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Third Substitute H.B. 312

Senator Curtis S. Bramble proposes the following substitute bill:


             1     
MEDICAL EXPENSES FOR OFFENDERS

             2     
2010 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Paul Ray

             5     
Senate Sponsor: Curtis S. Bramble

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies Title 64, State Institutions, to set payment rates for certain medical
             10      services provided to criminal offenders outside of a prison facility.
             11      Highlighted Provisions:
             12          This bill:
             13          .    provides that medical care provided outside of a prison facility to an offender in the
             14      custody of the department shall be provided at the contracted rate, or if there is no
             15      contract between the department and a health care facility or provider that
             16      establishes a fee schedule for medical services rendered, expenses shall be at the
             17      noncapitated state Medicaid rate in effect at the time the service was provided
             18      regarding health care facilities, and 65% of the amount that would be paid under the
             19      Public Employees' Benefit and Insurance Program for health care providers;
             20          .    provides that the expense to the department for these medical services is limited to
             21      the amount that the expense exceeds coverage by an offender's policy through a
             22      private insurer that is in effect at the time of the service; and
             23          .    the Public Employees' Benefit and Insurance Program shall provide information to
             24      the department that enables the department to calculate the amount to be paid to a
             25      health care provider, and this information shall be kept confidential.


             26      Monies Appropriated in this Bill:
             27          None
             28      Other Special Clauses:
             29          This bill takes effect on July 1, 2011.
             30      Utah Code Sections Affected:
             31      AMENDS:
             32          64-13-30, as last amended by Laws of Utah 2009, Chapter 258
             33     
             34      Be it enacted by the Legislature of the state of Utah:
             35          Section 1. Section 64-13-30 is amended to read:
             36           64-13-30. Expenses incurred by offenders -- Payment to department or county
             37      jail -- Medical care expenses and copayments.
             38          (1) (a) The department shall establish and collect from each offender on a work release
             39      program the reasonable costs of the offender's maintenance, transportation, and incidental
             40      expenses incurred by the department on behalf of the offender.
             41          (b) Priority shall be given to restitution and family support obligations.
             42          (c) The offender's reimbursement to the department for the cost of obtaining the
             43      offender's DNA specimen[,] under Section 53-10-404 is the next priority after Subsection
             44      (1)(b).
             45          (2) The department, under its rules, may advance funds to any offender as necessary to
             46      establish the offender in a work release program.
             47          (3) (a) The department or county jail may require an inmate to make a copayment for
             48      medical and dental services provided by the department or county jail.
             49          (b) For services provided while in the custody of the department, the copayment by the
             50      inmate is $5 for primary medical care, $5 for dental care, and $2 for prescription medication.
             51          (c) For services provided outside of a prison facility while in the custody of the
             52      department, the offender is responsible for 10% of the costs associated with hospital care with
             53      a cap on an inmate's share of hospital care expenses not to exceed $2,000 per fiscal year.
             54          (4) (a) An inmate who has assets exceeding $200,000, as determined by the department
             55      upon entry into the department's custody, is responsible to pay the costs of all medical and
             56      dental care up to 20% of the inmate's total determined asset value.


             57          (b) After an inmate has received medical and dental care equal to 20% of the inmate's
             58      total asset value, the inmate [will be] is subject to the copayments provided in Subsection (3).
             59          (5) The department shall turn over to the Office of State Debt Collection any debt
             60      under this section that is unpaid at the time the offender is released from parole.
             61          (6) An inmate may not be denied medical treatment if the inmate is unable to pay for
             62      the treatment because of inadequate financial resources.
             63          (7) When an offender in the custody of the department receives medical care that is
             64      provided outside of a prison facility, the department shall pay the costs:
             65          (a) at the contracted rate; or
             66          (b) (i) if there is no contract between the department and a health care facility that
             67      establishes a fee schedule for medical services rendered, expenses shall be at the noncapitated
             68      state Medicaid rate in effect at the time the service was provided; and
             69          (ii) if there is no contract between the department and a health care provider that
             70      establishes a fee schedule for medical services rendered, expenses shall be 65% of the amount
             71      that would be paid under the Public Employees' Benefit and Insurance Program, created in
             72      Section 49-20-103 .
             73          (8) Expenses described in Subsection (7) are a cost to the department only to the extent
             74      that they exceed an offender's private insurance that is in effect at the time of the service and
             75      that covers those expenses.
             76          (9) (a) The Public Employees' Benefit and Insurance Program shall provide
             77      information to the department that enables the department to calculate the amount to be paid to
             78      a health care provider under Subsection (7)(b).
             79          (b) The department shall ensure that information provided under Subsection (9)(a) is
             80      confidential.
             81          Section 2. Effective date.
             82          This bill takes effect on July 1, 2011.


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