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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Federal Prisoner Health Care
Copayment Act of 2000''.
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 following:

''Sec. 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'--
''(A) means a visit, as determined by the Director, by a
prisoner to an institutional or noninstitutional health care
provider; and
''(B) does not include a visit initiated by a prisoner--
''(i) pursuant to a staff referral; or
''(ii) to obtain staff-approved follow-up treatment for
a chronic condition; and
''(5) the term 'prisoner' means--
''(A) any individual who is incarcerated in an institution
under the jurisdiction of the Bureau of Prisons; or
''(B) any other individual, as designated by the Director,
who has been charged with or convicted of an offense against
the United States.
''(b) Fees for Health Care Services.--
''(1) In general.--The Director, in accordance with this
section and with such regulations as the Director shall promulgate
to carry out this section, 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 assess or collect a fee
under this section for preventative health care services, emergency
services, prenatal care, diagnosis or treatment of chronic
infectious diseases, mental health care, or substance abuse
treatment, as determined by the Director.
''(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 inflicted on a prisoner by another
prisoner, the prisoner who inflicted the injury, as determined by
the Director.
''(d) Amount of Fee.--Any fee assessed and collected under this
section shall be in an amount of not less than $1.
''(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. However,
each such prisoner shall be given a reasonable opportunity to dispute
the amount of the fee or whether the prisoner qualifies under an
exclusion 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 restitution.
''(2) Allocation of other amounts.--Of amounts collected by the
Director under this section from prisoners not subject to an order
of restitution issued pursuant to section 3663 or 3663A--
''(A) 75 percent shall be deposited in the Crime Victims
Fund established under section 1402 of the Victims of Crime Act
of 1984 (42 U.S.C. 10601); and
''(B) 25 percent shall be available to the Attorney General
for administrative expenses incurred in carrying out this
section.
''(h) Notice to Prisoners of Law.--Each person who is or becomes a
prisoner shall be provided with written and oral notices of the
provisions of this section and the applicability of this section to the
prisoner. Notwithstanding any other provision of this section, a fee
under this section may not be assessed against, or collected from, such
person--
''(1) until the expiration of the 30-day period beginning on
the date on which each prisoner in the prison system is provided
with such notices; and
''(2) for services provided before the expiration of such
period.
''(i) Notice to Prisoners of Regulations.--The regulations
promulgated by the Director under subsection (b)(1), and any amendments
to those regulations, shall not take effect until the expiration of the
30-day period beginning on the date on which each prisoner in the
prison system is provided with written and oral notices of the
provisions of those regulations (or amendments, as the case may be). A
fee under this section may not be assessed against, or collected from,
a prisoner pursuant to such regulations (or amendments, as the case may
be) for services provided before the expiration of such period.
''(j) Notice Before Public Comment Period.--Before the beginning of
any period a proposed regulation under this section is open to public
comment, the Director shall provide written and oral notice of the
provisions of that proposed regulation to groups that advocate on
behalf of Federal prisoners and to each prisoner subject to such
proposed regulation.
''(k) Reports to Congress.--Not later than 1 year after the date of
the enactment of the Federal Prisoner Health Care Copayment Act of
2000, and annually thereafter, the Director shall transmit to Congress
a report, which shall include--
''(1) a description of the amounts collected under this section
during the preceding 12-month period;
''(2) an analysis of the effects of the implementation of this
section, if any, on the nature and extent of heath care visits by
prisoners;
''(3) an itemization of the cost of implementing and
administering the program;
''(4) a description of current inmate health status indicators
as compared to the year prior to enactment; and
''(5) a description of the quality of health care services
provided to inmates during the preceding 12-month period, as
compared with the quality of those services provided during the 12-
month period ending on the date of the enactment of such Act.
''(l) Comprehensive HIV/AIDS Services Required.--The Bureau of
Prisons shall provide comprehensive coverage for services relating to
human immunodeficiency virus (HIV) and acquired immune deficiency
syndrome (AIDS) to each Federal prisoner in the custody of the Bureau
of Prisons when medically appropriate. The Bureau of Prisons may not
assess or collect a fee under this section for providing such
coverage.''.
(b) Clerical Amendment.--The analysis for chapter 303 of title 18,
United States Code, is amended by adding at the end the following:
''4048. Fees for health care services for prisoners.''.
SEC. 3. HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL
INSTITUTIONS.
