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AB-45 Inmates: medical visits.(2019-2020)

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Date Published: 12/03/2018 09:00 PM
AB45:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 45


Introduced by Assembly Members Mark Stone and Jones-Sawyer
(Coauthors: Assembly Members Chiu and Kalra)
(Coauthor: Senator Wiener)

December 03, 2018


An act to amend Section 5008.2 of, and to repeal Section 5007.5 of, the Penal Code, relating to inmates.


LEGISLATIVE COUNSEL'S DIGEST


AB 45, as introduced, Mark Stone. Inmates: medical visits.
Existing law authorizes the Director of Corrections to charge a $5 fee for each inmate-initiated medical visit of an inmate, except under specified circumstances, and requires that the moneys received be expended to reimburse the department for direct provision of inmate health care services.
This bill would repeal this authorization to charge that fee and would make a conforming change.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5007.5 of the Penal Code is repealed.
5007.5.

(a)The Director of Corrections is authorized to charge a fee in the amount of five dollars ($5) for each inmate-initiated medical visit of an inmate confined in the state prison.

(b)The fee shall be charged to the prison account of the inmate. If the inmate has no money in his or her personal account, there shall be no charge for the medical visit.

(c)An inmate shall not be denied medical care because of a lack of funds in his or her prison account.

(d)The medical provider may waive the fee for any inmate-initiated treatment and shall waive the fee in any life-threatening or emergency situation, defined as those health services required for alleviation of severe pain or for immediate diagnosis and treatment of unforeseen medical conditions that if not immediately diagnosed and treated could lead to disability or death.

(e)Followup medical visits at the direction of the medical staff shall not be charged to the inmate.

(f)All moneys received by the Director of Corrections pursuant to this section shall, upon appropriation by the Legislature, be expended to reimburse the Department of Corrections for direct provision of inmate health care services.

SEC. 2.

 Section 5008.2 of the Penal Code is amended to read:

5008.2.
 (a) During the intake medical examination or intake health screening, or while providing general information during intake, the department shall provide all inmates with information on hepatitis C, including, but not limited to, methods of hepatitis C transmission and prevention, and information on opportunities for screening and treatment while incarcerated. This subdivision shall be implemented only to the extent that brochures, other printed information, or other media is provided at no charge to the department by public health agencies or any other organization promoting hepatitis C education.
(b) The department shall also provide hepatitis C screening to all inmates who request it, and offer it to inmates that have a history of intravenous drug use or other risk factors for hepatitis C. This testing shall be confidential. The medical copayment authorized in Section 5007.5 shall not be charged for hepatitis C testing, treatment, or any followup testing.