S476A-2011 - NY Senate Open Legislation - Requires state and county inmates to make medical co-payments

Requires inmates in state and county-owned or operated correctional facilities to make medical co-payments of seven dollars upon receipt of medical treatment; provides that an inmate shall not be refused treatment for lack of ability to pay co-payment charges; directs all moneys collected to be made available for the operation of such correctional facility.

Sponsor: NOZZOLIO / Co-sponsor(s): LARKIN, MAZIARZ, O'MARA, RITCHIE / Committee: CORRECTION
Law Section: Correction Law / Law: Add S607, Cor L

S476A-2011 Actions

May 14, 2012: referred to correction
May 14, 2012: DELIVERED TO ASSEMBLY
May 14, 2012: PASSED SENATE
Apr 25, 2012: ADVANCED TO THIRD READING
Apr 19, 2012: 2ND REPORT CAL.
Apr 18, 2012: 1ST REPORT CAL.510
Mar 7, 2012: REPORTED AND COMMITTED TO FINANCE
Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 16, 2011: referred to correction
Jun 15, 2011: DELIVERED TO ASSEMBLY
Jun 15, 2011: PASSED SENATE
May 9, 2011: AMENDED ON THIRD READING 476A
May 4, 2011: ADVANCED TO THIRD READING
May 3, 2011: 2ND REPORT CAL.
May 2, 2011: 1ST REPORT CAL.410
Mar 8, 2011: REPORTED AND COMMITTED TO FINANCE
Jan 5, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S476A-2011 Meetings

Crime Victims, Crime and Correction: Mar 7, 2012, Finance: Apr 18, 2012

S476A-2011 Calendars

S476A-2011 Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 8, 2011

Ayes (8): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie
Ayes W/R (3): Kruger, Kennedy, Peralta
Nays (3): Rivera, Hassell-Thompson, Montgomery

VOTE: COMMITTEE VOTE: - Finance - May 2, 2011

Ayes (19): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young
Ayes W/R (2): Kruger, Peralta
Nays (12): Krueger, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Parker, Perkins, Rivera, Stavisky, Stewart-Cousins
Excused (1): Oppenheimer

VOTE: FLOOR VOTE: - Jun 15, 2011

Ayes (34): Addabbo, Alesi, Ball, Carlucci, DeFrancisco, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Johnson, Kennedy, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Saland, Seward, Skelos, Valesky, Young, Zeldin
Nays (22): Adams, Avella, Breslin, Diaz, Dilan, Duane, Espaillat, Gianaris, Hassell-Thomps, Klein, Krueger, Montgomery, Oppenheimer, Parker, Perkins, Rivera, Sampson, Savino, Serrano, Squadron, Stavisky, Stewart-Cousin
Absent (6): Bonacic, Huntley, Kruger, McDonald, Peralta, Smith

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 7, 2012

Ayes (8): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie
Ayes W/R (2): Kennedy, Peralta
Nays (4): Rivera, Hassell-Thompson, Montgomery, Espaillat

VOTE: COMMITTEE VOTE: - Finance - Apr 18, 2012

Ayes (19): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young
Ayes W/R (1): Peralta
Nays (13): Krueger, Breslin, Diaz, Dilan, Duane, Gianaris, Montgomery, Parker, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Excused (2): Hannon, Oppenheimer

VOTE: FLOOR VOTE: - May 14, 2012

Ayes (38): Addabbo, Alesi, Ball, Bonacic, Carlucci, DeFrancisco, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Lanza, Larkin, LaValle, Libous, Little, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Savino, Seward, Skelos, Valesky, Young, Zeldin
Nays (20): Adams, Avella, Breslin, Diaz, Dilan, Espaillat, Gianaris, Hassell-Thomps, Klein, Krueger, Montgomery, Oppenheimer, Parker, Rivera, Sampson, Serrano, Smith, Squadron, Stavisky, Stewart-Cousin
Excused (3): Duane, Marcellino, Perkins

S476A-2011 Memo

BILL NUMBER:S476

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
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 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.

