75R9595 PEP-D                           

         By Staples, Hamric, Cuellar, et al.                    H.B. No. 214

         Substitute the following for H.B. No. 214:

         By Allen                                           C.S.H.B. No. 214

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the provision of health care to an inmate confined in a

 1-3     facility operated by or under contract with the  Texas Department

 1-4     of Criminal Justice.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter B, Chapter 501, Government Code,  is

 1-7     amended by adding Section 501.061 to read as follows:

 1-8           Sec. 501.061.  INMATE COPAYMENTS FOR CERTAIN HEALTH CARE

 1-9     VISITS.  (a)  An inmate confined in a facility operated by or under

1-10     contract with the department, other than a halfway house, who

1-11     initiates a visit to a health care provider shall make a copayment

1-12     to the department in the amount of $3.  The inmate shall make the

1-13     copayment out of the inmate's trust fund.  If the balance in the

1-14     fund is insufficient to cover the copayment, 50 percent of each

1-15     deposit to the fund shall be applied toward the balance owed until

1-16     the total amount owed is paid.

1-17           (b)  The department may not charge a copayment for health

1-18     care:

1-19                 (1)  provided in response to a life-threatening or

1-20     emergency situation affecting the inmate's health;

1-21                 (2)  initiated by the department;

1-22                 (3)  initiated by the health care provider or

1-23     consisting of routine follow-up, prenatal, or chronic care; or

1-24                 (4)  provided under a contractual obligation that is

 2-1     established under the Interstate Corrections Compact or under an

 2-2     agreement with another state that precludes assessing a copayment.

 2-3           (c)  The department shall adopt policies to ensure that:

 2-4                 (1)  before an inmate initiates a visit to a health

 2-5     care provider, the inmate is informed that a $3 copayment will be

 2-6     deducted from the inmate's trust fund as required by Subsection

 2-7     (a); and

 2-8                 (2)  an inmate against whom a copayment is charged may

 2-9     submit a grievance under Section 501.008 on the basis that

2-10     Subsection (b) prohibits the imposition of the charge.

2-11           (d)  The department may not deny an inmate access to health

2-12     care as a result of the inmate's failure or inability to make a

2-13     copayment.

2-14           (e)  The department shall deposit money received under this

2-15     section in an account in the general revenue fund that may be used

2-16     only to pay the cost of administering this section.  At the

2-17     beginning of each fiscal year, the comptroller shall transfer any

2-18     surplus from the preceding fiscal year to the state treasury to the

2-19     credit of the general revenue fund.

2-20           SECTION 2.  Section 501.014, Government Code, is amended by

2-21     adding Subsection (g) to read as follows:

2-22           (g)  The department shall allow the institutional division to

2-23     withdraw money from an inmate's trust fund under Subsection (e)

2-24     before the department applies a deposit to that fund toward any

2-25     unpaid balance owed to the department by the inmate under Section

2-26     501.061.

2-27           SECTION 3.  This Act takes effect January 1, 1998.

 3-1           SECTION 4.  The importance of this legislation and the

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended.