SRC-HRD C.S.S.B. 203 75(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 203
By: Shapiro
Finance
2-10-97
Committee Report (Substituted)


Currently, Texas law does not require an inmate who initiates a visit to a
health care provider to make a copayment.  In recent years in-prison
medical costs have risen as prison sentences have increased and the age of
the prison population has risen.  The average inmate makes three times as
many outpatient visits to a medical professional per year compared to
state employees. There is concern that some of these medical visits are
unnecessary.  This bill seeks to deter the unnecessary use of medical
services and to defray costs by requiring an inmate to make a copayment of
$3 for certain health care visits. 

PURPOSE

As proposed, C.S.S.B. 203 requires inmates confined in an institution of
the Texas Department of Criminal Justice to make a copayment to the
department of $3 for certain health care visits. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

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

Sec. 501.061.  INMATE COPAYMENTS FOR CERTAIN HEALTH CARE VISITS. Requires
an inmate confined in an institution of the Texas Department of Criminal
Justice (department) who initiates a visit to a health care  provider to
make a copayment to the department in the amount of $3.  Requires the
inmate to make the copayment out of the inmate's trust fund.  Requires 50
percent of each deposit to the fund to be applied towards the balance owed
until the total amount owed is paid, if the balance in the fund is
insufficient to cover the copayment.  Prohibits a copayment from being
charged for health care under certain conditions.  Prohibits the
department from denying an inmate access to health care as a result of the
inmate's failure or inability to make a copayment.  Requires the
department to deposit money received under this section in an account in
the general revenue fund that may be used only to pay the cost of
administering this section.  Requires the comptroller to transfer any
surplus from the preceding fiscal year to the credit of the compensation
to victims of crime fund in the state treasury created under Chapter 56B,
Code of Criminal Procedure. 

SECTION 2.  Effective date:  January 1, 1998.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 501.061, Government Code, to replace the
institutional division of the Texas Department of Criminal Justice with an
institution of the Texas Department of Criminal Justice.  Provides that a
copayment shall not be charged for health care under certain conditions,
rather than providing that a copayment may not be charged for health care.
Provides that the department shall not deny an inmate access to health
care as a result of the inmate's failure or inability to make a copayment,
rather than providing that the department may not deny an inmate access to
health care as a result of the inmate's failure or inability to make a
copyament.   
 Amends SECTION 2 to provide that this Act takes effect January 1, 1998,
rather than September 1, 1997.