BILL NUMBER: S3447

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the correction law, in relation to requiring incarcerat-
ed individuals 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, 608, 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-pay-
ment 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 avail-
able for the operation of the facility.

 
JUSTIFICATION:

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. According to a 2022 Comptroller
report, New York spends roughly $350 million each year on prison health
services. 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 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.

As of February 2022, all federal prisons and 40 states charge incarcer-
ated people a copay when they initiate medical care. 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 consid-
erations, inmates become more responsible for their own wellbeing 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:

2023-2024: S.2939 referred to Crime Victims, Crime and
Corrections/A.3170 referred to Correction
2021-2022: S.2572 referred to Crime Victims, Crime and
Corrections/A.8543 referred to Correction

2019-2020: S. 3128 referred to Crime Victims, Crime and Corrections

2017-2018: S.2580 referred to Crime Victims, Crime and Corrections

2015-2016: S.1686 referred to Crime Victims, Crime and Correction/A.1553
referred to Correction

2013-2014: S.1894 referred to Crime Victims, Crime and Correction/A.6205
referred to Correction

2011-2012: S.476-A passed Senate/A.7870 referred to Correction

2009-2010: S.2404 referred to Crime Victims, Crime and Correction

2007-2008: S.1453 passed Senate

2005-2006: S.1324 passed Senate

2003-2004: S.439 passed Senate

2001-2002: S.224 passed Senate

1999-2000: S.642 passed Senate

1997-1998: S.3429 passed Senate

1996: S.7482-A referred to Rules

 
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.