PRISON MEDICAL SERVICES ACT — 1996 Pa. Act 40 (historical enacted text)

Historical Act text

PRIOR PRINTER'S NO. 906 PRINTER'S NO. 1765
INTRODUCED BY GREENLEAF, ULIANA, O'PAKE, AFFLERBACH, HELFRICK,
MOWERY, PETERSON, SHUMAKER, KASUNIC AND TOMLINSON,
APRIL 12, 1995
AS AMENDED ON THIRD CONSIDERATION, FEBRUARY 12, 1996
AN ACT
1 Establishing the Prison Medical Services Program within the
2 Department of Corrections.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Prison
7 Medical Services Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Corrections of the
13 Commonwealth.
14 "Program." The Prison Medical Services Program established
15 for inmates under section 3 of this act.
16 Section 3. Medical services program.
17 (a) Establishment.--The Prison Medical Services Program is
1 established in the Department of Corrections which shall
2 include, but not be limited to, the provisions of this act. This
3 program shall be a copay program requiring inmates to pay a fee
4 to cover a portion of the actual costs of the medical services
5 provided.
6 (b) Fees.--The department shall develop by regulation a
7 program for inmates which includes fees for certain medical
8 services. The regulations shall provide for consistent medical
9 services guidelines by specifying the medical services which are
10 subject to fees, the fee amounts, payment procedures, medical
11 services which are not subject to fees and fees applicable to
12 medical emergencies, chronic care and preexisting conditions. In
13 addition to other medical services provided to the inmate, an
14 inmate may be required to pay a fee for medical services
15 provided because of injuries the inmate inflicted upon himself
16 or another inmate.
17 (c) Explanation of program.--Each inmate shall be advised of
18 the medical services fees and payment procedures at the time of
19 intake. An explanation of the program regulations shall be
20 included in the inmate handbook.
21 (d) Written notice of changes.--Each inmate shall receive
22 written notice of any changes in medical services fees and
23 payment procedures AND AN INITIAL WRITTEN NOTICE OF THE <--
24 PROGRAM'S IMPLEMENTATION.
25 (e) Ability to pay.--No inmate shall be denied access to
26 medical services because of an inability to pay the required
27 fees.
28 (f) Fee debits.--An inmate shall acknowledge in writing any
29 debit made to his inmate account for a medical services fee.
30 (g) Deposits.--Medical services fees collected under this
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1 act shall first be used by the department for the administrative <--
2 costs of the program. However, no more than 25% of the fees
3 collected in any one fiscal year shall be used for
4 administrative costs. The remaining fees collected shall be
5 deposited in the Inmate General Welfare Fund and may be used by
6 the department for medical-related equipment, programming or
7 literature. BE DEPOSITED IN THE GENERAL FUND. <--
8 Section 4. Powers and duties of department.
9 The department shall implement the program by:
10 (1) Issuing regulations as required under section 3.
11 (2) Providing department staff and medical services
12 providers with training relating to the program.
13 (3) Developing administrative forms for the
14 implementation of the program.
15 (4) Providing for administrative and accounting
16 procedures for the program and an annual audit of the
17 program.
18 (5) PROVIDING WRITTEN NOTICE TO ALL CURRENT INMATES <--
19 REGARDING IMPLEMENTATION OF THE PROGRAM.
20 Section 5. Costs outstanding upon release.
21 The department may seek to recover any amount owed for
22 medical services fees by an inmate upon release from prison
23 through a civil action brought within one year of the inmate's
24 release. The department shall have the burden to prove the
25 amount owed. Inability to pay as determined by the court shall
26 be a defense to the payment of part or all of the fees.
27 Section 6. Report to General Assembly.
28 The department shall submit to the CHAIRMEN AND MINORITY <--
29 CHAIRMEN OF THE APPROPRIATIONS COMMITTEE AND THE Judiciary
30 Committee of the Senate and the CHAIRMEN AND MINORITY CHAIRMEN <--
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1 OF THE APPROPRIATIONS COMMITTEE AND THE Judiciary Committee of
2 the House of Representatives an annual report on the Prison
3 Medical Services Program established under this act. The report
4 shall provide information on the fees charged and the fees
5 collected under the program and shall include a summary of the
6 annual audit of the program as required under section 4. The
7 report may recommend legislative changes for the program and
8 propose model legislation for counties which may wish to develop
9 similar programs.
10 Section 7. Applicability.
11 The department shall collect fees for medical services
12 provided to an inmate after the effective date of the program
13 regulations as published in the Pennsylvania Bulletin.
14 Section 8. Effective date.
15 This act shall take effect immediately.
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