2008 Legislation
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SENATE BILL NO. 1320<br /> – Prisoners, medical services

SENATE BILL NO. 1320

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Bill Status



S1320................................................by JUDICIARY AND RULES
PRISONERS - Amends existing law to provide that the Board of Correction
shall pay for medical services for prisoners committed to the custody of
the Department of Correction.

01/21    Senate intro - 1st rdg - to printing
01/22    Rpt prt - to Jud
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
      Richardson, Schroeder, Stegner, Stennett(Thorson), Werk
      NAYS -- None
      Absent and excused -- Siddoway
    Floor Sponsor - Jorgenson
    Title apvd - to House
02/05    House intro - 1st rdg - to Jud
02/22    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
02/27    3rd rdg - PASSED - 64-0-6
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
      Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
      Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
      Roberts, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
      Shirley, Shively, Smith(24), Smith(30)(Stanek), Stevenson, Thayn,
      Thomas, Trail, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Patrick, Ringo, Ruchti, Snodgrass,
      Vander Woude
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
02/28    To enrol
02/29    Rpt enrol - Pres signed
03/03    Sp signed
03/04    To Governor
03/05    Governor signed
         Session Law Chapter 61
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1320

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO MEDICAL COSTS OF STATE PRISONERS HOUSED  IN  CORRECTIONAL  FACILI-
  3        TIES;  AMENDING  SECTION 20-237B, IDAHO CODE, TO PROVIDE THAT THE BOARD OF
  4        CORRECTION SHALL PAY FOR MEDICAL SERVICES FOR PRISONERS COMMITTED  TO  THE
  5        CUSTODY OF THE DEPARTMENT OF CORRECTION.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Section 20-237B, Idaho Code, be, and the same is hereby
  8    amended to read as follows:

  9        20-237B.  MEDICAL COSTS OF STATE PRISONERS HOUSED IN CORRECTIONAL  FACILI-
 10    TIES.  (1)  The state board of correction shall pay to a provider of a medical
 11    service for any and all prisoners, committed to the custody of the  department
 12    of  correction,  confined  in  a  correctional facility, as defined in section
 13    18-101A(1), Idaho Code, an amount  no  greater  than  the  reimbursement  rate
 14    applicable  based  on  the  Idaho medicaid reimbursement rate. This limitation
 15    applies to all medical care services provided outside the facility,  including
 16    hospitalizations,    professional services, durable and nondurable goods, pre-
 17    scription drugs and medications provided to any and all prisoners confined  in
 18    a  correctional  facility,  as  defined in section 18-101A(1), Idaho Code. For
 19    required services that are not included in the  Idaho  medicaid  reimbursement
 20    schedule, the state board of correction shall pay the reasonable value of such
 21    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 / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17586

The purpose of this proposed amendment is to clarify the scope of
Section 20-237B, Idaho Code in light of amendments proposed to
Section 18-101A, Idaho Code.  Section 20-237B currently requires
the Idaho Department of Correction to pay for medical care for "all
prisoners" housed in "correctional facilities" as defined in
Section 18-101A.  The current definition of a "correction facility"
in the latter statute is:

       a  facility for the confinement of prisoners. The
       term shall be construed to include references to
       terms including, but not limited to, "prison,"
       "state prison," "state penitentiary," "governmental
       detention facility," "penal institution
       (facility)," "correctional institution," "detention
       institution (facility)," "county jail," "jail,"
       "private prison (facility)" or "private
       correctional facility." 

A proposal has been submitted in this session to amend Section
18-101A to include facilities in which juvenile offenders are
being housed, and to include facilities housing persons committed
to the Idaho Security Medical Program.  The proposed amendment to
Section 20-237B clarifies that the Idaho Department of
Correction's financial responsibility for prisoner health care
extends only to prisoners committed to the Department's custody.


                          FISCAL NOTE

There should be no fiscal impact to this proposed amendment.



Contacts:
Name: Brent Reinke, Department of Corrections 
Phone: 658-2140
Larry Callicutt
Paul Panther


STATEMENT OF PURPOSE/FISCAL NOTE                       S 1320