Inmates in prisons and billing of the cost of hospital care provided: which administration should pay the fee?

Abstract

The prison administration is responsible for guaranteeing health benefits to inmates in prisons. These health benefits can be provided by their own means or other people's means - primary care - and, preferably, through the National Health System - specialized care. This article focuses on the problem of the assumption of cost and, in particular, whether it is the prison administration or the health administration responsible for assuming the costs derived from hospital care provided by public health services in those cases in which assisted prisoners are affiliated with Social Security and there is no collaboration agreement between the Prison and Health Administration. It will also influence the determination of the competent jurisdiction to resolve conflicts in this regard, covering other characteristic cases of conflict between social jurisdiction and contentious-administrative jurisdiction.