[106th Congress Public Law 294]
[From the U.S. Government Printing Office]
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[DOCID: f:publ294.106]
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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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