BY REPRESENTATIVE Clarke;
also SENATORS Bishop, Linkhart, Reeves, and Dennis.
CONCERNING PAYMENT FOR MEDICALLYRELATED SERVICES
TO INMATES IN THE DEPARTMENT OF CORRECTIONS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 171113,
Colorado Revised Statutes, is amended to read:
171113. Medical visits
charge to inmates legislative declaration.
(1) (a) The department
shall charge three dollars against an inmate's account for each
visit by such inmate to an institutional or noninstitutional physician,
dentist, or optometrist; except that such charge shall not be
assessed for any visit required by the department during the intake
process, an annual physical examination, any visit initiated by
a medical or mental health staff member, any visit to a physician,
dentist, or optometrist resulting from a referral by a nurse or
physician assistant, any emergency treatment, or a followup
visit initiated by a medical professional. No inmate shall be
allowed to expend moneys from or incur charges against his account
for his personal use until such medical charge has been deducted
from his account. THE GENERAL ASSEMBLY
HEREBY FINDS THAT THE SYSTEM OF CHARGING INMATES A THREEDOLLAR
COPAYMENT FOR CERTAIN MEDICAL SERVICES, BUT NOT FOR OTHER SERVICES,
IS CONFUSING TO DEPARTMENT PERSONNEL AND, AS A RESULT, IS INCONSISTENTLY
APPLIED. FURTHERMORE, THE GENERAL ASSEMBLY HAS DETERMINED THAT
SUCH A SYSTEM DOES NOT EFFECTIVELY DISCOURAGE INMATES FROM SEEKING
UNNECESSARY MEDICAL SERVICES. THE GENERAL ASSEMBLY ALSO FINDS
THAT THE LACK OF UNIFORM AND DETAILED DEPARTMENT MEDICAL RECORDS
RENDERS A CONSTRUCTIVE ANALYSIS OF THE COPAYMENTS ASSESSED AGAINST
INMATES AT THOSE FACILITIES VIRTUALLY IMPOSSIBLE.
(b) THE GENERAL ASSEMBLY THEREFORE FINDS
AND DETERMINES THAT THE DEPARTMENT SHOULD ESTABLISH CONSISTENT
COPAYMENTS FOR ALL MEDICAL, DENTAL, AND OPTOMETRIC SERVICES RENDERED
TO OR ON BEHALF OF INMATES AND SHOULD REQUIRE THE FACILITIES RENDERING
SUCH SERVICES TO FOLLOW SPECIFIED PROCEDURES, INCLUDING THE MAINTENANCE
OF DETAILED RECORDS REGARDING THE ASSESSMENT OF COPAYMENTS.
(2) THE DEPARTMENT SHALL ASSESS CONSISTENT
COPAYMENTS, IN AMOUNTS TO BE DETERMINED BY RULE OF THE EXECUTIVE
DIRECTOR PURSUANT TO SUBSECTION (4) OF THIS SECTION, AGAINST AN
INMATE'S ACCOUNT FOR EVERY MEDICAL SERVICE PROVIDED TO SUCH INMATE
BY A PHYSICIAN, PHYSICIAN'S ASSISTANT, NURSE PRACTITIONER, REGISTERED
NURSE, OR LICENSED PRACTICAL NURSE, WHETHER SUCH MEDICAL PROFESSIONAL
IS INSTITUTIONAL OR NONINSTITUTIONAL. THE DEPARTMENT SHALL ASSESS
CONSISTENT COPAYMENTS, IN AMOUNTS TO BE DETERMINED BY RULE OF
THE EXECUTIVE DIRECTOR PURSUANT TO SUBSECTION (4) OF THIS SECTION,
AGAINST AN INMATE'S ACCOUNT FOR EVERY VISIT BY SUCH INMATE TO
A DENTIST OR OPTOMETRIST. THE AMOUNT OF THE COPAYMENT FOR THE
DENTAL OR OPTOMETRIC SERVICES NEED NOT BE THE SAME AS THE COPAYMENT
FOR MEDICAL SERVICES.
