Text: HF02142 Text: HF02144 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 356.30A PRISONER TO PAY MEDICAL
1 2 COSTS.
1 3 Every prisoner of a county jail is liable for the cost of
1 4 the prisoner's medical care furnished pursuant to section
1 5 356.5. The costs of such medical care shall be paid by the
1 6 prisoner through any health benefits or insurance contract
1 7 under which the prisoner is eligible to receive medical care
1 8 benefits. If the prisoner is not eligible for such medical
1 9 care benefits, the sheriff shall charge the prisoner's account
1 10 for the medical care provided pursuant to section 356.31. If
1 11 any portion of the costs of such medical care remain unpaid,
1 12 the county shall have a cause of action against the prisoner
1 13 to recover the costs.
1 14 Sec. 2. Section 356.31, subsection 2, Code 1995, is
1 15 amended to read as follows:
1 16 2. Necessary travel expense to and from work including
1 17 reimbursement for travel furnished by the county, medical care
1 18 costs paid for by the county, and other incidental expenses of
1 19 the prisoner.
1 20 Sec. 3. Section 610A.4, Code Supplement 1995, is amended
1 21 to read as follows:
1 22 610A.4 COST SETOFF.
1 23 The state or a municipality shall have the right to set off
1 24 the cost of incarceration of an inmate or prisoner at any
1 25 time, including the cost of providing the inmate or prisoner
1 26 medical care, following notice and hearing, against any claim
1 27 made by or monetary obligation owed to an inmate or prisoner
1 28 for whom the cost of incarceration can be calculated.
1 29 Sec. 4. NEW SECTION. 904.517 INMATE TO PAY MEDICAL
1 30 COSTS.
1 31 Every inmate is liable for the cost of the inmate's medical
1 32 care furnished the inmate. The costs of such medical care
1 33 shall be paid by the inmate through any health benefits or
1 34 insurance contract under which the inmate is eligible to
1 35 receive medical care benefits. If the inmate is not eligible
2 1 for such medical care benefits, an amount equal to the cost of
2 2 the medical care may be set off as provided in section 610A.4
2 3 or deducted from inmate accounts as provided in section
2 4 904.702. If any portion of the costs of such medical care
2 5 remain unpaid, the state shall have a cause of action against
2 6 the inmate to recover the costs.
2 7 Sec. 5. Section 904.702, unnumbered paragraph 1, Code
2 8 Supplement 1995, is amended to read as follows:
2 9 If allowances are paid pursuant to section 904.701, the
2 10 director shall establish an inmate account, for deposit of
2 11 those allowances and for deposit of moneys sent to the inmate
2 12 from a source other than the department of corrections. The
2 13 director may deduct an amount, not to exceed ten percent of
2 14 the amount of the allowance, unless the inmate requests a
2 15 larger amount, to be deposited into the inmate savings fund as
2 16 required under section 904.508, subsection 2. The director
2 17 shall deduct from the inmate account an amount established by
2 18 the inmate's restitution plan of payment. The director shall
2 19 also deduct from any remaining account balance an amount
2 20 sufficient to pay all or part of any judgment against the
2 21 inmate, including but not limited to judgments for taxes and
2 22 child support, an amount sufficient to pay all or any part of
2 23 medical care provided the inmate, and court costs and fees
2 24 assessed either as a result of the inmate's confinement or
2 25 amounts required to be paid under section 610A.1. Written
2 26 notice of the amount of the deduction shall be given to the
2 27 inmate, who shall have five days after receipt of the notice
2 28 to submit in writing any and all objections to the deduction
2 29 to the director, who shall consider the objections prior to
2 30 transmitting the deducted amount to the clerk of the district
2 31 court or the department, whichever is applicable. The
2 32 director need give only one notice for each action or appeal
2 33 under section 610A.1 for which periodic deductions are to be
2 34 made. The director shall next deduct from any remaining
2 35 account balance an amount sufficient to pay all or part of any
3 1 costs assessed against the inmate for misconduct or damage to
3 2 the property of others. The director may deduct and disburse
3 3 an amount sufficient for industries' programs to qualify under
3 4 the eligibility requirements established in the Justice
3 5 Assistance Act of 1984, Pub. L. No. 98-473, including an
3 6 amount to pay all or part of the cost of the inmate's
3 7 incarceration. The director may pay all or any part of
3 8 remaining allowances paid pursuant to section 904.701 directly
3 9 to a dependent of the inmate, or may deposit the allowance to
3 10 the account of the inmate, or may deposit a portion and allow
3 11 the inmate a portion for the inmate's personal use.
3 12 EXPLANATION
3 13 This bill provides for the recovery of the cost of medical
3 14 care provided inmates and prisoners. The bill provides that
3 15 prisoners in county jails and inmates subject to the control
3 16 of the department of corrections are liable for the cost of
3 17 their medical care while incarcerated. The bill provides that
3 18 an inmate's or prisoner's health benefits or insurance
3 19 coverage would be liable for payment.
3 20 If no coverage exists for a prisoner, the bill provides
3 21 that a county can attempt to recover its costs through an
3 22 application of wages pursuant to section 356.31, a setoff as
3 23 provided in section 610A.4, or through a cause of action
3 24 against the prisoner.
3 25 If no coverage exists in regard to an inmate, the bill
3 26 provides that the department of corrections can attempt to
3 27 recover its costs through a setoff provided in section 610A.4,
3 28 through a deduction from inmate accounts pursuant to section
3 29 904.702, or through a cause of action against the inmate.
3 30 LSB 3513YH 76
3 31 ec/sc/14
Text: HF02142 Text: HF02144 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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