S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7870

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 19, 2011
                               ___________

Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. KOLB --
  read once and referred to the Committee on 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.
  8. FEDERAL INMATES WILL BE BILLED DIRECTLY TO THE  JURISDICTION  WHICH
WAS  AGREED TO BY THE FEDERAL AGENCY. SUBSEQUENTLY FEDERAL BOARDERS WILL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00454-03-1

              

A. 7870                             2

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.