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.