SGN C.S.S.B. 203 75(R)    BILL ANALYSIS


CORRECTIONS
C.S.S.B. 203
By: Shapiro (Staples)
4-7-97
Committee Report (Substituted)

BACKGROUND 

Prison health care costs continue to rise. Much of this trend is
attributed to high utilization rates within the prison system.  Texas
inmates make three times as many outpatient visits to a medical
professional as compared to state employees.  Many inmates may choose to
initiate medical visits due to boredom or to seek relief from work-detail.
To combat this practice, many counties in Texas and numerous states have
instituted a co-pay system requiring inmates to contribute toward the cost
of their health care.  County jails charge prisoners for medical expenses
under authority of Vernon's Ann.C.C.P. Art. 104.002.  Currently, there is
no law allowing for this practice at the state prison level.   

PURPOSE

As proposed, C.S.S.B. 203 requires the Texas Department of Criminal
Justice to charge inmates a $3 co-payment, to be deducted from the
inmate's trust account, for all self-initiated nonemergency health care
visits.  Provisions are included to insure no inmate would be denied
health care if unable to pay.     

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Subchapter B, Chapter 501, Government Code, by adding
Section 501.061, as follows: 

Sec. 501.061.  INMATE COPAYMENTS FOR CERTAIN HEALTH CARE VISITS.

 (a)  Requires an inmate confined in a facility, other than a halfway
house, operated by or under contract with the Texas Department of Criminal
Justice (department), who initiates a visit to a health care provider, to
make a co-payment to the department in the amount of $3.  Requires the
payment to be deducted from the inmate's trust fund.  Requires, if the
balance in the fund is insufficient to cover the co-payment, 50 percent of
each deposit to the fund be applied to the balance owed until the total
amount owed is paid. 

 (b)  Prohibits the department from charging a co-payment for health care
provided in response to a life-threatening or emergency situation;
initiated by the department; initiated by the health care provider or
consisting of routine follow-up, prenatal, or chronic care; or, provided
under contract established under the Interstate Corrections Compact or
under an agreement with another state precluding a co-payment. 

 (c)  Requires the department to adopt policies to ensure an inmate is
informed about the co-payment before the inmate initiates a visit to a
health care provider.  Provides that an inmate against whom a co-payment
has been charged, may submit a grievance under the Inmate Grievance System
on the basis that Subsection (b) prohibits the imposition of the charge. 

 (d)  Prohibits the department from denying an inmate access to health
care based on failure or inability to make a co-payment. 
 
 (e)  Requires the department to deposit money received under this section
in an account in the general revenue fund to be used only for the cost of
administering this section.  Requires the Comptroller, at the beginning of
each fiscal year, to transfer any surplus from the previous fiscal year to
the credit of the general revenue fund in the state treasury. 

SECTION 2:   Amends Section 501.014, Government Code, by adding Subsection
(g) to require the department to allow the institutional division to
withdraw money from an inmate's trust fund for court ordered child
support, restitution, fines, and court costs before applying a deposit to
the inmate trust fund toward any unpaid balance owed to the department by
the inmate under Section 501.061. 

SECTION 3:  Effective date:  January 1, 1998.

SECTION 4:  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute bill defines the affected facilities as those operated by
or under contract with the department, whereas the original bill defined
them as an institution of the TDCJ.  The substitute adds prenatal and
chronic care to the list of health care exempt from a co-payment.
C.S.S.B. 203 adds a Subsection requiring the department to adopt policies
to inform inmates about the copayment before they initiate a health care
visit and allows for an inmate to submit a grievance regarding the
imposition of the charge.  The substitute transfers any surplus revenue
from the preceding year to the credit of the general revenue fund instead
of to the Crime Victims' Compensation Fund.  The substitute also adds a
Subsection clarifying inmate trust fund withdrawals giving priority to
court ordered child support, restitution, fines, and court costs before
deposits are applied toward unpaid balances for inmate health care
co-payments.