Text: S.704 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-294 (10/12/2000)

 
[106th Congress Public Law 294]
[From the U.S. Government Printing Office]


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[DOCID: f:publ294.106]


[[Page 1037]]

           FEDERAL PRISONER HEALTH CARE COPAYMENT ACT OF 2000

[[Page 114 STAT. 1038]]

Public Law 106-294
106th Congress

                                 An Act


 
To amend title 18, United States Code, to combat the overutilization of 
  prison health care services and control rising prisoner health care 
               costs. <<NOTE: Oct. 12, 2000 -  [S. 704]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Federal Prisoner 
Health Care Copayment Act of 2000.>> 

SECTION 1. SHORT TITLE. <<NOTE: 18 USC 4001 note.>> 

    This Act may be cited as the ``Federal Prisoner Health Care 
Copayment Act of 2000''.
SEC. 2. HEALTH CARE FEES FOR PRISONERS IN FEDERAL INSTITUTIONS.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 4048. Fees for health care services for prisoners

    ``(a) Definitions.--In this section--
            ``(1) the term `account' means the trust fund account (or 
        institutional equivalent) of a prisoner;
            ``(2) the term `Director' means the Director of the Bureau 
        of Prisons;
            ``(3) the term `health care provider' means any person who 
        is--
                    ``(A) authorized by the Director to provide health 
                care services; and
                    ``(B) operating within the scope of such 
                authorization;
            ``(4) the term `health care visit'--
                    ``(A) means a visit, as determined by the Director, 
                by a prisoner to an institutional or noninstitutional 
                health care provider; and
                    ``(B) does not include a visit initiated by a 
                prisoner--
                          ``(i) pursuant to a staff referral; or
                          ``(ii) to obtain staff-approved follow-up 
                      treatment for a chronic condition; and
            ``(5) the term `prisoner' means--
                    ``(A) any individual who is incarcerated in an 
                institution under the jurisdiction of the Bureau of 
                Prisons; or
                    ``(B) any other individual, as designated by the 
                Director, who has been charged with or convicted of an 
                offense against the United States.

    ``(b) Fees for Health Care Services.--
            ``(1) <<NOTE: Regulations.>>  In general.--The Director, in 
        accordance with this section and with such regulations as the 
        Director shall promulgate to carry out this section, may assess 
        and collect a fee

[[Page 114 STAT. 1039]]

        for health care services provided in connection with each health 
        care visit requested by a prisoner.
            ``(2) Exclusion.--The Director may not assess or collect a 
        fee under this section for preventative health care services, 
        emergency services, prenatal care, diagnosis or treatment of 
        chronic infectious diseases, mental health care, or substance 
        abuse treatment, as determined by the Director.

    ``(c) Persons Subject to Fee.--Each fee assessed under this section 
shall be collected by the Director from the account of--
            ``(1) the prisoner receiving health care services in 
        connection with a health care visit described in subsection 
        (b)(1); or
            ``(2) in the case of health care services provided in 
        connection with a health care visit described in subsection 
        (b)(1) that results from an injury inflicted on a prisoner by 
        another prisoner, the prisoner who inflicted the injury, as 
        determined by the Director.

    ``(d) Amount of Fee.--Any fee assessed and collected under this 
section shall be in an amount of not less than $1.
    ``(e) No Consent Required.--Notwithstanding any other provision of 
law, the consent of a prisoner shall not be required for the collection 
of a fee from the account of the prisoner under this section. However, 
each such prisoner shall be given a reasonable opportunity to dispute 
the amount of the fee or whether the prisoner qualifies under an 
exclusion under this section.
    ``(f) No Refusal of Treatment For Financial Reasons.--Nothing in 
this section may be construed to permit any refusal of treatment to a 
prisoner on the basis that--
            ``(1) the account of the prisoner is insolvent; or
            ``(2) the prisoner is otherwise unable to pay a fee assessed 
        under this section.

    ``(g) Use of Amounts.--
            ``(1) Restitution of specific victims.--Amounts collected by 
        the Director under this section from a prisoner subject to an 
        order of restitution issued pursuant to section 3663 or 3663A 
        shall be paid to victims in accordance with the order of 
        restitution.
            ``(2) Allocation of other amounts.--Of amounts collected by 
        the Director under this section from prisoners not subject to an 
        order of restitution issued pursuant to section 3663 or 3663A--
                    ``(A) 75 percent shall be deposited in the Crime 
                Victims Fund established under section 1402 of the 
                Victims of Crime Act of 1984 (42 U.S.C. 10601); and
                    ``(B) 25 percent shall be available to the Attorney 
                General for administrative expenses incurred in carrying 
                out this section.

    ``(h) Notice to Prisoners of Law.--Each person who is or becomes a 
prisoner shall be provided with written and oral notices of the 
provisions of this section and the applicability of this section to the 
prisoner. Notwithstanding any other provision of this section, a fee 
under this section may not be assessed against, or collected from, such 
person--
            ``(1) <<NOTE: Expiration date.>>  until the expiration of 
        the 30-day period beginning on the date on which each prisoner 
        in the prison system is provided with such notices; and

[[Page 114 STAT. 1040]]

            ``(2) for services provided before the expiration of such 
        period.

    ``(i) <<NOTE: Effective date.>>  Notice to Prisoners of 
Regulations.--The regulations promulgated by the Director under 
subsection (b)(1), and any amendments to those regulations, shall not 
take effect until the expiration of the 30-day period beginning on the 
date on which each prisoner in the prison system is provided with 
written and oral notices of the provisions of those regulations (or 
amendments, as the case may be). A fee under this section may not be 
assessed against, or collected from, a prisoner pursuant to such 
regulations (or amendments, as the case may be) for services provided 
before the expiration of such period.

