senate Bill S1894

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

  • 09 / Jan / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 13 / Mar / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.720
  • 21 / Jun / 2013
    • RECOMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND 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:
A6205
Versions:
S1894
Legislative Cycle:
2013-2014
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Add ยง607, Cor L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S476A, A7870
2009-2010: S2404

Sponsor Memo

BILL NUMBER:S1894

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 fox 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 treat-
ment while in the custody of the Department of Corrections and Community
Supervision 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 responsi-
ble for their own health care expenses and; provide a revenue source to
address increasing general fund costs for inmate medical care. Addi-
tionally, 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 Neva-
da. 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 respon-
sible 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.7482-A of 1996, S.3429 of 1997/1998 S.642 of
1999/2000 S.224 of 2001/2002 S.439 of 2003/2004 S.1324 of 2005/2006
S.1453 of 2007/2008 S.2404 of 2009/2010 S476 of 2011/2012 2011 - Passed

Senate; Held in Correction Committee in Assembly. 2012 - Passed Senate;
Held in Correction Committee in Assembly.

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
________________________________________________________________________

                                  1894

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01460-01-3

S. 1894                             2

  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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