BILL NUMBER:S1686        REVISED MEMO 01/27/2015

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
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-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 treatment while in
              

the custody of the Department of Correctional Services or any
county-owned or operated local correction facility.

JUSTIFICATION:

New York currently spends over $350 million each year on prison health
services (just over $6,600 per inmate) in state correctional
facilities. 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 revenue 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.

Over 30 states and the feds charge medical services co-pay. 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
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.

LEGISLATIVEHISTORY:


2014: A.6205;referred to correction
2014: S.1894;REFERRED TO CRIME VICTIMS,CRIME AND CORRECTION
2013: S.1894;RECOMMITTED TO RULES
2012: A.7870;Referred to Corrections
2011: A.7870;Referred to Corrections
S.1324 of 2006,
S.439 of 2004;
S.224 of 2002;
S.642 of 2000;
S.3429 of 1998

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.