JUSTIFICATION:
New York currently spends $121 million each year on
prison health services (just under $2,000 per inmate). 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.

A number of other states have already enacted co-payments for inmate
medical services, including Arizona, Minnesota, Pennsylvania, and
Nevada.
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.

LEGISLATIVE HISTORY:


S.1324 of 2006, S.439 of 2004,
S.224 of 2002,
S.642 of 2000, S.3429 of 1998, S.7482-A of 1996, S.1453 of 2007/2008,
S.2404 of 2009/2010

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.

S476A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 476--A
 Cal. No. 410
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sens. NOZZOLIO, LARKIN, MAZIARZ, O'MARA, RITCHIE -- read
 twice and ordered printed, and when printed to  be  committed  to  the
 Committee on Crime Victims, Crime and Correction -- reported favorably
 from  said committee, ordered to first and second report, ordered to a
 third reading, amended and ordered reprinted, retaining its  place  in
 the order of third reading
 AN  ACT to amend the correction law, in relation to requiring inmates to
 make medical co-payments
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The correction law is amended by adding a new section 607
 to read as follows:

 

S 607. MEDICAL TREATMENT CO-PAYMENT. 1. AN INMATE OF AN INSTITUTION OF
 THE DEPARTMENT OR ANY COUNTY-OWNED OR OPERATED LOCAL CORRECTIONAL FACIL
 ITY SHALL MAKE A MEDICAL CO-PAYMENT IN THE AMOUNT OF SEVEN DOLLARS  UPON
 RECEIPT OF MEDICAL TREATMENT.
 2.  EACH INMATE SHALL BE REQUIRED TO SIGN A LOG DOCUMENTING THE SCHED
 ULED TIME OF VISIT,  INMATE  NAME  AND  ID  NUMBER  AND  DESCRIPTION  OF
 COMPLAINT.
 3.  EACH  MEDICAL  CO-PAYMENT SHALL BE POSTED TO THE INMATES' ACCOUNTS
 EITHER AS MEDICAL OR DENTAL CHARGES TO  FACILITATE  RESPONSE  TO  INMATE
 QUERIES.
 4.  EACH  INMATE SHALL BE SENT AN ACCOUNT STATEMENT AT THE END OF EACH
 MONTH SHOWING ALL CREDITS AND DEBITS AGAINST THE ACCOUNT AND  ACCOMPANY
 ING EXPLANATIONS.
 5. SHOULD AN INMATE NOT HAVE SUFFICIENT FUNDS IN HIS OR HER ACCOUNT TO
 COVER  THE  CHARGES,  THEN  HIS  OR  HER ACCOUNT SHALL BE FROZEN PENDING
 RECEIPT OF FUNDS SUFFICIENT TO SATISFY HIS OR HER OBLIGATION.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00454-02-1
        S. 476--A                           2
 6. AN INMATE SHALL NOT BE 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.
 7. INMATES ARE NOT ASSESSED CO-PAYMENT CHARGES FOR PSYCHIATRIC VISITS.
 8.  FEDERAL  INMATES WILL BE BILLED DIRECTLY TO THE JURISDICTION WHICH
 WAS AGREED TO BY THE FEDERAL AGENCY. SUBSEQUENTLY FEDERAL BOARDERS  WILL
 NOT BE ASSESSED CO-PAYMENT IF THAT JURISDICTION IS PAYING THE DEPARTMENT
 A SPECIFIC PER DIEM TO HOUSE EACH INMATE.
 9.  ALL  MONEYS COLLECTED PURSUANT TO THIS SECTION WILL BE MADE AVAIL
 ABLE FOR THE OPERATION OF THE CORRECTIONAL FACILITY.
 10. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  NECESSARY
 FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a 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.

S476A-2011: Requires state and county inmates to make medical co-payments