Access to Needed Medications while in Jail

Despite the presence of diseases and chronic medical conditions in inmates, it is suspected that often they have less access to medications that can treat these conditions. Those with asthma and type-2 diabetes are the most at risk for not having access to necessary medications. But those with hepatitis C or opioid use disorders experience similar challenges.

Accessing Medications

“Access to health care that meets appropriate standards of care remains far from guaranteed for incarcerated individuals in the US.”  Dr. Laura Hawks and Dr. Emily Wang

Unfortunately, the incarcerated population is increasingly sicker, and aging. Both of which can be associated with increased disease risk. Recent research was published in a prominent medical journal (JAMA, The Journal of the American Medical Association, Health Forum) and evaluated access to medication for 7 chronic conditions.

Compared to the general population, there was a difference in medication availability for all of these conditions. The smallest difference indicated that the general population had almost twice as much as access to medications, 1.9 fold. And the largest difference was more than 5 times as much as access, 5.5 fold.

Another important finding was that the most current or up to date medications were less available to inmates. Specific to diabetes treatments, only 1.8% of inmates received these newer medications, as opposed to 12.3% of the general public.

Barriers to Access

High drug prices are a notable problem in general, but research estimates that it is likely jails and prisons are also facing high drug prices. Research from 2017 estimates that 15% of incarcerated systems’ annual health care expenses go to purchasing medications. This is 5% higher than the national average for medication or pharmaceutical spending in general.

This may be due to the fact that medications are purchased from the same sources that Medicaid uses, but incarcerated systems have far less negotiating power in terms of pricing. Another important note is that for those in jail or prison, they are actually excluded from care by Medicaid. Specifically, this means they are not able to benefit from the Medicaid Drug Rebate Program, which would be a mechanism to decrease medication prices, making them potentially more accessible.

Requirements

Access to medications can be a tricky situation. Bringing your own medications to jail will almost undoubtedly not me allowed (under the assumption they could be other drugs). Both jails and prisons are mandated to provide adequate care, but this does not necessarily dictate quality care. This could mean that it is up to prison medical staff as to which specific drugs are prescribed based on their judgment, and availability.

Inmates do also have the ability to refuse medications–in most cases. Legally though, while inmates can refuse medications, there are conditions where the health of the community or inmate population may outweigh that right. This usually is the case with venereal or contagious diseases. And medical providers have implied consent when a patient is unconscious, or if it is in the interest of saving the inmates life.  When it comes to mental health conditions and the need for psychotropic medications, there are sometimes more instances where treatment can be forced.

How to get Help

The first step is to make sure that jail or prison officials are aware of your medical condition. This should be identified during the intake process, but requests for additional medical evaluations and/or calls from family and friends notifying the facility could be options that might help.

If nothing else, it is important to document the issue. Make sure you inform medical staff, use all avenues to request or received medical attention, and file a grievance if necessary.

Unfortunately, care has to be adequate–and not necessarily optimal. So most importantly is to advocate for your needs and ensure there it is truly known that you have a known medical problem requiring treatment. When a facility refuses to provide care for a known treatment is when they are more likely to be for injuries or impacts.

If you or a loved one has experienced these types of challenges while in jail, consider reaching out to one of our experienced attorneys to see if we can help.

Written By: Allison Kunerth

Allison Kunerth

Allison Kunerth, Ph.D. earned her Ph.D. in Public Health Studies at Saint Louis University. She also earned a P.S.M. in Biology at Illinois Institute of Technology, and an M.S. in Biosecurity and and Disaster Preparedness at Saint Louis University. Doctor Kunerth earned a B.S. in General Science at University of Oregon. Doctor Kunerth has worked as a writer, data analyst, communicable disease planner, program analyst, and laboratory technician. She has served in the military since 2010, currently serving as a Medical Service Corps Officer, with the rank of Captain, in the United States Army Reserve. Doctor Kunerth has published extensively, being either the primary or contributing author to approximately fifteen journal publications. Doctor Kunerth has also been the primary or co-presenter for approximately fourteen poster presentations. She has worked with the Lane County Public Health Advisory Committee, International Society of Disease Surveillance, and Saint Louis Regional Radiological Response Medical Reserve Corps.