By Cuellar                                       H.B. No. 513

      75R3320 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

 1-3     the institutional division of the Texas Department of Criminal

 1-4     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 imprisoned in a facility operated by or

1-10     under contract with the department who initiates a visit to a

1-11     health care provider shall make a copayment to the department in

1-12     the amount of $3.  The inmate shall make the copayment out of the

1-13     inmate's trust fund.  If the balance in the fund is insufficient to

1-14     cover the copayment, each deposit to the fund shall be applied

1-15     toward the balance owed until the total amount owed is paid.

1-16           (b)  The department shall adopt rules to ensure that before

1-17     an inmate initiates a visit to a health care provider, the inmate

1-18     is informed that a $3 copayment will be deducted from the inmate's

1-19     trust fund as required by Subsection (a).  The rules shall include

1-20     rules to establish a procedure for an inmate to submit a grievance

1-21     to the department regarding the imposition of the copayment.

1-22           (c)  A copayment may not be charged for health care:

1-23                 (1)  initiated by the department or by a health care

1-24     provider;

 2-1                 (2)  provided in response to a life-threatening or

 2-2     emergency situation affecting the inmate's health;

 2-3                 (3)  provided to a pregnant inmate;

 2-4                 (4)  provided to an inmate who is a juvenile offender

 2-5     committed as an adult; or

 2-6                 (5)  provided to an inmate who is assigned to a special

 2-7     programs unit, a long-term care unit, or an inpatient medical care

 2-8     unit.

 2-9           (d)  The department may not deny an inmate access to health

2-10     care as a result of the inmate's failure or inability to make a

2-11     copayment.

2-12           SECTION 2.  This Act takes effect September 1, 1997.

2-13           SECTION 3.  The Texas Department of Criminal Justice shall

2-14     adopt the rules required by Section 501.061, Government Code, as

2-15     added by this Act, not later than November 1, 1997.

2-16           SECTION 4.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.