[Federal Register Volume 67, Number 197 (Thursday, October 10, 2002)]
[Proposed Rules]
[Pages 63059-63060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25850]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 67, No. 197 / Thursday, October 10, 2002 / 
Proposed Rules  

[[Page 63059]]



DEPARTMENT OF JUSTICE

Bureau of Prisons

28 CFR Part 549

[BOP-1111-P]
RIN 1120-AB11


Inmate Fees for Health Care Services

AGENCY: Bureau of Prisons, Justice.

ACTION: Proposed rule.

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SUMMARY: In this document, the Bureau of Prisons (Bureau) proposes 
rules describing procedures we will follow for charging inmates fees 
for certain kinds of health services, as required under the Federal 
Prisoner Health Care Copayment Act of 2000.

DATES: Please send comments by December 9, 2002.

ADDRESSES: Rules Unit, Office of General Counsel, Bureau of Prisons, 
320 First Street, NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Sarah Qureshi, Office of General 
Counsel, Bureau of Prisons, phone (202) 307-2105.

SUPPLEMENTARY INFORMATION: Under the Federal Prisoner Health Care 
Copayment Act of 2000 (Pub. L. 106-294, October 12, 2000, 114 Stat. 
1038), the Bureau of Prisons may assess and collect a fee for health 
care services provided in connection with certain kinds of inmate 
health care visits. In this document, we propose rules describing 
procedures we will follow for charging inmates health service fees for 
certain kinds of health care services.

Who Do These Rules Apply To?

    These rules apply to anyone incarcerated in an institution under 
our jurisdiction and to anyone, as designated by the Director, who has 
been charged with or convicted of an offense against the United States.

What Will This Rule Do?

    Through this rule, the Bureau will add a subpart F to its 
regulations in 28 CFR part 549, on Medical Services. Under these rules, 
an inmate must pay a $2.00 fee for health care services if (1) he/she 
receives services in connection with a visit that he/she requested, 
except for certain services, or (2) he/she injured an inmate who, as a 
result of the injury, needs a health care visit.
    Under these rules, and under the Federal Prisoner Health Care 
Copayment Act of 2000, we will not charge fees for health care services 
based on staff referrals, staff-approved follow-up treatment for a 
chronic condition, preventative health care services, emergency 
services, prenatal care, diagnosis or treatment of chronic infectious 
diseases, mental health care, or substance abuse treatment.
    If inmates disagree with a health care service fee that we charge 
them, they may appeal it through the Bureau's Administrative Remedy 
Program.
    Also, if an inmate is indigent and unable to pay the health care 
service fee, we will not charge that inmate.

Where To Send Comments

    You can send written comments on this rule to the Rules Unit, 
Office of General Counsel, Bureau of Prisons, 320 First Street, NW., 
Washington, DC 20534.
    We will consider comments received during the comment period before 
taking final action. We will try to consider comments received after 
the end of the comment period. In light of comments received, we may 
change the rule.
    We do not plan to have oral hearings on this rule. All the comments 
received remain on file for public inspection at the above address.

Executive Order 12866

    The Office of Management and Budget (OMB) determined that certain 
rules are part of a category of actions which are not ``significant 
regulatory actions'' under section 3(f) of Executive Order 12866. 
Because this rule falls within that category, OMB did not review it.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Under Executive Order 13132, this rule 
does not have sufficient federalism implications for which we would 
prepare a Federalism Assessment.

Regulatory Flexibility Act

    The Director of the Bureau of Prisons, under the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), reviewed this regulation. By 
approving it, the Director certifies that it will not have a 
significant economic impact upon a substantial number of small entities 
because: This rule is about the correctional management of offenders 
committed to the custody of the Attorney General or the Director of the 
Bureau of Prisons, and its economic impact is limited to the Bureau's 
appropriated funds.

Unfunded Mandates Reform Act of 1995

    This rule will not cause State, local and tribal governments, or 
the private sector, to spend $100,000,000 or more in any one year, and 
it will not significantly or uniquely affect small governments. We do 
not need to take action under the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by Sec.  804 of the Small 
Business Regulatory Enforcement Fairness Act of 1996. This rule will 
not result in an annual effect on the economy of $100,000,000 or more; 
a major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Plain Language Instructions

    We want to make Bureau documents easier to read and understand. If 
you can suggest how to improve the clarity of these regulations, call 
or write to Sarah Qureshi at the address or telephone number listed 
above.

List of Subjects in 28 CFR Part 549

    Prisoners.

Kathleen Hawk Sawyer,
Director, Bureau of Prisons.

    Under rulemaking authority vested in the Attorney General in 5 
U.S.C. 552(a) and delegated to the Director, Bureau of

[[Page 63060]]

Prisons, we propose to amend 28 CFR part 549 as follows.

SUBCHAPTER C--INSTITUTIONAL MANAGEMENT

PART 549--MEDICAL SERVICES

    1. Revise the authority citation for 28 CFR 549 to read as follows:

    Authority: 5 U.S.C. 301; 18 U.S.C. 3621, 3622, 3624, 4001, 4005, 
4014, 4042, 4045, 4081, 4082, (Repealed in part as to offenses 
committed on or after November 1, 1987), 4241-4247, 5006-5024 
(Repealed October 12, 1984, as to offenses committed after that 
date), 5039; 28 U.S.C. 509, 510.

    2. Add a new Subpart F to read as follows:

Subpart F--Fees for Health Care Services

Sec.
549.70 Purpose and scope.
549.71 Inmates affected.
549.72 Services provided without fees.
549.73 Appealing the fee.
549.74 Inmates without funds.


Sec.  549.70  Purpose and scope.

    (a) The Bureau of Prisons (Bureau) may, under certain 
circumstances, charge you, an inmate under our care and custody, a fee 
for providing you with health care services.
    (b) Generally, if you are an inmate as described in Sec.  549.71, 
you must pay a fee for health care services of $2.00 per health care 
visit if you:
    (1) Receive health care services in connection with a health care 
visit that you requested, (except for services described in Sec.  
549.72); or
    (2) Are found responsible through the Disciplinary Hearing Process 
to have injured an inmate who, as a result of the injury, requires a 
health care visit.


Sec.  549.71  Inmates affected.

    This subpart applies to:
    (a) Any individual incarcerated in an institution under the 
Bureau's jurisdiction; or
    (b) Any other individual, as designated by the Director, who has 
been charged with or convicted of an offense against the United States.


Sec.  549.72  Services provided without fees.

    We will not charge a fee for:
    (a) Health care services based on staff referrals;
    (b) Staff-approved follow-up treatment for a chronic condition;
    (c) Preventive health care services;
    (d) Emergency services;
    (e) Prenatal care;
    (f) Diagnosis or treatment of chronic infectious diseases; (g) 
Mental health care; or
    (g) Mental health care; or
    (h) Substance abuse treatment.


Sec.  549.73  Appealing the fee.

    You may seek review through the Bureau's Administrative Remedy 
Program (see 28 CFR part 542) if you disagree with either the fee 
charge or the amount.


Sec.  549.74  Inmates without funds.

    You will not be charged a health care service fee if you are 
considered indigent and unable to pay the health care service fee. The 
Warden may establish rules and processes to prevent abuses of this 
provision.

[FR Doc. 02-25850 Filed 10-9-02; 8:45 am]
BILLING CODE 4410-05-P