[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 704 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 704
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 SENATE OF THE UNITED STATES
March 24, 1999
Mr. Kyl (for himself, Mr. Johnson, Mr. Hatch, Mr. Thurmond, Mr. Inouye,
Mr. Grassley, Mr. Dorgan, Mr. Sessions, Mr. Cleland, Mr. Ashcroft, Mrs.
Lincoln, and Mr. Abraham) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
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 1999''.
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' means a visit, as
determined by the Director, by a prisoner to an institutional
or noninstitutional health care provider; 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,
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 $2.
``(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.
``(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 to 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) Reports to Congress.--Not later than 2 years after the date
of enactment of the Federal Prisoner Copayment Act of 1999, and
annually thereafter, the Director shall submit to Congress a report,
which shall include--
``(1) a description of the amounts collected under this
section during the preceding 24-month period; and
``(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.''.
(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.--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--
``(1) the prisoner--
``(A) is confined in a non-Federal institution
pursuant to an agreement between the Federal Government
and the State or local government; and
``(B) is not indigent;
``(2) the fee--
``(A) is authorized under State law; and
``(B) does not exceed the amount collected from
State or local prisoners for the same services; and
``(3) the services--
``(A) 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;
``(B) are provided at the request of the prisoner;
and
``(C) are not preventative health care services.''.
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