§ 4048. — Fees for health care services for prisoners.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4048]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 303--BUREAU OF PRISONS
Sec. 4048. Fees for health care services for prisoners
(a) Definitions.--In this section--
(1) the term ``account'' means the trust fund account (or
institutional equivalent) of a prisoner;
(2) the term ``Director'' means the Director of the Bureau of
Prisons;
(3) the term ``health care provider'' means any person who is--
(A) authorized by the Director to provide health care
services; and
(B) operating within the scope of such authorization;
(4) the term ``health care visit''--
(A) means a visit, as determined by the Director, by a
prisoner to an institutional or noninstitutional health care
provider; and
(B) does not include a visit initiated by a prisoner--
(i) pursuant to a staff referral; or
(ii) to obtain staff-approved follow-up treatment for a
chronic condition; and
(5) the term ``prisoner'' means--
(A) any individual who is incarcerated in an institution
under the jurisdiction of the Bureau of Prisons; or
(B) any other individual, as designated by the Director, who
has been charged with or convicted of an offense against the
United States.
(b) Fees for Health Care Services.--
(1) In general.--The Director, in accordance with this section
and with such regulations as the Director shall promulgate to carry
out this section, may assess and collect a fee for health care
services provided in connection with each health care visit
requested by a prisoner.
(2) Exclusion.--The Director may not assess or collect a fee
under this section for preventative health care services, emergency
services, prenatal care, diagnosis or treatment of chronic
infectious diseases, mental health care, or substance abuse
treatment, as determined by the Director.
(c) Persons Subject to Fee.--Each fee assessed under this section
shall be collected by the Director from the account of--
(1) the prisoner receiving health care services in connection
with a health care visit described in subsection (b)(1); or
(2) in the case of health care services provided in connection
with a health care visit described in subsection (b)(1) that results
from an injury inflicted on a prisoner by another prisoner, the
prisoner who inflicted the injury, as determined by the Director.
(d) Amount of Fee.--Any fee assessed and collected under this
section shall be in an amount of not less than $1.
(e) No Consent Required.--Notwithstanding any other provision of
law, the consent of a prisoner shall not be required for the collection
of a fee from the account of the prisoner under this section. However,
each such prisoner shall be given a reasonable opportunity to dispute
the amount of the fee or whether the prisoner qualifies under an
exclusion under this section.
(f) No Refusal of Treatment For Financial Reasons.--Nothing in this
section may be construed to permit any refusal of treatment to a
prisoner on the basis that--
(1) the account of the prisoner is insolvent; or
(2) the prisoner is otherwise unable to pay a fee assessed under
this section.
(g) Use of Amounts.--
(1) Restitution of specific victims.--Amounts collected by the
Director under this section from a prisoner subject to an order of
restitution issued pursuant to section 3663 or 3663A shall be paid
to victims in accordance with the order of restitution.
(2) Allocation of other amounts.--Of amounts collected by the
Director under this section from prisoners not subject to an order
of restitution issued pursuant to section 3663 or 3663A--
(A) 75 percent shall be deposited in the Crime Victims Fund
established under section 1402 of the Victims of Crime Act of
1984 (42 U.S.C. 10601); and
(B) 25 percent shall be available to the Attorney General
for administrative expenses incurred in carrying out this
section.
(h) Notice to Prisoners of Law.--Each person who is or becomes a
prisoner shall be provided with written and oral notices of the
provisions of this section and the applicability of this section to the
prisoner. Notwithstanding any other provision of this section, a fee
under this section may not be assessed against, or collected from, such
person--
(1) until the expiration of the 30-day period beginning on the
date on which each prisoner in the prison system is provided with
such notices; and
(2) for services provided before the expiration of such period.
(i) Notice to Prisoners of Regulations.--The regulations promulgated
by the Director under subsection (b)(1), and any amendments to those
regulations, shall not take effect until the expiration of the 30-day
period beginning on the date on which each prisoner in the prison system
is provided with written and oral notices of the provisions of those
regulations (or amendments, as the case may be). A fee under this
section may not be assessed against, or collected from, a prisoner
pursuant to such regulations (or amendments, as the case may be) for
services provided before the expiration of such period.
(j) Notice Before Public Comment Period.--Before the beginning of
any period a proposed regulation under this section is open to public
comment, the Director shall provide written and oral notice of the
provisions of that proposed regulation to groups that advocate on behalf
of Federal prisoners and to each prisoner subject to such proposed
regulation.
(k) Reports to Congress.--Not later than 1 year after the date of
the enactment of the Federal Prisoner Health Care Copayment Act of 2000,
and annually thereafter, the Director shall transmit to Congress a
report, which shall include--
(1) a description of the amounts collected under this section
during the preceding 12-month period;
(2) an analysis of the effects of the implementation of this
section, if any, on the nature and extent of heath care visits by
prisoners;
(3) an itemization of the cost of implementing and administering
the program;
(4) a description of current inmate health status indicators as
compared to the year prior to enactment; and
(5) a description of the quality of health care services
provided to inmates during the preceding 12-month period, as
compared with the quality of those services provided during the 12-
month period ending on the date of the enactment of such Act.
(l) Comprehensive HIV/AIDS Services Required.--The Bureau of Prisons
shall provide comprehensive coverage for services relating to human
immunodeficiency virus (HIV) and acquired immune deficiency syndrome
(AIDS) to each Federal prisoner in the custody of the Bureau of Prisons
when medically appropriate. The Bureau of Prisons may not assess or
collect a fee under this section for providing such coverage.
(Added Pub. L. 106-294, Sec. 2(a), Oct. 12, 2000, 114 Stat. 1038.)
References in Text
The date of the enactment of the Federal Prisoner Health Care
Copayment Act of 2000, referred to in subsec. (k), is the date of
enactment of Pub. L. 106-294, which was approved Oct. 12, 2000.
Section Referred to in Other Sections
This section is referred to in section 4013 of this title.
