Pennsylvania SB 740: An Act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, in medical services, repealing provisions relating to the Medical Services Program and providing for copays and fees prohibited; and abrogating regulations.

Bill Text

PRINTER'S NO. 798
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 740
Session of
2025
INTRODUCED BY BARTOLOTTA, KEARNEY, HUGHES, HAYWOOD, COSTA, KANE,
SCHWANK AND SAVAL, MAY 13, 2025
REFERRED TO JUDICIARY, MAY 13, 2025
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in medical services, repealing
provisions relating to the Medical Services Program and
providing for copays and fees prohibited; and abrogating
regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3301, 3302, 3303, 3304, 3305, 3306 and
3307 of Title 61 of the Pennsylvania Consolidated Statutes are
repealed:
[§ 3301. Short title of chapter.
This chapter shall be known and may be cited as the
Correctional Institution Medical Services Act.
§ 3302. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Program." The Medical Services Program established for
inmates under section 3303 (relating to Medical Services
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Program).
§ 3303. Medical Services Program.
(a) Establishment.--The Medical Services Program is
established in the department which shall include, but not be
limited to, the provisions of this chapter. The program shall be
a copay program requiring inmates to pay a fee to cover a
portion of the actual costs of the medical services provided.
(b) Fees.--
(1) The department shall develop by regulation a program
for inmates which includes fees for certain medical services.
The regulations shall provide for consistent medical services
guidelines by specifying the medical services which are
subject to fees, the fee amounts, payment procedures, medical
services which are not subject to fees and fees applicable to
medical emergencies, chronic care and preexisting conditions.
(2) In addition to other medical services provided to
the inmate, an inmate may be required to pay a fee for
medical services provided because of injuries the inmate
inflicted upon himself or another inmate.
(c) Explanation of program.--Each inmate shall be advised of
the medical services fees and payment procedures at the time of
intake. An explanation of the program regulations shall be
included in the inmate handbook.
(d) Written notice of changes.--Each inmate shall receive
written notice of any changes in medical services fees and
payment procedures and an initial written notice of the
program's implementation.
(e) Payment for medical services.--
(1) No inmate shall be denied access to medical services
because of an inability to pay the required fees.
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(2) The department shall devise and implement a program
whereby inmates of State correctional institutions who have
medical insurance shall pay for their own medical needs
through that insurance. This program shall be contained in
regulations promulgated by the department.
(f) Fee debits.--An inmate shall acknowledge in writing any
debit made to his inmate account for a medical services fee.
(g) Deposits.--Medical services fees collected under this
chapter shall be deposited in the General Fund.
§ 3304. Powers and duties of department.
The department shall implement the program by:
(1) Issuing regulations as required under section 3303
(relating to Medical Services Program).
(2) Providing department staff and medical services
providers with training relating to the program.
(3) Developing administrative forms for the
implementation of the program.
(4) Providing for administrative and accounting
procedures for the program and an annual audit of the
program.
(5) Providing written notice to all current inmates
regarding implementation of the program.
§ 3305. Costs outstanding upon release.
(a) Right to seek recovery of costs.--The department may
seek to recover any amount owed for medical services fees by an
inmate upon release from prison through a civil action brought
within one year of the inmate's release. The department shall
have the burden to prove the amount owed.
(b) Defense.--An inmate's inability to pay as determined by
the court shall be a defense to the payment of part or all of
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the fees.
§ 3306. Report to General Assembly.
The department shall submit to the chairmen and minority
chairmen of the Appropriations Committee and the Judiciary
Committee of the Senate and the chairmen and minority chairmen
of the Appropriations Committee and the Judiciary Committee of
the House of Representatives an annual report on the program.
The report shall provide information on the fees charged and the
fees collected under the program and shall include a summary of
the annual audit of the program as required under section 3304
(relating to powers and dut