of a reference to a physician from a physician’s assistant or nurse practitioner, follow-up visits initiated by a medical professional or visits resulting from a chronic medical condition. The Department shall not be responsible for the cost of medical visits to or by outside medical consultants if the visits were not ordered by institutional medical services personnel. Notwithstanding the above, an inmate shall not be refused medical treatment for financial reasons; provided, however, that the Department shall debit an inmate’s account for future payment to the Department in the event funds are deposited in said account and the Department shall retain records of an inmate’s account upon the release of the inmate from the custody of the Department if such account has a negative balance. The outstanding balance of such an account shall be reinstated should that person be committed to the custody of the Department at some future time.

(c) The Department may charge a reasonable fee, not to exceed the cost to the Department, for any prescription or nonprescription medication. The Department shall not be responsible for the cost of prescriptive drugs or medications prescribed by outside medical consultants unless approved by institutional medical services personnel. Notwithstanding the above, an inmate shall not be refused medications for financial reasons; provided, however, that the Department shall debit an inmate’s account for future payment to the Department in the event funds are deposited in said account and the Department shall retain account records upon the release of the inmate from the custody of the Department if such account has a negative balance. The outstanding balance of such account shall be reinstated should that person be committed to the custody of the Department in the future.

(d) Notwithstanding any provision of the Delaware Code to the contrary, there shall be established a special fund of the State to be known as the Medical Cost Recovery Fund. The Department of Correction shall, commencing upon July 1, 1996, deposit funds assessed pursuant to subsections (b) and (c) of this section into the Medical Cost Recovery Fund. The Department may use the Medical Cost Recovery Fund to defray the costs of medical services provided to inmates.

(e) The Department shall provide onsite hospice services to any terminally ill inmate or defendant confined in facilities operated by the Department at the request of a care provider with whom the Department has a contract. Hospice services provided by the Department, or its contractor, must be provided in a manner consistent with the regulations of the Department of Health and Social Services (DHSS), and shall meet all licensure standards set forth therein, governing the provision of hospice services in the State to the fullest extent possible without compromising the security and safety considerations of the institutions wherein the hospice services are being provided. The Department of Correction (DOC) may require alternate procedures for the provision of hospice services in any DOC facility where strict adherence to DHSS regulations would compromise the security and safety considerations of that facility. DOC contractors need not apply for or obtain a license from DHSS in order to provide hospice services in any DOC facility. For the purposes of this section, “hospice” and “hospice services” shall be as defined by DHSS regulations.

(f) The Department shall ensure that all female inmates in a Department of Correction facility, at level IV or V, receive annual or biennial screening mammograms as recommended by the United States Preventive Services Task Force. The decision as to whether an inmate receives a mammogram annually or biennially shall be made by the inmate and the inmate’s health-care practitioner and shall be based on the inmate’s individual risk factors for developing breast cancer.

11 Del. C. 1953, §  6536;  54 Del. Laws, c. 349, §  1;  56 Del. Laws, c. 60;  70 Del. Laws, c. 410, §  1;  72 Del. Laws, c. 475, §  1;  78 Del. Laws, c. 305, §  7;  79 Del. Laws, c. 56, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 333, § 1; 
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1975–2024 · leading case: Anderson v. Redman
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Anderson v. Redman (1977) ded “11 Del. C. § 6536 provides in part: “The Department shall promulgate reasonable standards, and shall establish reasonable health, medical and dental services, for each institution, including preventive diagnostic and therapeutic measures or both an out-patient and hospital basis…”
Derrickson v. Keve (1975) ded “3 11 Del.C.Ann. § 6536 (1970) states: “The Department [of Corrections] shall promulgate reasonable standards, for and shall establish reasonable health, medical and dental services, for each institution, including preventive, diagnostic and therapeu tic measures on both an…”
State v. Desmond (2020) delsuperct · cites it 2× “Defendant has cited 11 Del. C. § 6536 (c) as the basis for his request.”
State v. King (2024) delsuperct · cites it 2× “Horta as persuasive authority to grant a modification of sentence. In Horta, the modification of sentence request was filed by DOC pursuant to 11 Del.”
Brooks v. Lynch (2016) del “Brooks sought a declaration that: (i) defendant Krafchick had engaged in fraud and misfeasance; (ii) defendant Lynch had violated Brooks’ statutory right to medical care under 11 Del. C. § 6536 by denying his vitiligo treatment for financial reasons;3 and (iii) all three…”
O'Neal v. State (2020) del “In support of his motion, O’Neal averred that the Department of Correction (“DOC”) was providing him with substandard medical care in violation of 11 Del. C. § 6536 and submitted DOC sick call logs as well as records related to medical grievance 1 O’Neal v.”
State v. Hampton (2020) delsuperct “29, 2003) (where Court considered sentence modification for inmate who had actually suffered a heart attack because Court found, in fact, the DOC had failed to provide the inmate with adequate medical care under 11 Del. C. § 6536). 27 Lindsey, 2020 WL 4038015 , at *3.”
State v. Jones (2020) delsuperct “29, 2003) (where Court considered sentence modification for inmate who had actually suffered a heart attack because Court found, in fact, the DOC had failed to provide the inmate with adequate medical care under 11 Del. C. § 6536). 27 Lindsey, 2020 WL 4038015 , at *3.”
— 11 Del. C. § 6536(a) — 1 case
State v. King (2024) delsuperct “Horta as persuasive authority to grant a modification of sentence. In Horta, the modification of sentence request was filed by DOC pursuant to 11 Del.”
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