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Sub. H. B. No. 170As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Schuring, Flowers, Schaffer, Willamowski, Seitz, Husted, Ogg, Cirelli, Webster, Barrett, Roman, Reidelbach
A BILL
To amend sections 3924.53 and 5120.56 and to enact
sections 5120.57 and 5120.58 of the Revised Code
relative to health care services provided to
offenders who are in the custody or under the
supervision of the Department of Rehabilitation
and Correction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3924.53 and 5120.56 be amended and
sections 5120.57 and 5120.58 of the Revised Code be enacted to
read as follows:
Sec. 3924.53. (A) As used in this
section: (1) "Beneficiary" and "benefits contract" have the same
meanings as in
section 3901.38 of the Revised
Code. (2) "Confinement" means any period of time during which a
person
is
in the custody or under the supervision of the
department of rehabilitation and correction or is confined in a
local jail, workhouse, or other correctional facility of the
type
described in
section 307.93, 341.14, 341.19, 341.23, 753.02,
753.04, 753.16, 2301.56, or
2947.19 of the Revised
Code. (3) "Law enforcement officer" has the same meaning as in
section 2901.01
of the Revised Code. (B) Except as provided in division
(C) of this section, no
benefits contract
shall limit or exclude coverage for the reason
that the beneficiary is under
confinement or is otherwise under
the custody of a law enforcement officer,
and a governmental
entity is wholly or primarily responsible for
rendering or
arranging for the rendering of health care services for the
beneficiary. (C) A benefits contract may limit or
exclude coverage for
health care services rendered to such a beneficiary if
the
injury
or sickness for which the services were rendered resulted from an
action
or omission for which the governmental entity operating the
correctional
facility, or the governmental entity with which the
law enforcement
officer is affiliated, is liable.
Sec. 5120.56. (A) As used in
this
section
sections 5120.56
to 5120.58 of the Revised Code: (1) "Ancillary services" means services provided to an
offender as
necessary for the particular circumstances of the
offender's personal
supervision, including, but not limited to,
specialized counseling, testing,
or
other services not included in
the calculation of residential or supervision
costs. (2) "Cost debt" means a cost of incarceration or supervision
that may be
assessed against and collected from an offender as a
debt to the state as
described in division (D) of this
section. (3) "Detention facility" means any place used for the
confinement of a
person charged with or convicted of any crime. (4) "Offender" means any inmate, parolee, probationer,
releasee, or other
person
who has been convicted of or pleaded
guilty to any felony or misdemeanor and
is sentenced to any of the
following: (a) A term of imprisonment, a prison term, or another type
of
confinement in a
detention facility; (b) Participation in another correctional program in lieu
of
incarceration. (B) The department of rehabilitation
and correction may
recover from an offender who is in its custody or under its
supervision any cost debt described in division
(D) of this
section. To satisfy a cost debt
described in that division that
relates to an offender, the department may
apply directly assets
that are
in the department's possession and that are being held
for that offender
without
further proceedings in aid of execution,
and, if assets belonging to or
subject to
the direction of that
offender are in the possession of a third party, the
department
may request the attorney general to initiate proceedings to
collect
the assets from the third party to satisfy the cost debt. (C) Except as otherwise provided in
division (E) or
(G) of
this section, all of the following
assets of an offender shall be
subject to attachment, collection, or
application toward the cost
debts described in division
(D) of this section that are to be
recovered under division
(B) of this section: (1) Subject to division (E) of this section, any pay the
offender
receives from the state; (2) Subject to division (E) of this section, any funds the
offender receives from persons on an approved visitor
list; (3) Any liquid assets belonging to the offender and in the
custody of the
department
of rehabilitation and correction; (4) Any assets the offender acquires or any other income the
offender
earns
subsequent to the offender's commitment. (D) Costs of incarceration or
supervision that may be
assessed against and collected from an offender under
division (B)
of this section as a
debt to the state shall include, but are not
limited to, all of the following
costs that accrue while the
offender is in the custody or under the
supervision of the
department
of rehabilitation and correction: (1) Any user fee or copayment for services at a detention
facility or
housing facility, including, but not limited to, a fee
or copayment for sick
call visits; (2) Assessment for damage to or destruction of property in a
detention
facility subsequent to commitment; (3) Restitution to an offender or to a staff member of a
state
correctional institution for theft, loss, or damage to the
personal property
of
the offender or staff member; (4) The cost of housing and feeding the offender in a
detention
facility; (5) The cost of supervision of the offender; (6) The cost of any ancillary services provided to the
offender; (7) The cost of any medical care provided to the offender. (E) The cost of housing and feeding an
offender in a state
correctional institution shall not be collected from a
payment
made to the offender for performing an activity at a state job or
assignment that pays less than the minimum wage or from money the
offender
receives from visitors, unless the combined assets in the
offender's
institution personal account exceed, at any time, one
hundred dollars. If the
combined assets in that account exceed
one hundred dollars, the cost of
housing and feeding the offender
may be collected from the amount in excess of
one hundred
dollars. (F)(1) The department
of rehabilitation
and correction shall
adopt rules pursuant to section 111.15 of the
Revised Code
to
implement the requirements of this section. (2) The rules adopted under division
(F)(1) of this section
shall include, but are
not limited to, rules that establish or
contain all of the following: (a) A process for ascertaining the items of cost to be