    ``(j) Notice Before Public Comment Period.--Before the beginning of 
any period a proposed regulation under this section is open to public 
comment, the Director shall provide written and oral notice of the 
provisions of that proposed regulation to groups that advocate on behalf 
of Federal prisoners and to each prisoner subject to such proposed 
regulation.
    ``(k) <<NOTE: Deadline.>>  Reports to Congress.--Not later than 1 
year after the date of the enactment of the Federal Prisoner Health Care 
Copayment Act of 2000, and annually thereafter, the Director shall 
transmit to Congress a report, which shall include--
            ``(1) a description of the amounts collected under this 
        section during the preceding 12-month period;
            ``(2) an analysis of the effects of the implementation of 
        this section, if any, on the nature and extent of heath care 
        visits by prisoners;
            ``(3) an itemization of the cost of implementing and 
        administering the program;
            ``(4) a description of current inmate health status 
        indicators as compared to the year prior to enactment; and
            ``(5) a description of the quality of health care services 
        provided to inmates during the preceding 12-month period, as 
        compared with the quality of those services provided during the 
        12-month period ending on the date of the enactment of such Act.

    ``(l) Comprehensive HIV/AIDS Services Required.--The Bureau of 
Prisons shall provide comprehensive coverage for services relating to 
human immunodeficiency virus (HIV) and acquired immune deficiency 
syndrome (AIDS) to each Federal prisoner in the custody of the Bureau of 
Prisons when medically appropriate. The Bureau of Prisons may not assess 
or collect a fee under this section for providing such coverage.''.
    (b) Clerical Amendment.--The analysis for chapter 303 of title 18, 
United States Code, is amended by adding at the end the following:

``4048. Fees for health care services for prisoners.''.

SEC. 3. HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL 
                    INSTITUTIONS.

    Section 4013 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Health Care Fees For Federal Prisoners in Non-Federal 
Institutions.--
            ``(1) In general.--Notwithstanding amounts paid under 
        subsection (a)(3), a State or local government may assess and

[[Page 114 STAT. 1041]]

        collect a reasonable fee from the trust fund account (or 
        institutional equivalent) of a Federal prisoner for health care 
        services, if--
                    ``(A) the prisoner is confined in a non-Federal 
                institution pursuant to an agreement between the Federal 
                Government and the State or local government;
                    ``(B) the fee--
                          ``(i) is authorized under State law; and
                          ``(ii) does not exceed the amount collected 
                      from State or local prisoners for the same 
                      services; and
                    ``(C) the services--
                          ``(i) are provided within or outside of the 
                      institution by a person who is licensed or 
                      certified under State law to provide health care 
                      services and who is operating within the scope of 
                      such license;
                          ``(ii) constitute a health care visit within 
                      the meaning of section 4048(a)(4) of this title; 
                      and
                          ``(iii) are not preventative health care 
                      services, emergency services, prenatal care, 
                      diagnosis or treatment of chronic infectious 
                      diseases, mental health care, or substance abuse 
                      treatment.
            ``(2) No refusal of treatment for financial reasons.--
        Nothing in this subsection may be construed to permit any 
        refusal of treatment to a prisoner on the basis that--
                    ``(A) the account of the prisoner is insolvent; or
                    ``(B) the prisoner is otherwise unable to pay a fee 
                assessed under this subsection.
            ``(3) Notice to prisoners of law.--Each person who is or 
        becomes a prisoner shall be provided with written and oral 
        notices of the provisions of this subsection and the 
        applicability of this subsection to the prisoner. 
        Notwithstanding any other provision of this subsection, a fee 
        under this section may not be assessed against, or collected 
        from, such person--
                    ``(A) until the expiration of the 30-day period 
                beginning on the date on which each prisoner in the 
                prison system is provided with such notices; and
                    ``(B) for services provided before the expiration of 
                such period.
            ``(4) <<NOTE: Effective date.>>  Notice to prisoners of 
        state or local implementation.--The implementation of this 
        subsection by the State or local government, and any amendment 
        to that implementation, shall not take effect until the 
        expiration of the 30-day period beginning on the date on which 
        each prisoner in the prison system is provided with written and 
        oral notices of the provisions of that implementation (or 
        amendment, as the case may be). A fee under this subsection may 
        not be assessed against, or collected from, a prisoner pursuant 
        to such implementation (or amendments, as the case may be) for 
        services provided before the expiration of such period.
            ``(5) Notice before public comment period.--Before the 
        beginning of any period a proposed implementation under this 
        subsection is open to public comment, written and oral notice of 
        the provisions of that proposed implementation shall be provided 
        to groups that advocate on behalf of Federal prisoners and to 
        each prisoner subject to such proposed implementation.
            ``(6) Comprehensive hiv/aids services required.--Any State 
        or local government assessing or collecting a fee under

[[Page 114 STAT. 1042]]

        this subsection shall provide comprehensive coverage for 
        services relating to human immunodeficiency virus (HIV) and 
        acquired immune deficiency syndrome (AIDS) to each Federal 
        prisoner in the custody of such State or local government when 
        medically appropriate. The State or local government may not 
        assess or collect a fee under this subsection for providing such 
        coverage.''.

    Approved October 12, 2000.

LEGISLATIVE HISTORY--S. 704 (H.R. 1349):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-851 accompanying H.R. 1349 (Comm. on the 
Judiciary).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    May 27, considered and passed 
                                        Senate.
                                                        Vol. 146 (2000):
                                    Sept. 19, considered and passed 
                                        House, amended, in lieu of H.R. 
                                        1349.
                                    Sept. 28, Senate concurred in House 
                                        amendment.

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