I
106TH CONGRESS
1ST SESSION
H. R. 1349
To amend title 18, United States Code, to combat the overutilization of
prison health care services and control rising prisoner health care costs.
IN THE HOUSE OF REPRESENTATIVES
MARCH 25, 1999
Mr. SALMON (for himself, Mr. SHOWS, Mr. SMITH of New Jersey, Mr. MAR-
TINEZ, Mr. COBURN, Mr. TAYLOR of Mississippi, Mr. SCHAFFER, Mr.
HAYWORTH, Mr. NETHERCUTT, Mr. ENGLISH, Mr. GILMAN, Mr. COOK,
Mr. BARTON of Texas, Mr. FOLEY, and Mr. CASTLE) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to combat the over-
utilization of prison health care services and control ris-
ing prisoner health care costs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Prisoner
Health Care Copayment Act of 1999’’.
SEC. 2. HEALTH CARE FEES FOR PRISONERS IN FEDERAL
INSTITUTIONS.
(a) IN GENERAL.—Chapter 303 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 4048. Fees for health care services for prisoners
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘account’ means the trust fund
account (or institutional equivalent) of a prisoner;
‘‘(2) the term ‘Director’ means the Director of
the Bureau of Prisons;
‘‘(3) the term ‘health care provider’ means any
person who is—
‘‘(A) authorized by the Director to provide
health care services; and
‘‘(B) operating within the scope of such
authorization;
‘‘(4) the term ‘health care visit’ means a visit,
as determined by the Director, by a prisoner to an
institutional or noninstitutional health care provider;
and
‘‘(5) the term ‘prisoner’ means—
‘‘(A) any individual who is incarcerated in
an institution under the jurisdiction of the Bu-
reau of Prisons; or
‘‘(B) any other individual, as designated by
the Director, who has been charged with or con-
victed of an offense against the United States.
‘‘(b) FEES FOR HEALTH CARE SERVICES.—
‘‘(1) IN
GENERAL.—The Director, in accord-
ance with this section and with such regulations as
the Director shall promulgate to carry out this sec-
tion, may assess and collect a fee for health care
services provided in connection with each health care
visit requested by a prisoner.
‘‘(2) EXCLUSION.—The Director may not as-
sess or collect a fee under this section for preventa-
tive health care services, as determined by the Direc-
tor.
‘‘(c) PERSONS SUBJECT TO FEE.—Each fee assessed
under this section shall be collected by the Director from
the account of—
‘‘(1) the prisoner receiving health care services
in connection with a health care visit described in
subsection (b)(1); or
‘‘(2) in the case of health care services provided
in connection with a health care visit described in
subsection (b)(1) that results from an injury in-
flicted on a prisoner by another prisoner, the pris-
oner who inflicted the injury, as determined by the
Director.
‘‘(d) AMOUNT OF FEE.—Any fee assessed and col-
lected under this section shall be in an amount of not less
than $2.
‘‘(e) NO CONSENT REQUIRED.—Notwithstanding any
other provision of law, the consent of a prisoner shall not
be required for the collection of a fee from the account
of the prisoner under this section.
‘‘(f) NO REFUSAL OF TREATMENT FOR FINANCIAL
REASONS.—Nothing in this section may be construed to
permit any refusal of treatment to a prisoner on the basis
that—
‘‘(1) the account of the prisoner is insolvent; or
‘‘(2) the prisoner is otherwise unable to pay a
fee assessed under this section.
‘‘(g) USE OF AMOUNTS.—
‘‘(1) RESTITUTION
OF
SPECIFIC
VICTIMS.—
Amounts collected by the Director under this section
from a prisoner subject to an order of restitution
issued pursuant to section 3663 or 3663A shall be
paid to victims in accordance with the order of res-
titution.
‘‘(2) ALLOCATION
OF
OTHER
AMOUNTS.—Of
amounts collected by the Director under this section