(3) THE DEPARTMENT SHALL COMMUNICATE THE
NEW MANDATORY COPAYMENT POLICY TO EVERY CORRECTIONAL FACILITY
THAT PROVIDES MEDICAL, DENTAL, AND OPTOMETRIC SERVICES TO OR ON
BEHALF OF INMATES TO ENSURE THAT ALL DEPARTMENT PERSONNEL CONSISTENTLY
AND REGULARLY ASSESS THE REQUIRED COPAYMENT FOR MEDICAL, DENTAL,
AND OPTOMETRIC SERVICES.
(4) THE EXECUTIVE DIRECTOR SHALL PROMULGATE
RULES RELATED TO MEDICAL, DENTAL, AND OPTOMETRIC SERVICE COPAYMENTS,
WHICH RULES SHALL ADDRESS, BUT NEED NOT BE LIMITED TO, THE FOLLOWING:
(a) THE AMOUNT OF THE CONSISTENT COPAYMENT
TO BE ASSESSED AGAINST AN INMATE'S ACCOUNT FOR MEDICAL SERVICES,
INCLUDING BUT NOT LIMITED TO MENTAL HEALTH SERVICES, WHICH COPAYMENT
SHALL NOT EXCEED THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH
ANY TYPE OF MEDICAL SERVICE THAT MAY BE RENDERED;
(b) THE AMOUNT OF THE CONSISTENT COPAYMENT
TO BE CHARGED AGAINST AN INMATE'S ACCOUNT FOR DENTAL AND OPTOMETRIC
SERVICES, WHICH COPAYMENT SHALL NOT EXCEED THE DIRECT AND INDIRECT
COSTS ASSOCIATED WITH ANY DENTAL OR OPTOMETRIC SERVICE THAT MAY
BE RENDERED;
(c) THE DETAILED PROCEDURES THAT DEPARTMENT
PERSONNEL ARE TO FOLLOW IN ASSESSING SUCH COPAYMENTS;
(d) THE SPECIFIC AND EXCLUSIVE BASES UPON
WHICH A COPAYMENT MAY BE WAIVED BY DEPARTMENT PERSONNEL;
(e) THE INFORMATION TO BE OBTAINED BY
DEPARTMENT PERSONNEL AT THE TIME OF THE INMATE'S MEDICAL, DENTAL,
OR OPTOMETRIC VISIT ON A STANDARDIZED DEPARTMENT FORM, INCLUDING
THE INMATE'S NAME, THE INMATE'S IDENTIFICATION NUMBER, THE AMOUNT
OF THE COPAYMENT ASSESSED, THE REASON FOR THE VISIT, THE TYPE
OF SERVICE RENDERED, AND THE BASIS, FOR ANY WAIVER OF THE COPAYMENT;
AND
(f) DISCIPLINARY ACTION TO BE TAKEN AGAINST
DEPARTMENT PERSONNEL WHO FAIL TO ASSESS THE COPAYMENT.
(5) THE DEPARTMENT SHALL MONITOR THE INFORMATION
COLLECTED PURSUANT TO PARAGRAPH (e) OF SUBSECTION (4) OF THIS
SECTION TO ENSURE THAT THE COPAYMENTS ARE BEING ASSESSED CONSISTENTLY
TO ALL INMATES.
(6) THE DEPARTMENT SHALL REPORT TO THE
LEGISLATIVE AUDIT COMMITTEE ON OR BEFORE SEPTEMBER 1, 1999, CONCERNING
THE VOLUME OF MEDICAL, DENTAL, AND OPTOMETRIC SERVICES RENDERED
TO INMATES PRIOR TO JULY 1, 1998, AND THE ASSOCIATED COPAYMENTS
RECEIVED THEREFOR. THE REPORT SHALL ALSO ITEMIZE THE MEDICAL,
DENTAL, AND OPTOMETRIC SERVICES RENDERED ON AND AFTER JULY 1,
1998, TO INMATES AND THE COPAYMENTS ASSESSED FOR SUCH SERVICES
SINCE THAT DATE. THE DEPARTMENT SHALL ANALYZE THE EFFECTIVENESS
OF THE REVISED COPAYMENT SCHEDULE AND PROCEDURES IN IMPROVING
DEPARTMENTAL PRACTICE CONSISTENCY AND IN REDUCING THE PROVISION
OF UNNECESSARY MEDICAL SERVICES TO INMATES.
SECTION 2. 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO