senate Bill S476A

Requires state and county inmates to make medical co-payments

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 08 / Mar / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / May / 2011
    • 1ST REPORT CAL.410
  • 03 / May / 2011
    • 2ND REPORT CAL.
  • 04 / May / 2011
    • ADVANCED TO THIRD READING
  • 09 / May / 2011
    • AMENDED ON THIRD READING 476A
  • 15 / Jun / 2011
    • PASSED SENATE
  • 15 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO CORRECTION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 07 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 18 / Apr / 2012
    • 1ST REPORT CAL.510
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 14 / May / 2012
    • PASSED SENATE
  • 14 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 14 / May / 2012
    • REFERRED TO CORRECTION

Summary

Requires inmates in state and county-owned or operated correctional facilities to make medical co-payments of seven dollars upon receipt of medical treatment; provides that an inmate shall not be refused treatment for lack of ability to pay co-payment charges; directs all moneys collected to be made available for the operation of such correctional facility.

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Bill Details

See Assembly Version of this Bill:
A7870
Versions:
S476
S476A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Correction Law
Laws Affected:
Add ยง607, Cor L
Versions Introduced in 2009-2010 Legislative Cycle:
S2404

Sponsor Memo

BILL NUMBER:S476A

TITLE OF BILL:
An act
to amend the correction law, in relation to requiring inmates to make
medical co-payments

PURPOSE:
To require inmates in New York State correctional facilities or any
county-owned or operated local correction facility to make co-payments
in the amount of seven dollars for medical treatment.

SUMMARY OF PROVISIONS:
Adds a new section, 607, to the correction law to require co-payments
for medical treatments to inmates in the amount of seven dollars. An
inmate will NOT be refused treatment for lack of ability to pay
co-payment charges. Each state or county inmate will be required to
sign a log at the time of visit. Each medical co-payment will then be
posted to the inmates account and each inmate will receive an account
statement at the end of each month. Inmates are not assessed charges
for psychiatric visits. All money collected pursuant to this section
will be made available for the operation of the facility.

EXISTING LAW:
Inmates currently receive taxpayer-funded medical treatment while in
the custody of the Department of Correctional Services or any
county-owned or operated local correction facility.

JUSTIFICATION:
New York currently spends $121 million each year on prison health
services (just under $2,000 per inmate). Instituting a co-payment on
inmates for medical treatment will reduce the large number of
abusive medical visits to providers; hold inmates partially
responsible for their own health care expenses and; provide a revenue
source to address increasing general fund costs for inmate medical
care. Additionally, by including county-owned or operated local
correctional facilities, counties in New York State will reduce
overall costs as well.

A number of other states have already enacted co-payments for inmate
medical services, including Arizona, Minnesota, Pennsylvania, and
Nevada. These programs have worked with great success. In some
states, the abuse in the number of sick-call visits by inmates
reduced by 76%.
Because of financial considerations, inmates become more responsible
for their own well-being by taking better care of themselves. In
addition,
the public responds favorably toward changes when criminals are
responsible for part of their cost of incarceration.

The Supreme Court, in Revere v. Massachusetts General Hospital, 463 U.S.
239 (1983), found that as long as the inmate received the necessary
attention, state law could determine who paid. Inmates are never
refused treatment for lack of ability to pay co-payment Charges. The
charge is assessed after Completion of the visit when the visit log
is processed.

LEGISLATIVE HISTORY:
S.1324 of 2006, S.439 of 2004, S.224 of 2002, S.642 of 2000, S.3429 of
1998, S.7482-A of 1996, S.1453 of 2007/2008, S.2404 of 2009/2010

FISCAL IMPLICATIONS:
Significant savings to the state through increased revenue available
to fund inmate health care as well as an anticipated reduction in the
number of abusive inmate medical visits.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become law, except that any rule or regulation necessary
for the timely implementation of this act on its effective date shall
be promulgated on or before such date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 476--A
    Cal. No. 410

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. NOZZOLIO, LARKIN, MAZIARZ, O'MARA, RITCHIE -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Crime Victims, Crime and Correction -- reported favorably
  from  said committee, ordered to first and second report, ordered to a
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

AN  ACT to amend the correction law, in relation to requiring inmates to
  make medical co-payments

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The correction law is amended by adding a new section 607
to read as follows:
  S 607. MEDICAL TREATMENT CO-PAYMENT. 1. AN INMATE OF AN INSTITUTION OF
THE DEPARTMENT OR ANY COUNTY-OWNED OR OPERATED LOCAL CORRECTIONAL FACIL-
ITY SHALL MAKE A MEDICAL CO-PAYMENT IN THE AMOUNT OF SEVEN DOLLARS  UPON
RECEIPT OF MEDICAL TREATMENT.
  2.  EACH INMATE SHALL BE REQUIRED TO SIGN A LOG DOCUMENTING THE SCHED-
ULED TIME OF VISIT,  INMATE  NAME  AND  ID  NUMBER  AND  DESCRIPTION  OF
COMPLAINT.
  3.  EACH  MEDICAL  CO-PAYMENT SHALL BE POSTED TO THE INMATES' ACCOUNTS
EITHER AS MEDICAL OR DENTAL CHARGES TO  FACILITATE  RESPONSE  TO  INMATE
QUERIES.
  4.  EACH  INMATE SHALL BE SENT AN ACCOUNT STATEMENT AT THE END OF EACH
MONTH SHOWING ALL CREDITS AND DEBITS AGAINST THE ACCOUNT AND  ACCOMPANY-
ING EXPLANATIONS.
  5. SHOULD AN INMATE NOT HAVE SUFFICIENT FUNDS IN HIS OR HER ACCOUNT TO
COVER  THE  CHARGES,  THEN  HIS  OR  HER ACCOUNT SHALL BE FROZEN PENDING
RECEIPT OF FUNDS SUFFICIENT TO SATISFY HIS OR HER OBLIGATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00454-02-1

S. 476--A                           2

  6. AN INMATE SHALL NOT BE REFUSED TREATMENT FOR LACK OF ABILITY TO PAY
CO-PAYMENT CHARGES. THE CHARGE IS ASSESSED AFTER COMPLETION OF THE VISIT
WHEN THE VISIT LOG IS PROCESSED.
  7. INMATES ARE NOT ASSESSED CO-PAYMENT CHARGES FOR PSYCHIATRIC VISITS.
  8.  FEDERAL  INMATES WILL BE BILLED DIRECTLY TO THE JURISDICTION WHICH
WAS AGREED TO BY THE FEDERAL AGENCY. SUBSEQUENTLY FEDERAL BOARDERS  WILL
NOT BE ASSESSED CO-PAYMENT IF THAT JURISDICTION IS PAYING THE DEPARTMENT
A SPECIFIC PER DIEM TO HOUSE EACH INMATE.
  9.  ALL  MONEYS COLLECTED PURSUANT TO THIS SECTION WILL BE MADE AVAIL-
ABLE FOR THE OPERATION OF THE CORRECTIONAL FACILITY.
  10. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  NECESSARY
FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law, except that any rule or regulation necessary
for the timely implementation of this act on its effective date shall be
promulgated on or before such date.

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