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S1036aa..............................................by JUDICIARY AND RULES
STATE PRISONERS - Adds to existing law to set forth provisions applicable
to medical costs of state prisoners housed in correctional facilities.
01/20 Senate intro - 1st rdg - to printing
01/21 Rpt prt - to Jud
02/03 Rpt out - to 14th Ord
02/23 Rpt out amen - to engros
02/24 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 32-0-3
AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron,
Coiner, Compton, Corder, Davis, Gannon, Goedde, Hill, Jorgenson,
Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee,
McKenzie, Noble, Pearce, Richardson, Schroeder, Stegner, Stennett,
Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Andreason, Darrington, Geddes
Floor Sponsor - Richardson
Title apvd - to House
03/03 House intro - 1st rdg - to Jud
03/18 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
Rls susp - PASSED - 61-0-9
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Block, Boe, Bolz, Bradford, Cannon, Chadderdon,
Clark, Collins, Crow, Denney, Edmunson(Barker), Ellsworth, Field(18),
Field(23), Garrett, Hart, Henbest, Henderson, Jaquet, Jones, Kemp,
Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ringo, Roberts, Rydalch, Sali, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smylie, Snodgrass,
Stevenson, Trail, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Deal, Eskridge, Harwood, Mitchell, Ring,
Rusche, Smith(24), Wills
Floor Sponsor - LeFavour
Title apvd - to Senate
03/22 To enrol
03/23 Rpt enrol - Pres signed
03/24 Sp signed
03/25 To Governor
03/28 Governor signed
Session Law Chapter 157
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1036
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE STATE BOARD OF CORRECTION; AMENDING CHAPTER 2, TITLE 20, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 20-237B, IDAHO CODE, TO SET FORTH
4 PROVISIONS APPLICABLE TO THE MEDICAL COSTS OF STATE PRISONERS HOUSED IN
5 CORRECTIONAL FACILITIES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 2, Title 20, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 20-237B, Idaho Code, and to read as follows:
10 20-237B. MEDICAL COSTS OF STATE PRISONERS HOUSED IN CORRECTIONAL FACILI-
11 TIES. (1) The state board of correction shall pay to a provider of a medical
12 service for any and all prisoners confined in a correctional facility, as
13 defined in section 18-101A(1), Idaho Code, an amount no greater than the reim-
14 bursement rate applicable based on the Idaho medicaid reimbursement rate. This
15 limitation applies to all medical care services provided outside the facility,
16 including hospitalizations, professional services, durable and nondurable
17 goods, prescription drugs and medications provided to any and all prisoners
18 confined in a correctional facility, as defined in section 18-101A(1), Idaho
19 Code.
20 (2) For the purposes of subsection (1) of this section, the term
21 "provider of a medical service" shall include only companies, professional
22 associations and other health care service entities whose services are billed
23 directly to the department of correction. The term "provider of a medical ser-
24 vice" shall exclude:
25 (a) Privatized correctional medical providers under contract with the
26 department of correction to provide health care to prison inmates;
27 (b) Private prison companies;
28 (c) Out-of-state correctional facilities contracting with the department
29 of correction to house prisoners;
30 (d) County jails; and
31 (e) Companies, professional associations and other health care service
32 entities whose services are provided within the terms of agreements with
33 privatized correctional medical providers under contract with the depart-
34 ment of correction, private prison companies and county jails.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Richardson
Seconded by Jorgenson
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1036
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 19, following "Code." insert: "For
3 required services that are not included in the Idaho medicaid reimbursement
4 schedule, the state board of correction shall pay the reasonable value of such
5 service.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1036, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE STATE BOARD OF CORRECTION; AMENDING CHAPTER 2, TITLE 20, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 20-237B, IDAHO CODE, TO SET FORTH
4 PROVISIONS APPLICABLE TO THE MEDICAL COSTS OF STATE PRISONERS HOUSED IN
5 CORRECTIONAL FACILITIES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Chapter 2, Title 20, Idaho Code, be, and the same is
8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
9 ignated as Section 20-237B, Idaho Code, and to read as follows:
10 20-237B. MEDICAL COSTS OF STATE PRISONERS HOUSED IN CORRECTIONAL FACILI-
11 TIES. (1) The state board of correction shall pay to a provider of a medical
12 service for any and all prisoners confined in a correctional facility, as
13 defined in section 18-101A(1), Idaho Code, an amount no greater than the reim-
14 bursement rate applicable based on the Idaho medicaid reimbursement rate. This
15 limitation applies to all medical care services provided outside the facility,
16 including hospitalizations, professional services, durable and nondurable
17 goods, prescription drugs and medications provided to any and all prisoners
18 confined in a correctional facility, as defined in section 18-101A(1), Idaho
19 Code. For required services that are not included in the Idaho medicaid reim-
20 bursement schedule, the state board of correction shall pay the reasonable
21 value of such service.
