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Union Calendar No. 506
106th CONGRESS
2d Session
H. R. 1349
[Report No. 106-851]
To amend title 18, United States Code, to combat the overutilization of
prison health care services and control rising prisoner health care
costs.
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IN THE HOUSE OF REPRESENTATIVES
March 25, 1999
Mr. Salmon (for himself, Mr. Shows, Mr. Smith of New Jersey, Mr.
Martinez, Mr. Coburn, Mr. Taylor of Mississippi, Mr. Schaffer, Mr.
Hayworth, Mr. Nethercutt, Mr. English, Mr. Gilman, Mr. Cook, Mr. Barton
of Texas, Mr. Foley, and Mr. Castle) introduced the following bill;
which was referred to the Committee on the Judiciary
September 14, 2000
Additional sponsors: Mr. Smith of Washington, Mr. Gary Miller of
California, Mr. Whitfield, Mr. Evans, Mr. Chabot, Mr. Barrett of
Nebraska, Mr. Bilbray, Mr. Goode, Mr. Cunningham, Mr. Ney, Mr. Forbes,
Mr. Peterson of Pennsylvania, Mr. Pitts, Mr. Kolbe, Mr. Stump, Mr.
Green of Wisconsin, Mr. Condit, Mr. Weldon of Florida, Mr. Calvert, Mr.
Cannon, Mr. Latham, Mr. Miller of Florida, Mr. Gibbons, Mr.
Sensenbrenner, Mr. Riley, Mr. Jones of North Carolina, Mr. Graham, Mr.
DeMint, Mr. Goodlatte, Mr. Barr of Georgia, Mr. Lazio, Mr. McKeon, Mr.
Rohrabacher, Mr. Gekas, Mr. Herger, Mr. Barcia, Mr. Souder, Mrs.
Fowler, Mr. DeFazio, Mr. Packard, Mr. Bartlett of Maryland, Mr. Sam
Johnson of Texas, and Mrs. Myrick
September 14, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
25, 1999]
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A BILL
To amend title 18, United States Code, to combat the overutilization of
prison health care services and control rising prisoner health care
costs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Prisoner Health Care
Copayment Act of 2000''.
SEC. 2. HEALTH CARE FEES FOR PRISONERS IN FEDERAL INSTITUTIONS.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4048. Fees for health care services for prisoners
``(a) Definitions.--In this section--
``(1) the term `account' means the trust fund account (or
institutional equivalent) of a prisoner;
``(2) the term `Director' means the Director of the Bureau
of Prisons;
``(3) the term `health care provider' means any person who
is--
``(A) authorized by the Director to provide health
care services; and
``(B) operating within the scope of such
authorization;
``(4) the term `health care visit'--
``(A) means a visit, as determined by the Director,
by a prisoner to an institutional or noninstitutional
health care provider; and
``(B) does not include a visit initiated by a
prisoner--
``(i) pursuant to a staff referral; or
``(ii) to obtain staff-approved follow-up
treatment for a chronic condition; and
``(5) the term `prisoner' means--
``(A) any individual who is incarcerated in an
institution under the jurisdiction of the Bureau of
Prisons; or
``(B) any other individual, as designated by the
Director, who has been charged with or convicted of an
offense against the United States.
``(b) Fees for Health Care Services.--
``(1) In general.--The Director, in accordance with this
section and with such regulations as the Director shall
promulgate to carry out this section, may assess and collect a
fee for health care services provided in connection with each
health care visit requested by a prisoner.
``(2) Exclusion.--The Director may not assess or collect a
fee under this section for preventative health care services,
emergency services, prenatal care, diagnosis or treatment of
chronic infectious diseases, mental health care, or substance
abuse treatment, as determined by the Director.
``(c) Persons Subject to Fee.--Each fee assessed under this section
shall be collected by the Director from the account of--
``(1) the prisoner receiving health care services in
connection with a health care visit described in subsection
(b)(1); or
``(2) in the case of health care services provided in
connection with a health care visit described in subsection
(b)(1) that results from an injury inflicted on a prisoner by
another prisoner, the prisoner who inflicted the injury, as
determined by the Director.
``(d) Amount of Fee.--Any fee assessed and collected under this
section shall be in an amount of not less than $1.
``(e) No Consent Required.--Notwithstanding any other provision of
law, the consent of a prisoner shall not be required for the collection
of a fee from the account of the prisoner under this section. However,
each such prisoner shall be given a reasonable opportunity to dispute
the amount of the fee or whether the prisoner qualifies under an
exclusion under this section.
``(f) No Refusal of Treatment for Financial Reasons.--Nothing in
this section may be construed to permit any refusal of treatment to a
prisoner on the basis that--
``(1) the account of the prisoner is insolvent; or
``(2) the prisoner is otherwise unable to pay a fee
assessed under this section.
``(g) Use of Amounts.--
``(1) Restitution of specific victims.--Amounts collected
by the Director under this section from a prisoner subject to
an order of restitution issued pursuant to section 3663 or
3663A shall be paid to victims in accordance with the order of
restitution.
``(2) Allocation of other amounts.--Of amounts collected by
the Director under this section from prisoners not subject to
an order of restitution issued pursuant to section 3663 or
3663A--
``(A) 75 percent shall be deposited in the Crime
Victims Fund established under section 1402 of the
Victims of Crime Act of 1984 (42 U.S.C. 10601); and
``(B) 25 percent shall be available to the Attorney
General for administrative expenses incurred in
carrying out this section.
``(h) Notice to Prisoners of Law.--Each person who is or becomes a
prisoner shall be provided with written and oral notices of the
provisions of this section and the applicability of this section to the
prisoner. Notwithstanding any other provision of this section, a fee
under this section may not be assessed against, or collected from, such
person--
``(1) until the expiration of the 30-day period beginning
on the date on which each prisoner in the prison system is
provided with such notices; and
``(2) for services provided before the expiration of such
period.
``(i) Notice to Prisoners of Regulations.--The regulations
promulgated by the Director under subsection (b)(1), and any amendments
to those regulations, shall not take effect until the expiration of the
30-day period beginning on the date on which each prisoner in the
prison system is provided with written and oral notices of the
provisions of those regulations (or amendments, as the case may be). A
fee under this section may not be assessed against, or collected from,
a prisoner pursuant to such regulations (or amendments, as the case may
be) for services provided before the expiration of such period.
``(j) Notice Before Public Comment Period.--Before the beginning of
any period a proposed regulation under this section is open to public
comment, the Director shall provide written and oral notice of the
provisions of that proposed regulation to groups that advocate on
behalf of Federal prisoners and to each prisoner subject to such
proposed regulation.
``(k) Reports to Congress.--Not later than 1 year after the date of
the enactment of the Federal Prisoner Health Care Copayment Act of
2000, and annually thereafter, the Director shall transmit to Congress
a report, which shall include--
``(1) a description of the amounts collected under this
section during the preceding 12-month period;
``(2) an analysis of the effects of the implementation of
this section, if any, on the nature and extent of health care
visits by prisoners;
``(3) an itemization of the cost of implementing and
administering the program;
``(4) a description of current inmate health status
indicators as compared to the year prior to enactment; and
``(5) a description of the quality of health care services
provided to inmates during the preceding 12-month period, as
compared with the quality of those services provided during the
12-month period ending on the date of the enactment of such
Act.''.
(b) Clerical Amendment.--The analysis for chapter 303 of title 18,
United States Code, is amended by adding at the end the following:
``4048. Fees for health care services for prisoners.''.
SEC. 3. HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL
INSTITUTIONS.
Section 4013 of title 18, United States Code, is amended by adding
at the end the following:
``(c) Health Care Fees for Federal Prisoners in Non-Federal
Institutions.--
``(1) In general.--Notwithstanding amounts paid under
subsection (a)(3), a State or local government may assess and
collect a reasonable fee from the trust fund account (or
institutional equivalent) of a Federal prisoner for health care
services, if--
``(A) the prisoner is confined in a non-Federal
institution pursuant to an agreement between the
Federal Government and the State or local government;
``(B) the fee--
``(i) is authorized under State law; and
``(ii) does not exceed the amount collected
from State or local prisoners for the same
services; and
``(C) the services--
``(i) are provided within or outside of the
institution by a person who is licensed or
certified under State law to provide health
care services and who is operating within the
scope of such license;
``(ii) constitute a health care visit
within the meaning of section 4048(a)(4) of
this title; and
``(iii) are not preventative health care
services, emergency services, prenatal care,
diagnosis or treatment of chronic infectious
diseases, mental health care, or substance
abuse treatment.
``(2) No refusal of treatment for financial reasons.--
Nothing in this subsection may be construed to permit any
refusal of treatment to a prisoner on the basis that--
``(A) the account of the prisoner is insolvent; or
``(B) the prisoner is otherwise unable to pay a fee
assessed under this subsection.
``(3) Notice to prisoners of law.--Each person who is or
becomes a prisoner shall be provided with written and oral
notices of the provisions of this subsection and the
applicability of this subsection to the prisoner.
Notwithstanding any other provision of this subsection, a fee
under this section may not be assessed against, or collected
from, such person--
``(A) until the expiration of the 30-day period
beginning on the date on which each prisoner in the
prison system is provided with such notices; and
``(B) for services provided before the expiration
of such period.
``(4) Notice to prisoners of state or local
implementation.--The implementation of this subsection by the
State or local government, and any amendment to that
implementation, shall not take effect until the expiration of
the 30-day period beginning on the date on which each prisoner
in the prison system is provided with written and oral notices
of the provisions of that implementation (or amendment, as the
case may be). A fee under this subsection may not be assessed
against, or collected from, a prisoner pursuant to such
implementation (or amendments, as the case may be) for services
provided before the expiration of such period.
``(5) Notice before public comment period.--Before the
beginning of any period a proposed implementation under this
subsection is open to public comment, written and oral notice
of the provisions of that proposed implementation shall be
provided to groups that advocate on behalf of Federal prisoners
and to each prisoner subject to such proposed
implementation.''.
SEC. 4. COMPREHENSIVE HIV/AIDS SERVICES REQUIRED TO BE INCLUDED IN
HEALTH CARE SERVICES FOR WHICH HEALTH CARE FEES MAY BE
ASSESSED.
Any health care services for which a person may be assessed a fee
under section 4048 of title 18, United States Code (as added by section
2) or section 4013(c) of such title (as added by section 3) shall
include comprehensive coverage for services relating to human
immunodeficiency virus (HIV) and acquired immune deficiency syndrome
(AIDS).
Union Calendar No. 506
106th CONGRESS
2d Session
H. R. 1349
[Report No. 106-851]
_______________________________________________________________________
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