California Assembly Bill AB2232 Introduced / Bill

 BILL NUMBER: AB 2232INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Nielsen FEBRUARY 18, 2010 An act to amend Section 5007.5 of the Penal Code, relating to inmates. LEGISLATIVE COUNSEL'S DIGEST AB 2232, as introduced, Nielsen. Inmates: inmate-initiated medical and dental visits. Under existing law, the Secretary of the Department of Corrections and Rehabilitation is authorized to charge a fee in the amount of $5 for each inmate-initiated medical visit of an inmate confined in the state prison. Existing law authorizes the medical provider to waive the fee, requires the medical provider to waive the fee in any life-threatening or emergency situation, as defined, exempts followup medical visits from the fee, and requires all moneys received pursuant to this provision to, upon appropriation by the Legislature, be expended to reimburse the department for direct provision of inmate health care services. This bill would increase the above fee to $10 and additionally authorize a $5 fee for each inmate-initiated dental visit. The bill would require that these fees be adjusted annually for inflation, as specified. The bill would provide for the fees to be charged even if the inmate has insufficient funds in his or her personal account to cover the fees and would require that any amounts owing be paid before spending on other items is permitted, except as specified. The bill would require that followup medical or dental visits at the direction of the medical or dental staff be charged in an amount equal to 25% of the initial fee charged. The bill would remove the requirement that the fee be waived in any life-threatening or emergency situation and modify the definition of emergency services. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 5007.5 of the Penal Code is amended to read: 5007.5. (a) The  Director of Corrections   Secretary of the Department of Corrections and Rehabilitation  is authorized to charge a fee in the amount of five dollars ($5)   ten dollars ($10)  for each inmate-initiated medical visit  and in the amount of five dollars ($5) for each inmate-initiated dental visit  of an inmate confined in the state prison.  Commencing with the 2011-   12 fiscal year, the fees established in this subdivision shall be adjusted annually for inflation using data from the Department of Finance.  (b) The  fee   fees  shall be charged to the prison account of the inmate. If the inmate  has no money in his or her personal account, there shall be no charge for the medical visit.   does not have sufficient funds in his or her personal account to cover the fee, the account shall be debited   and may carry a negative balance. Any amounts owing must be paid before spending on other items is   permitted and shall be subordinate only to court-ordered payments, such as victim restitution.  (c) An inmate shall not be denied medical care because of a lack of funds in his or her prison account. (d) The medical  or dental  provider may waive the fee for any inmate-initiated treatment  and shall waive the fee  in any life-threatening or emergency situation, defined as those health services required  for alleviation of severe pain or  for immediate diagnosis  and   or  treatment of unforeseen medical conditions that if not immediately diagnosed  and   or  treated could  reasonably be expected to  lead to disability or death. (e) Followup medical  or dental  visits at the direction of the medical  or dental  staff shall  not  be charged to the inmate  in an amount equal to 25 percen   t of the fee initially charged to the inmate pursuant to subdivision (a)  . (f) All moneys received by the  Director of Corrections   Secretary of the Department of Corrections and Rehabilitation  pursuant to this section shall, upon appropriation by the Legislature, be expended to reimburse the Department of Corrections  and Rehabilitation  for direct provision of inmate health care services.