assessed
against an offender;
(b) Subject to division (F)(3)
of this section, a process by
which the offender shall have the opportunity to
respond to the
assessment of costs under division (B)
of this section and to
contest any item of cost in the
department's calculation or as it
applies to the offender;
(c) A requirement that the offender be notified, in writing,
of a
final decision to collect or apply the offender's assets
under division
(B) of this section and that the
notification be
provided after the offender has had an opportunity to contest
the
application or collection; (d) Criteria for evaluating an offender's ongoing, permanent
injury and evaluating the ability of that type of offender to
provide for the
offender after incarceration. (3) The rules adopted under division
(F)(1) of this section
may allow the
collection of a cost debt as a flat fee or over time
in installments. If the
cost debt is to be collected over time in
installments, the rules are not
required to permit the offender an
opportunity to contest the assessment of
each installment. The
rules may establish a standard fee to apply to all
offenders who
receive a particular service. (G) The department
of rehabilitation
and correction shall
not collect cost debts or apply offender assets toward a
cost debt
under division (B) of this section if, due
to an ongoing,
permanent injury, the collection or
application would unjustly
limit the offender's ability to provide for the
offender after
incarceration. (H) If an offender acquires assets after
the offender is
convicted of or pleads guilty to an offense and if the
transferor
knows of the offender's status as an offender, the transferor
shall
notify the department
of rehabilitation and correction in
advance of the
transfer. (I) There is hereby created in the
state treasury the
offender financial responsibility fund. All moneys
collected by
or on behalf of the department under this section, and all moneys
currently in the
department's custody that are applied to satisfy
an allowable cost debt under
this section, shall
be deposited into
the fund. The department
of rehabilitation and correction
may
expend moneys in the fund for goods and services of the same type
as those
for which offenders are assessed pursuant to this
section.
Sec. 5120.57. (A) For each offender who is in the custody or
under the supervision of the department of rehabilitation and
correction, the department may make a determination as to whether
the offender is covered under a health insurance or health care
policy, contract, or plan and, if the offender has such coverage,
what terms and conditions are imposed by it for the filing and
payment of claims. (B) If, pursuant to division (A) of this section, it is
determined that the offender is covered under a policy, contract,
or plan and, while that coverage is in force, the department
renders or arranges for the rendering of health care services to
the person in accordance with the terms and conditions of the
policy, contract, or plan, then the department or
provider of the
health care services, as appropriate under the
terms and
conditions of the policy, contract, or plan, may
promptly submit a
claim for payment for the health care services
to the appropriate
third-party payer and may designate, or make
any other arrangement
necessary to ensure, that payment of any
amount due on the claim
be made to the department or the provider,
as the case may be. If
the policy, contract, or plan is a defined
provider plan or a plan
with a closed panel of providers, the
department may arrange for
the defined provider or closed panel
under
the plan to render
health care services to the offender at a site approved by the
department.
The
department shall have the right of subrogation
against the
appropriate third-party payer, defined provider, or
closed panel
for any costs for health care services provided to
the offender.
(C) Any payment made to the department pursuant to division
(B) of this section shall be deposited into the offender financial
responsibility fund created in section 5120.56 of the Revised
Code.
Sec. 5120.58. The department of rehabilitation and
correction
shall adopt rules under section 111.15 of the Revised
Code to do
both of the following: (A) Establish a schedule of health care benefits that are
available to
offenders who are in the custody or under the
supervision of the
department;
(B) Establish a program to encourage the utilization of
preventive health care services by offenders.
Section 2. That existing sections 3924.53 and 5120.56 of the
Revised Code are hereby repealed.
Section 3. (A) The Department of Rehabilitation and
Correction
shall examine the feasibility and desirability of
purchasing
insurance coverage to protect against unpredictable or
catastrophic losses that may be incurred by the state in the
provision of health care services to offenders who are in the
custody or under the supervision of the Department. No later than
six months after the effective date of this act, the Department
shall report its findings and
any recommendations to the Speaker
of the House of
Representatives, the President of the Senate, and
the chairs of
the standing committees of the House of
Representatives and the
Senate that have primary jurisdiction over
issues related to the
Department. (B) The Department of Rehabilitation and Correction shall
develop specifications for a utilization review program under
which the clinical necessity, appropriateness, efficacy, or
efficiency of any outside health care service recommended for an
offender may be evaluated by an external utilization review
organization. The Department shall request proposals for the
provision of services of that nature. The request for proposals
shall adequately describe the specifications developed by the
Department. Within six months after the effective date of this
section, the Department shall report the responses to the request
for proposals to the Speaker of the House of Representatives, the
President of the Senate, and the chairs of the standing committees
of the House of Representatives and the Senate that have primary
jurisdiction over issues related to the Department. The
Department is not required to enter into a contract for the
provision of that nature unless money has been appropriated to the
Department adequate to fund the provision of services of that
nature.
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