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.