AN ACT
1-1 relating to the provision of health care to an inmate confined in a
1-2 facility operated by or under contract with the Texas Department of
1-3 Criminal Justice.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 501, Government Code, is
1-6 amended by adding Section 501.061 to read as follows:
1-7 Sec. 501.061. INMATE COPAYMENTS FOR CERTAIN HEALTH CARE
1-8 VISITS. (a) An inmate confined in a facility operated by or under
1-9 contract with the department, other than a halfway house, who
1-10 initiates a visit to a health care provider shall make a copayment
1-11 to the department in the amount of $3. The inmate shall make the
1-12 copayment out of the inmate's trust fund. If the balance in the
1-13 fund is insufficient to cover the copayment, 50 percent of each
1-14 deposit to the fund shall be applied toward the balance owed until
1-15 the total amount owed is paid.
1-16 (b) The department may not charge a copayment for health
1-17 care:
1-18 (1) provided in response to a life-threatening or
1-19 emergency situation affecting the inmate's health;
1-20 (2) initiated by the department;
1-21 (3) initiated by the health care provider or
1-22 consisting of routine follow-up, prenatal, or chronic care; or
1-23 (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 before an inmate initiates a visit to a health care provider, the
2-5 inmate is informed that a $3 copayment will be deducted from the
2-6 inmate's trust fund as required by Subsection (a).
2-7 (d) The department may not deny an inmate access to health
2-8 care as a result of the inmate's failure or inability to make a
2-9 copayment.
2-10 (e) The department shall deposit money received under this
2-11 section in an account in the general revenue fund that may be used
2-12 only to pay the cost of administering this section. At the
2-13 beginning of each fiscal year, the comptroller shall transfer any
2-14 surplus from the preceding fiscal year to the state treasury to the
2-15 credit of the general revenue fund.
2-16 SECTION 2. Section 501.014, Government Code, is amended by
2-17 adding Subsection (g) to read as follows:
2-18 (g) The department shall withdraw money from an inmate's
2-19 trust fund under Subsection (e) before the department applies a
2-20 deposit to that fund toward any unpaid balance owed to the
2-21 department by the inmate under Section 501.061.
2-22 SECTION 3. This Act takes effect January 1, 1998.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
S.B. No. 203
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 203 passed the Senate on
February 13, 1997, by a viva-voce vote; April 14, 1997, Senate
refused to concur in House amendment and requested appointment of
Conference Committee; April 17, 1997, House granted request of the
Senate; May 10, 1997, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 203 passed the House, with
amendment, on April 9, 1997, by a non-record vote; April 17, 1997,
House granted request of the Senate for appointment of Conference
Committee; May 8, 1997, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor