REPRESENTATIVES Schuring, Flowers, Schaffer, Willamowski, Seitz, Husted, Ogg, Cirelli, Webster, Barrett, Roman, Reidelbach

To amend sections 3924.53 and 5120.56 and to enact

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sections 5120.57 and 5120.58 of the Revised Code

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relative to health care services provided to

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offenders who are in the custody or under the

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supervision of the Department of Rehabilitation and

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Correction.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3924.53 and 5120.56 be amended and	7
sections 5120.57 and 5120.58 of the Revised Code be enacted to	8
read as follows:	9

Sec. 3924.53.  (A) As used in this section:

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(1) "Beneficiary" and "benefits contract" have the same	11
meanings as in section 3901.38 of the Revised Code.	12

(2) "Confinement" means any period of time during which a	13
person is in the custody or under the supervision of the	14
department of rehabilitation and correction or is confined in a	15
local jail, workhouse, or other correctional facility of the type	16
described in section 307.93, 341.14, 341.19, 341.23, 753.02,	17
753.04, 753.16, 2301.56, or 2947.19 of the Revised Code.	18

(3) "Law enforcement officer" has the same meaning as in	19
section 2901.01 of the Revised Code.	20

(B) Except as provided in division (C) of this section, no	21
benefits contract shall limit or exclude coverage for the reason	22
that the beneficiary is under confinement or is otherwise under	23
the custody of a law enforcement officer, and a governmental	24
entity is wholly or primarily responsible for rendering or	25
arranging for the rendering of health care services for the	26
beneficiary.	27

(C) A benefits contract may limit or exclude coverage for	28
health care services rendered to such a beneficiary if the injury	29
or sickness for which the services were rendered resulted from an	30
action or omission for which the governmental entity operating the	31
correctional facility, or the governmental entity with which the	32
law enforcement officer is affiliated, is liable.	33

Sec. 5120.56.  (A) As used in this sectionsections 5120.56	34
to 5120.58 of the Revised Code:	35

(1) "Ancillary services" means services provided to an	36
offender as necessary for the particular circumstances of the	37
offender's personal supervision, including, but not limited to,	38
specialized counseling, testing, or other services not included in	39
the calculation of residential or supervision costs.	40

(2) "Cost debt" means a cost of incarceration or supervision	41
that may be assessed against and collected from an offender as a	42
debt to the state as described in division (D) of this section.	43

(3) "Detention facility" means any place used for the	44
confinement of a person charged with or convicted of any crime.	45

(4) "Offender" means any inmate, parolee, probationer,	46
releasee, or other person who has been convicted of or pleaded	47
guilty to any felony or misdemeanor and is sentenced to any of the	48
following:	49

(a) A term of imprisonment, a prison term, or another type	50
of confinement in a detention facility;	51

(b) Participation in another correctional program in lieu of	52
incarceration.	53

(B) The department of rehabilitation and correction may	54
recover from an offender who is in its custody or under its	55
supervision any cost debt described in division (D) of this	56
section. To satisfy a cost debt described in that division that	57
relates to an offender, the department may apply directly assets	58
that are in the department's possession and that are being held	59
for that offender without further proceedings in aid of execution,	60
and, if assets belonging to or subject to the direction of that	61
offender are in the possession of a third party, the department	62
may request the attorney general to initiate proceedings to	63
collect the assets from the third party to satisfy the cost debt.	64

(C) Except as otherwise provided in division (E) or (G) of	65
this section, all of the following assets of an offender shall be	66
subject to attachment, collection, or application toward the cost	67
debts described in division (D) of this section that are to be	68
recovered under division (B) of this section:	69

(1) Subject to division (E) of this section, any pay the	70
offender receives from the state;	71

(2) Subject to division (E) of this section, any funds the	72
offender receives from persons on an approved visitor list;	73

(3) Any liquid assets belonging to the offender and in the	74
custody of the department of rehabilitation and correction;	75

(4) Any assets the offender acquires or any other income the	76
offender earns subsequent to the offender's commitment.	77

(D) Costs of incarceration or supervision that may be	78
assessed against and collected from an offender under division (B)	79
of this section as a debt to the state shall include, but are not	80
limited to, all of the following costs that accrue while the	81
offender is in the custody or under the supervision of the	82
department of rehabilitation and correction:	83

(1) Any user fee or copayment for services at a detention	84
facility or housing facility, including, but not limited to, a fee	85
or copayment for sick call visits;	86

(2) Assessment for damage to or destruction of property in a	87
detention facility subsequent to commitment;	88

(3) Restitution to an offender or to a staff member of a	89
state correctional institution for theft, loss, or damage to the	90
personal property of the offender or staff member;	91

(4) The cost of housing and feeding the offender in a	92
detention facility;	93

(5) The cost of supervision of the offender;

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(6) The cost of any ancillary services provided to the	95
offender;	96

(7) The cost of any medical care provided to the offender.

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(E) The cost of housing and feeding an offender in a state	98
correctional institution shall not be collected from a payment	99
made to the offender for performing an activity at a state job or	100
assignment that pays less than the minimum wage or from money the	101
offender receives from visitors, unless the combined assets in the	102
offender's institution personal account exceed, at any time, one	103
hundred dollars. If the combined assets in that account exceed	104
one hundred dollars, the cost of housing and feeding the offender	105
may be collected from the amount in excess of one hundred dollars.	106

(F)(1) The department of rehabilitation and correction shall	107
adopt rules pursuant to section 111.15 of the Revised Code to	108
implement the requirements of this section.	109

(2) The rules adopted under division (F)(1) of this section	110
shall include, but are not limited to, rules that establish or	111
contain all of the following:	112

(a) A process for ascertaining the items of cost to be	113
assessed against an offender;	114

(b) Subject to division (F)(3) of this section, a process by	115
which the offender shall have the opportunity to respond to the	116
assessment of costs under division (B) of this section and to	117
contest any item of cost in the department's calculation or as it	118
applies to the offender;	119

(c) A requirement that the offender be notified, in writing,	120
of a final decision to collect or apply the offender's assets	121
under division (B) of this section and that the notification be	122
provided after the offender has had an opportunity to contest the	123
application or collection;	124

(d) Criteria for evaluating an offender's ongoing, permanent	125
injury and evaluating the ability of that type of offender to	126
provide for the offender after incarceration.	127

(3) The rules adopted under division (F)(1) of this section	128
may allow the collection of a cost debt as a flat fee or over time	129
in installments. If the cost debt is to be collected over time in	130
installments, the rules are not required to permit the offender an	131
opportunity to contest the assessment of each installment. The	132
rules may establish a standard fee to apply to all offenders who	133
receive a particular service.	134

(G) The department of rehabilitation and correction shall	135
not collect cost debts or apply offender assets toward a cost debt	136
under division (B) of this section if, due to an ongoing,	137
permanent injury, the collection or application would unjustly	138
limit the offender's ability to provide for the offender after	139
incarceration.	140

(H) If an offender acquires assets after the offender is	141
convicted of or pleads guilty to an offense and if the transferor	142
knows of the offender's status as an offender, the transferor	143
shall notify the department of rehabilitation and correction in	144
advance of the transfer.	145

(I) There is hereby created in the state treasury the	146
offender financial responsibility fund. All moneys collected by	147
or on behalf of the department under this section, and all moneys	148
currently in the department's custody that are applied to satisfy	149
an allowable cost debt under this section, shall be deposited into	150
the fund. The department of rehabilitation and correction may	151
expend moneys in the fund for goods and services of the same type	152
as those for which offenders are assessed pursuant to this	153
section.	154

Sec. 5120.57. (A) For each offender who is in the custody or	155
under the supervision of the department of rehabilitation and	156
correction, the department may make a determination as to whether	157
the offender is covered under a health insurance or health care	158
policy, contract, or plan and, if the offender has such coverage,	159
what terms and conditions are imposed by it for the filing and	160
payment of claims.	161

(B) If, pursuant to division (A) of this section, it is	162
determined that the offender is covered under a policy, contract,	163
or plan and, while that coverage is in force, the department	164
renders or arranges for the rendering of health care services to	165
the person in accordance with the terms and conditions of the	166
policy, contract, or plan, then the department or provider of the	167
health care services, as appropriate under the terms and	168
conditions of the policy, contract, or plan, may promptly submit a	169
claim for payment for the health care services to the appropriate	170
third-party payer and may designate, or make any other arrangement	171
necessary to ensure, that payment of any amount due on the claim	172
be made to the department or the provider, as the case may be. If	173
the policy, contract, or plan is a defined provider plan or a plan	174
with a closed panel of providers, the department may arrange for	175
the defined provider or closed panel under the plan to render	176
health care services to the offender at a site approved by the	177
department. The department shall have the right of subrogation	178
against the appropriate third-party payer, defined provider, or	179
closed panel for any costs for health care services provided to	180
the offender.	181

(C) Any payment made to the department pursuant to division	182
(B) of this section shall be deposited into the offender financial	183
responsibility fund created in section 5120.56 of the Revised	184
Code.	185

Sec. 5120.58. The department of rehabilitation and correction	186
shall adopt rules under section 111.15 of the Revised Code to do	187
both of the following:	188

(A) Establish a schedule of health care benefits that are	189
available to offenders who are in the custody or under the	190
supervision of the department;	191

(B) Establish a program to encourage the utilization of	192
preventive health care services by offenders.	193

Section 2. That existing sections 3924.53 and 5120.56 of the	194
Revised Code are hereby repealed.	195

Section 3. (A) The Department of Rehabilitation and	196
Correction shall examine the feasibility and desirability of	197
purchasing insurance coverage to protect against unpredictable or	198
catastrophic losses that may be incurred by the state in the	199
provision of health care services to offenders who are in the	200
custody or under the supervision of the Department. No later than	201
six months after the effective date of this act, the Department	202
shall report its findings and any recommendations to the Speaker	203
of the House of Representatives, the President of the Senate, and	204
the chairs of the standing committees of the House of	205
Representatives and the Senate that have primary jurisdiction over	206
issues related to the Department.	207

(B) The Department of Rehabilitation and Correction shall	208
develop specifications for a utilization review program under	209
which the clinical necessity, appropriateness, efficacy, or	210
efficiency of any outside health care service recommended for an	211
offender may be evaluated by an external utilization review	212
organization. The Department shall request proposals for the	213
provision of services of that nature. The request for proposals	214
shall adequately describe the specifications developed by the	215
Department. Within six months after the effective date of this	216
section, the Department shall report the responses to the request	217
for proposals to the Speaker of the House of Representatives, the	218
President of the Senate, and the chairs of the standing committees	219
of the House of Representatives and the Senate that have primary	220
jurisdiction over issues related to the Department. The	221
Department is not required to enter into a contract for the	222
provision of that nature unless money has been appropriated to the	223
Department adequate to fund the provision of services of that	224
nature.	225