[Congressional Record Volume 146, Number 118 (Thursday, September 28, 2000)]
[Senate]
[Pages S9553-S9554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           FEDERAL PRISONER HEALTH CARE COPAYMENT ACT OF 2000

  Mr. GRAMS. Mr. President, I ask that the Chair lay before the Senate 
a message from the House of Representatives on the bill, 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.
  The Presiding Officer laid before the Senate the following message 
from the House of Representatives:
       Resolved, That the bill from the Senate (S. 704) entitled 
     ``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,'' do pass with the 
     following amendment:
       Strike out all after the enacting clause and insert:

     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

[[Page S9554]]

       ``(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.''.

  Mr. GRAMS. Mr. President, I ask unanimous consent that the Senate 
agree to the amendment of the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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