[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 704 Enrolled Bill (ENR)]

        S.704

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
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 heath 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.
    ``(l) Comprehensive HIV/AIDS Services Required.--The Bureau of 
Prisons shall provide comprehensive coverage for services relating to 
human immunodeficiency virus (HIV) and acquired immune deficiency 
syndrome (AIDS) to each Federal prisoner in the custody of the Bureau 
of Prisons when medically appropriate. The Bureau of Prisons may not 
assess or collect a fee under this section for providing such 
coverage.''.
    (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.
        ``(6) Comprehensive hiv/aids services required.--Any State or 
    local government assessing or collecting a fee under this 
    subsection shall provide comprehensive coverage for services 
    relating to human immunodeficiency virus (HIV) and acquired immune 
    deficiency syndrome (AIDS) to each Federal prisoner in the custody 
    of such State or local government when medically appropriate. The 
    State or local government may not assess or collect a fee under 
    this subsection for providing such coverage.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.