The United States Constitution and several U.S. Supreme Court rulings have established that inmates have as much right to healthcare as non-incarcerated persons. The U.S. Supreme Court particularly recognizes any attempt to withhold or delay medical care as an ‘unusual and cruel’ punishment according to the Eighth Amendment (Wakeman & Rich, 2010, p. 505). Therefore, when healthcare personnel and prison officers deliberately act indifferent to the medical needs of the prisoners, they are in violation of the Amendment and liable to prosecution (Carlson & Garrett, 2008, p. 99). The court is right in its ruling because inmates are just typical citizens who have found themselves in prison, some of whom are innocent, and they deserve the dignity and care given to free people. In addition, inmates are released back into the society after serving their term and if still infected, could spread the diseases to the greater population. To preserve the dignity and enhance the health of the prison population, the government should spare no effort in providing for the healthcare needs of this group.
The principles and guidelines in the Constitution that govern imprisonment indicate that the government has the duty of providing sufficient resources to maintain health standards at the correctional facilities. It is also clear that a lack of resources should not be an excuse that leads to the violation of prisoners’ statutory and constitutional healthcare rights (Freudenberg, 2011, p. 218). The Affordable Care Act that shifted the cost of expensive medical care for local and state prisoners to the federal government has even made this easier (Wilper et al., 2009, p. 668). Under this Act, prisoners are eligible for Medicaid medical coverage, the prisoners are covered even for extended hospital stays that could include a kidney transplant or any other complicated medical procedure. Besides, a prisoner who stays in a medical facility for more than 24 hours is no longer ‘incarcerated’ and Medicaid has the duty of reimbursing the medical expenses.
Delegate your assignment to our experts and they will do the rest.
Inmates who have contracted HIV infections should also receive medication, despite it being expensive. A significant proportion of inmates suffer from chronic illnesses like diabetes and HIV/AIDS (Binswanger, Krueger & Steiner, 2009, p. 11). Providing care to these prisoners helps to control the spread of the disease because the more a person takes medication, the lower the chances of infecting others because the medication weakens the virus (Carlson & Garrett, 2008, p. 103). Providing preventative care and treatment to prisoners is also important because these people eventually return to the society and could easily diffuse the illness to other members of the society. The cost of treatment need not be an issue in this case because ironically, the right to healthcare for prisoners is guaranteed in the constitution and as mentioned earlier, the Constitution demands that health care services be provided to inmates regardless (Binswanger, Krueger & Steiner, 2009, p. 14). In addition, medication will help make the living conditions in prison bearable. HIV/AIDS is a degenerative disease and requires medication to ensure that the person maintains their vitality and strength. Since prisoners already have their freedom denied, a disease that has visible symptoms would lead the patients to mental health issues like depression and the possibility of harassment from other inmates. To avoid situations like this, medication should be provided to ensure that infected prisoners maintain their dignity and self-esteem, making the correction process easier.
In conclusion, it is only humane to ensure that an incarcerated person receives the same care as the free in the society. The amount that the government spends on healthcare services for a free person, it should also be ready to spend towards prisoners’, if not more. The Constitution requires this of the government and the government has ensured this by extending Medicaid insurance to prisoners. Medication for HIV is also important because it helps to maintain the health and dignity of the prisoners, making the correction process easier.
References
Binswanger, I. A., Krueger, P. M., & Steiner, J. F. (2009). Prevalence of chronic medical conditions among jail and prison inmates in the United States compared with the general population. Journal of Epidemiology & Community Health , 2009.
Freudenberg, N. (2011). Jails, prisons, and the health of urban populations: a review of the impact of the correctional system on community health. Journal of Urban Health 78(2)214-235.
Wakeman, S. E., & Rich, J. D. (2010). HIV treatment in US prisons. HIV Therapy , 4 (4), 505–510.
Wilper, A. P., Woolhandler, S., Boyd, J. W., Lasser, K. E., McCormick, D., Bor, D. H., & Himmelstein, D. U. (2009). The Health and Health Care of US Prisoners: Results of a Nationwide Survey. American Journal of Public Health , 99 (4), 666–672.
Carlson, P. M., & Garrett, J. S. (2008). Prison and jail administration: Practice and theory (2nd ed.). Burlington, MA: Jones and Bartlett Pub.
