ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4221
(By Delegates Cann, Kominar, Coleman,
Michael, Martin, Pino and Border)
[Passed March 11, 1998; in effect ninety days from passage.]
AN ACT to amend article one, chapter twenty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eight, relating to authorizing the commissioner of the
division of corrections to assess inmates in state penal and
correctional facilities reasonable charges for health care
and treatment services provided to them by the state.
Be it enacted by the Legislature of West Virginia:
That article one, chapter twenty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eight, to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-8. Charges assessed against inmates for services provided
by state.
(a) The commissioner is authorized to assess inmates serving
a sentence in any state penal or correctional facility reasonable charges for health care and treatment services provided to them
by the state. The charges assessed against an inmate may be
deducted directly from the inmate's trustee account without the
inmate's consent. The inmate shall be notified of the amount
deducted and the charges to which it has been applied.
(b) As used in this section, a "reasonable charge" may not
exceed the sum of five dollars for any billable service. Inmates
shall be notified of the fee schedule, billable services, and
exempt services. Services initiated by the inmate shall be
assessed a fee, except that no charge may be assessed for: (1) A
specific health care service required under the law of this
state, including, by way of illustration, tuberculin testing; (2)
an emergency service following a traumatic injury other than a
self-induced injury, or necessary to prevent death or severe or
permanent disability; (3) diagnosis and treatment of communicable
diseases, including, by way of illustration, tuberculosis or
hepatitis; (4) treatment of diagnosed severe mental illness; (5)
treatment of specific chronic conditions identified by the
commissioner, including heart disease and diabetes; (6) staff- initiated care, including follow-up and referral visits; (7)
preventive services that the commissioner determines are to be
provided or made available to all inmates, including services
related to disease prevention and promotion of proper health
habits; or (8) such other services as may be exempted by rule of
the commissioner. No inmate may be denied any necessary billable
medical service because of inability to pay the charge.
(c) Each inmate shall be afforded an opportunity at least
quarterly to review all deposits into, withdrawals from and
balance remaining in the inmate's trustee account during the
preceding three months.
(d) The commissioner shall promulgate interpretive rules
implementing this section pursuant to article three, chapter
twenty-nine-a of this code prior to making any assessment under
this section. The rules may establish the fee schedule and list
of billable services and further define services to be exempted.