BILL NUMBER: S3128

SPONSOR: HELMING
 
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-pay-
ment 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 avail-
able for the operation of the facility.

 
JUSTIFICATION:

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.  New York currently spends over
$350 million each year on prison health services (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, coun-
ties 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.

 
PRIOR LEGISLATIVE HISTORY:

2017/2018: referred to Crime Victims, Crime and Correction
2015/2016: S.1686 referred to Crime Victims, Crime and Correction/A.1553
referred to Correction
2013/2014: S.1894 referred to Crime Victims, Crime and Correction/A.6205
referred to Correction
2011/2012: S.476-A passed Senate/A.7870 referred to Correction
2009-2010: S.2404 referred to Crime Victims, Crime and Correction
2007/2008: S.1453 passed Senate
2005/2006: S.1324 passed Senate
2003/2004: S.439 passed Senate
2001/2002: S.224 passed Senate
1999/2000: S.642 passed Senate
1998: S.3429 passed Senate
1997: S.3429 passed Senate
1996: S.7482-A referred to Rules

 
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.