HOUSE BILL 971115
BY REPRESENTATIVES S. Johnson, Adkins, Kaufman, Lamborn, Morrison, Smith, Tool, Udall, T. Williams, Agler, K. Alexander, Epps, Kreutz, McPherson, Miller, Swenson, and Young;
also SENATORS Hopper, Bishop, Congrove, Dennis, Mutzebaugh,
Norton, Powers, and Schroeder.
CONCERNING ASSESSMENT OF A MEDICAL TREATMENT CHARGE
AGAINST ANY PERSON WHO RECEIVES MEDICAL TREATMENT WHILE BEING
HELD IN A COUNTY JAIL.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Part 1
of article 26 of title 17, Colorado Revised Statutes, 1986 Repl.
Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION
to read:
1726104.5. Medical visits
charge to persons in custody. (1) A
COUNTY JAIL MAY ASSESS A MEDICAL TREATMENT CHARGE AGAINST ANY
PERSON WHO RECEIVES WHILE BEING HELD IN CUSTODY MEDICAL TREATMENT
PERFORMED BY A PHYSICIAN, DENTIST, NURSE, OR LICENSED HOSPITAL
OR AS A RESULT OF A SICK CALL OR FOR WHOM A PRESCRIPTION IS FILLED.
THE COUNTY JAIL MAY ASSESS ANY SUCH MEDICAL TREATMENT CHARGE AGAINST
THE PERSON'S JAIL ACCOUNT. IN ADDITION, THE COUNTY JAIL MAY ASSESS
A REASONABLE MEDICAL TREATMENT CHARGE FOR EACH VISIT BY A PERSON
IN CUSTODY TO AN INSTITUTIONAL OR NONINSTITUTIONAL PHYSICIAN,
DENTIST, OR OPTOMETRIST; EXCEPT THAT A MEDICAL TREATMENT CHARGE
SHALL NOT BE ASSESSED FOR ANY VISIT REQUIRED BY THE COUNTY JAIL
DURING THE INTAKE PROCESS, AN ANNUAL PHYSICAL EXAMINATION, ANY
VISIT TO A PHYSICIAN, DENTIST, OR OPTOMETRIST THAT RESULTS FROM
A REFERRAL BY A NURSE, PHYSICIAN'S ASSISTANT, OR PHYSICIAN, OR
ANY EMERGENCY TREATMENT OR FOLLOWUP VISIT INITIATED BY A
MEDICAL PROFESSIONAL. IN NO CASE SHALL A PERSON'S INABILITY TO
PAY BE THE BASIS FOR NOT PROVIDING TREATMENT BY ANY MEDICAL PERSONNEL.
ANY MEDICAL TREATMENT CHARGE THAT REMAINS UNPAID SHALL CONSTITUTE
A COST OF CARE THAT THE PERSON MAY BE ORDERED TO PAY PURSUANT
TO SECTION 1611501, C.R.S., AND THAT MAY BE COLLECTED
BY THE COUNTY PURSUANT TO THE PROVISIONS OF SECTION 1611101.6,
C.R.S.
(2) THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ANY PERSON HELD IN CUSTODY IN A COUNTY JAIL REGARDLESS
OF WHETHER THE PERSON IS A JUVENILE, IS BEING HELD PRIOR TO TRIAL,
OR IS IN CUSTODY FOR CONVICTION UNDER A STATE STATUTE OR A COUNTY
OR MUNICIPAL ORDINANCE.
SECTION 2. 163401 (2),
Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
163401. Treatment while in custody.
(2) Persons arrested or in custody shall be treated
humanely and provided with adequate food, shelter, and, if required,
medical treatment. ANYONE RECEIVING MEDICAL TREATMENT WHILE HELD
IN CUSTODY MAY BE ASSESSED A MEDICAL TREATMENT CHARGE AS PROVIDED
IN SECTION 1726104.5, C.R.S.
SECTION 3. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO