THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, ERICKSON, COSTA, ALLOWAY, ARGALL, BAKER, BOSCOLA, O'PAKE, RAFFERTY, WARD AND D. WHITE, APRIL 27, 2010

REFERRED TO JUDICIARY, APRIL 27, 2010  

AN ACT

Amending the act of August 9, 1955 (P.L.323, No.130), entitled,

as amended, "An act relating to counties of the first, third,

fourth, fifth, sixth, seventh and eighth classes; amending,

revising, consolidating and changing the laws relating

thereto; relating to imposition of excise taxes by counties,

including authorizing imposition of an excise tax on the

rental of motor vehicles by counties of the first class; and

providing for regional renaissance initiatives," providing

for an inmate medical services program, for deposits and for

recovery of costs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Article XXI of the act of August 9, 1955

(P.L.323, No.130), known as The County Code, is amended by

adding a subarticle to read:

(c.1)  Inmate Medical Services Program

Section 2140.  Definitions.

The following words and phrases when used in this subarticle

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Bureau."  The Bureau of Corrections of a county.

"Program."  A county inmate medical services program

established under section 2141.

Section 2141.  Inmate medical services program.

(a)  Establishment.--A bureau may establish a county inmate

medical services program that requires inmates to pay a fee or

co-pay for certain medical services and that is consistent with

the Commonwealth's medical services program.

(b)  Fees.--

(1)  A program shall provide for consistent medical

services guidelines by specifying the following:

(i)  The medical services that are subject to fees,

the fee amounts and payment procedures.

(ii)  Medical services that are not subject to fees.

(iii)  Fees applicable to medical emergencies,

chronic care and preexisting conditions.

(2)  In addition to other medical services provided to an

inmate, an inmate may be required to pay a fee for medical

services provided because of injuries the inmate inflicted

upon himself or another inmate.

(c)  Notice to inmates.--The bureau shall provide notice

regarding a program as follows:

(1)  Written notice shall be provided to all current

inmates regarding implementation of the program.

(2)  Each inmate shall be advised of the medical services

fees and payment procedures at the time of intake. An

explanation of the program regulations shall be included in

the inmate handbook.

(3)  Each inmate shall receive written notice of any

changes in medical services fees and payment procedures.

(d)  Access to medical services.--

(1)  No inmate shall be denied access to medical services

because of an inability to pay the required fees.

(2)  Each inmate shall provide the bureau with

information on the existence of any health insurance or

medical coverage, or the inmate's eligibility for medical

assistance.

(3)  Medical services fees and co-pays shall not be

charged for an initial intake or examination, nor other

services initiated solely at the direction of staff of the

correctional institution.

(e)  Fee debits.--An inmate shall be provided written

acknowledgment of any debit made to his inmate account for a

medical services fee.

Section 2142.  Recovery of costs.

(a)  Right-to-recovery.--The bureau may seek to recover any

amount owed for medical services fees by an inmate upon release

from the correctional institution through a civil action brought

within one year of the inmate's release. The bureau shall have

the burden to prove the amount owed.

(b)  Defense.--Inability to pay as determined by the court

shall be a defense to the payment of part of all of the fees.

Section 2143.  Payment to health care facilities and

practitioners.

The liability of a county that establishes a program for

payment to any health care facility or practitioner that

participates in the medical assistance program established under

the act of June 13, 1967 (P.L.31, No.21), known as the Public

Welfare Code, shall not exceed the lesser of:

(1)  the actual amount of the bill from the health care

facility or practitioner; or

(2)  110% of the medical assistance rate for the service,

plus any co-pay collected.

Section 2144.  Deposits.

Medical services fees collected shall be deposited in the

county's general fund. The bureau shall provide an annual audit

of the program to the county executive.

Section 2.  The addition of Article XXI(c.1) of the act shall

not apply to any contract to provide inmate health care services

in effect on or before the effective date of this act.

Section 3.  This act shall take effect in 60 days.