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.