[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1349 Reported in House (RH)]






                                                 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.


_______________________________________________________________________


                    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]

_______________________________________________________________________

                                 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]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           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