What's happening
This bill requires inmates in New York correctional facilities to pay a $7 medical co-payment for most non-psychiatric medical visits.
Why it matters
Imposes a financial barrier to accessing medical care. By requiring a $7 co-payment for most non-psychiatric medical visits, the bill may deter inmates—many of whom have little or no income—from seeking timely healthcare, potentially leading to worse health outcomes or untreated issues.
Impacts inmate finances and institutional control. Inmates’ accounts will be frozen if they cannot pay, potentially impacting their ability to purchase other basic necessities or participate in programs that require account access, while also increasing administrative oversight of prisoner finances.
Excludes psychiatric care and federal inmates from charges. The exemption for psychiatric visits recognizes the importance of mental health access, and federal inmates are not charged directly if their federal jurisdiction pays a per diem, indicating selective application and potentially uneven healthcare costs among the incarcerated population.
Designates co-payment funds for facility operations. Money collected from these co-payments goes directly to the correctional facility’s budget, which could incentivize reliance on inmate payments to fund institutional needs rather than broader state or county support.
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Who cares
Headline styles
Inmates Pay Medical Co-Pays
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3128
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
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 Assembly, do enact as follows:
Section 1. The correction law is amended by adding a new section 607 to read as follows:
§ 607. Medical treatment co-payment. 1. An inmate of an institution of the department or any county-owned or operated local correctional facility 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 scheduled 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 accompanying 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.
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04916-01-9
S. 3128 2
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 available 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.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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-pay- ment 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 avail- able for the operation of the facility.
Justification
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. New York currently spends over $350 million each year on prison health services (over $6,600 per inmate) in state correctional facilities. 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, coun- ties in New York State will reduce overall costs.as well.
Over 30 states and the feds charge medical services co-pay. 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.
Prior legislative history
2017/2018: referred to Crime Victims, Crime and Correction 2015/2016: S.1686 referred to Crime Victims, Crime and Correction/A.1553 referred to Correction 2013/2014: S.1894 referred to Crime Victims, Crime and Correction/A.6205 referred to Correction 2011/2012: S.476-A passed Senate/A.7870 referred to Correction 2009-2010: S.2404 referred to Crime Victims, Crime and Correction 2007/2008: S.1453 passed Senate 2005/2006: S.1324 passed Senate 2003/2004: S.439 passed Senate 2001/2002: S.224 passed Senate 1999/2000: S.642 passed Senate 1998: S.3429 passed Senate 1997: S.3429 passed Senate 1996: S.7482-A referred to Rules
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.