[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 704 Reported in Senate (RS)]
Calendar No. 97
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, Mr. Abraham, Mr. Helms, Mr. Daschle, Mr. Fitzgerald, and Mr.
DeWine) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
April 29, 1999
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Federal Prisoner Health
Care Copayment Act of 1999''.</DELETED>
<DELETED>SEC. 2. HEALTH CARE FEES FOR PRISONERS IN FEDERAL
INSTITUTIONS.</DELETED>
<DELETED> (a) In General.--Chapter 303 of title 18, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 4048. Fees for health care services for
prisoners</DELETED>
<DELETED> ``(a) Definitions.--In this section--</DELETED>
<DELETED> ``(1) the term `account' means the trust fund
account (or institutional equivalent) of a prisoner;</DELETED>
<DELETED> ``(2) the term `Director' means the Director of
the Bureau of Prisons;</DELETED>
<DELETED> ``(3) the term `health care provider' means any
person who is--</DELETED>
<DELETED> ``(A) authorized by the Director to
provide health care services; and</DELETED>
<DELETED> ``(B) operating within the scope of such
authorization;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(5) the term `prisoner' means--</DELETED>
<DELETED> ``(A) any individual who is incarcerated
in an institution under the jurisdiction of the Bureau
of Prisons; or</DELETED>
<DELETED> ``(B) any other individual, as designated
by the Director, who has been charged with or convicted
of an offense against the United States.</DELETED>
<DELETED> ``(b) Fees for Health Care Services.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Exclusion.--The Director may not assess or
collect a fee under this section for preventative health care
services, as determined by the Director.</DELETED>
<DELETED> ``(c) Persons Subject to Fee.--Each fee assessed under
this section shall be collected by the Director from the account of--
</DELETED>
<DELETED> ``(1) the prisoner receiving health care services
in connection with a health care visit described in subsection
(b)(1); or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Amount of Fee.--Any fee assessed and collected under
this section shall be in an amount of not less than $2.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the account of the prisoner is insolvent;
or</DELETED>
<DELETED> ``(2) the prisoner is otherwise unable to pay a
fee assessed under this section.</DELETED>
<DELETED> ``(g) Use of Amounts.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) 25 percent shall be available to the
Attorney General for administrative expenses incurred
in carrying out this section.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) a description of the amounts collected under
this section during the preceding 24-month period;
and</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The analysis for chapter 303 of
title 18, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>``4048. Fees for health care services for prisoners.''.
<DELETED>SEC. 3. HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL
INSTITUTIONS.</DELETED>
<DELETED> Section 4013 of title 18, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) the prisoner--</DELETED>
<DELETED> ``(A) is confined in a non-Federal
institution pursuant to an agreement between the
Federal Government and the State or local government;
and</DELETED>
<DELETED> ``(B) is not indigent;</DELETED>
<DELETED> ``(2) the fee--</DELETED>
<DELETED> ``(A) is authorized under State law;
and</DELETED>
<DELETED> ``(B) does not exceed the amount collected
from State or local prisoners for the same services;
and</DELETED>
<DELETED> ``(3) the services--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(B) are provided at the request of the
prisoner; and</DELETED>
<DELETED> ``(C) are not preventative health care
services.''.</DELETED>
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.--
``(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) are provided at the request of the
prisoner; and
``(iii) are not preventative health care
services.
``(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.''.
Calendar No. 97
106th CONGRESS
1st Session
S. 704
_______________________________________________________________________
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.
_______________________________________________________________________
April 29, 1999
Reported with an amendment