Senate Bill S2404

                                 BILL NUMBER:  S2404

 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 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 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.

              

 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.

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

 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.