22 (2) For the purposes of subsection (1) of this section, the term
23 "provider of a medical service" shall include only companies, professional
24 associations and other health care service entities whose services are billed
25 directly to the department of correction. The term "provider of a medical ser-
26 vice" shall exclude:
27 (a) Privatized correctional medical providers under contract with the
28 department of correction to provide health care to prison inmates;
29 (b) Private prison companies;
30 (c) Out-of-state correctional facilities contracting with the department
31 of correction to house prisoners;
32 (d) County jails; and
33 (e) Companies, professional associations and other health care service
34 entities whose services are provided within the terms of agreements with
35 privatized correctional medical providers under contract with the depart-
36 ment of correction, private prison companies and county jails.
STATEMENT OF PURPOSE
RS 14489
The Department of Correction provides health care to inmates in
accordance with Eighth Amendment standards that apply to health
care for prisoners. Currently, said health care services are
provided via contractual agreements with privatized correctional
health care companies, private prison companies, county jails
and entities who have agreements to provide health care services
to county jails. The contract with the privatized health care
company accounts for approximately eighty percent of the
Department’s costs for inmate health care.
The annual cost of providing health care to inmates via the
contract with the privatized health care company has increased
during the past four years from approximately nine million
dollars to thirteen million dollars. The contract requires the
company to assume all financial risk for providing the required
health care. The current contract expires September 30, 2005,
and the Department will issue a new contract, to begin October
1, 2005. Due to the rapid increase in the cost of health care,
it is anticipated that to obtain a similar total risk contract,
the Department’s costs will be much greater than the current
costs.
To provide maximum cost-efficiency, the Department’s Request for
Proposal includes four options for prospective vendors to bid:
1. Total risk to the vendor. All costs are paid by the vendor.
2. Total risk to the vendor, with the exception of medications
utilized to treat Hepatitis C. These medications cost
approximately $15,000 per treatment, and the Department
currently houses approximately 570 inmates who have been
diagnosed with Hepatitis C. The number of inmates who will
eventually qualify for treatment is unknown.
3. Catastrophic Care cap. This option requires the vendor to
pay up to $50,000 for hospitalization, specialty care and
off-site outpatient care per inmate. All costs above the
cap will be paid by the Department of Correction.
4. Aggregated cap. This option creates a pool of funds to be
used for hospitalizations, emergency services, and off-site
care. Terms of the pool are negotiable, and include
contributions by the vendor and the Department.
It is anticipated that the final contract will include some form
of uncontrollable financial risk to the Department. To
ameliorate the risk, the current legislation is intended to
limit the Department’s exposure to the same level of risk
assumed by the State of Idaho for providing health care to
indigent citizens via Medicaid. Without this legislation, the
Department’s risk will be an unpredictable variable determined
unilaterally by the respective health care providers.
FISCAL IMPACT
This request will not impact state or local government
appropriations or expenditures. There is no impact to the
General Fund.
CONTACT
Name: Richard (David) Haas
Agency: Correction, Dept. of
Phone: 208-658-2130
Statement of Purpose/Fiscal Impact S 1036