Prisoners; medical treatment
Adds a section to chapter 353, HRS, permitting the department of
public safety to charge prisoners a co-payment of at least 10% of
the cost of any medical procedure administered or provided by the
department; provides for extensive agency rule making and

HB HMIA 99-228
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1      SECTION 1.  Currently, prisoners incarcerated in Hawaii's
 2 jails receive free medical care.  The State of Hawaii is
 3 constitutionally obligated to provide this medical care to the
 4 prisoners.  Unfortunately, many citizens of our state that are
 5 not incarcerated do not have health care.  While this bill does
 6 not propose to provide state sponsored health care for all
 7 citizens, it does propose to permit the Department of Public
 8 Safety to end "free" health care for prisoners.
 9      This bill causes the Department of Public Safety to impose a
10 10% co-payment on all medical care provided to prisoners in its
11 custody.  Prisoners typically have small accounts from "wages"
12 paid by correctional industries and others.  These prisoners
13 should be required to pay at least some of the expense of
14 providing medical treatment to them.
15      This bill does not intend to set up an extensive and
16 expensive bureaucracy to administer this law.  Extensive rule-
17 making by the Department of Public Safety is expressly provided
18 for to permit the efficient implementation of this measure.
19      SECTION 2.  Chapter 353, Hawaii Revised Statutes, is amended

HB HMIA 99-228
Page 2                                                     496
                                     H.B. NO.           

 1 by adding a new section to be appropriately designated and to
 2 read as follows:
 3      "353-     Prisoners; payment for the cost of elective
 4 medical procedures. (a)Notwithstanding any other provision to the
 5 contrary, the department may collect from the prisoner, from a
 6 minimum of ten percent to the entire cost of any medical
 7 procedure administered or provided by the department.
 8      (b)Payment may be made by the prisoner to the department
 9 prior to the medical procedure.  The ability to pay shall not
10 entitle the inmate to treatment. However, the department may set-
11 off any monies owed by the prisoner against any income or release
12 money the prisoner may receive.
13      (c)Pursuant to chapter 91, the department shall promulgate
14 any and all appropriate rules or regulations, necessary to
15 implement this section.
16      (d)The department, may, in its discretion, waive the
17 requirements of this section against a prisoner for good cause."
18      SECTION 3.  New statutory material is underscored.
19      SECTION 4.  This Act shall take effect upon its approval.
22                         INTRODUCED BY:___________________________

HB HMIA 99-228