Requires state and county inmates to make medical co-payments

4 Co-sponsors

• William J. Larkin Jr.
• George D. Maziarz
• Thomas F. O'Mara
• Patty Ritchie

BILL NUMBER:S476A

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-payment 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 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 or any county-owned or operated local correction facility.

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. Additionally, by including county-owned or operated local correctional facilities, counties in New York State will reduce overall costs as well.

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.