Section 4013 of title 18, United States Code, is amended by adding
at the end the following:
''(c) Health Care Fees For Federal Prisoners in Non-Federal
Institutions.--
''(1) In general.--Notwithstanding amounts paid under
subsection (a)(3), a State or local government may assess and
collect a reasonable fee from the trust fund account (or
institutional equivalent) of a Federal prisoner for health care
services, if--
''(A) the prisoner is confined in a non-Federal institution
pursuant to an agreement between the Federal Government and the
State or local government;
''(B) the fee--
''(i) is authorized under State law; and
''(ii) does not exceed the amount collected from State
or local prisoners for the same services; and
''(C) the services--
''(i) are provided within or outside of the institution
by a person who is licensed or certified under State law to
provide health care services and who is operating within
the scope of such license;
''(ii) constitute a health care visit within the
meaning of section 4048(a)(4) of this title; and
''(iii) are not preventative health care services,
emergency services, prenatal care, diagnosis or treatment
of chronic infectious diseases, mental health care, or
substance abuse treatment.
''(2) No refusal of treatment for financial reasons.--Nothing
in this subsection may be construed to permit any refusal of
treatment to a prisoner on the basis that--
''(A) the account of the prisoner is insolvent; or
''(B) the prisoner is otherwise unable to pay a fee
assessed under this subsection.
''(3) Notice to prisoners of law.--Each person who is or
becomes a prisoner shall be provided with written and oral notices
of the provisions of this subsection and the applicability of this
subsection to the prisoner. Notwithstanding any other provision of
this subsection, a fee under this section may not be assessed
against, or collected from, such person--
''(A) until the expiration of the 30-day period beginning
on the date on which each prisoner in the prison system is
provided with such notices; and
''(B) for services provided before the expiration of such
period.
''(4) Notice to prisoners of state or local implementation.--
The implementation of this subsection by the State or local
government, and any amendment to that implementation, shall not
take effect until the expiration of the 30-day period beginning on
the date on which each prisoner in the prison system is provided
with written and oral notices of the provisions of that
implementation (or amendment, as the case may be). A fee under this
subsection may not be assessed against, or collected from, a
prisoner pursuant to such implementation (or amendments, as the
case may be) for services provided before the expiration of such
period.
''(5) Notice before public comment period.--Before the
beginning of any period a proposed implementation under this
subsection is open to public comment, written and oral notice of
the provisions of that proposed implementation shall be provided to
groups that advocate on behalf of Federal prisoners and to each
prisoner subject to such proposed implementation.
''(6) Comprehensive hiv/aids services required.--Any State or
local government assessing or collecting a fee under this
subsection shall provide comprehensive coverage for services
relating to human immunodeficiency virus (HIV) and acquired immune
deficiency syndrome (AIDS) to each Federal prisoner in the custody
of such State or local government when medically appropriate. The
State or local government may not assess or collect a fee under
this subsection for providing such coverage.''.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Output:
Federal Prisoner Health Care Copayment Act of 1999 - Amends the Federal criminal code to authorize the Director of the Bureau of Prisons to assess and collect a fee for health care services provided in connection with each health care visit requested by a prisoner, except for preventative health care services, emergency services, prenatal care, diagnosis or treatment of contagious diseases, mental health care, or substance abuse treatment. Defines "health care visit" to exclude a visit initiated by a prisoner: (1) pursuant to a staff referral; or (2) to obtain staff-approved followup treatment for a chronic condition.
Requires that each fee assessed be collected by the Director: (1) from the account of the prisoner receiving health care services; or (2) where such services are provided because of an injury inflicted by another prisoner, from the account of the prisoner who inflicted the injury. Sets a minimum fee of two dollars. Specifies that the prisoner's consent shall not be required for the collection of the fee.
Specifies that nothing herein may be construed to permit refusal of treatment to a prisoner on the basis that: (1) the prisoner's account is insolvent; or (2) the prisoner is otherwise unable to pay.
Requires that sums collected under this Act: (1) be used for restitution of the victims where the prisoner is subject to a restitution order; and (2) be deposited in the Crime Victims Fund (75 percent) and be available to the Attorney General for administrative expenses incurred in carrying out this Act (25 percent) where the prisoner is not subject to such an order.
Sets forth requirements for reporting by the Director.
(Sec. 3) Amends the code to authorize a State or local government to assess and collect a reasonable fee from a Federal prisoner's trust fund account (or institution equivalent) for health care services if the prisoner is confined in a non-Federal institution, under specified circumstances. Specifies that nothing herein may be construed to permit any refusal of treatment to a prisoner on the basis that the account of the prisoner is insolvent, or that the prisoner is otherwise unable to pay a fee assessed under this section.