BILL NUMBER:S1894

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
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, 607, to the  correction  law
to  require  co-payments fox 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 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 available for the operation of the facility.

EXISTING LAW:  Inmates currently receive taxpayer-funded medical  treat-
ment while in the custody of the Department of Corrections and Community
Supervision or any county-owned or operated local correction facility.

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 responsi-
ble  for their own health care expenses and; provide a revenue source to
address increasing general fund costs for inmate medical  care.    Addi-
tionally,  by  including  county-owned  or  operated  local correctional
facilities, counties in New York State  will  reduce  overall  costs  as
well.

A  number  of  other  states have already enacted co-payments for inmate
medical services, including Arizona, Minnesota, Pennsylvania, and  Neva-
da.  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  respon-
sible 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.7482-A  of 1996, S.3429 of 1997/1998 S.642 of
1999/2000 S.224 of 2001/2002 S.439  of  2003/2004  S.1324  of  2005/2006
S.1453  of 2007/2008 S.2404 of 2009/2010 S476 of 2011/2012 2011 - Passed

Senate; Held in Correction Committee in Assembly.  2012 - Passed Senate;
Held in Correction Committee in Assembly.

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.