§ 4048. Fees for health care services for prisoners
(a)
Definitions.—
In this section—
(b)
Fees for Health Care Services.—
(c)
Persons Subject to Fee.—
Each fee assessed under this section shall be collected by the Director from the account of—
(d)
Amount of Fee.—
Any fee assessed and collected under this section shall be in an amount of not less than $1.
(e)
No Consent Required.—
Notwithstanding any other provision of law, the consent of a prisoner shall not be required for the collection of a fee from the account of the prisoner under this section. However, each such prisoner shall be given a reasonable opportunity to dispute the amount of the fee or whether the prisoner qualifies under an exclusion under this section.
(f)
No Refusal of Treatment For Financial Reasons.—
Nothing in this section may be construed to permit any refusal of treatment to a prisoner on the basis that—
(g)
Use of Amounts.—
(1)
Restitution of specific victims.—
Amounts collected by the Director under this section from a prisoner subject to an order of restitution issued pursuant to section
3663 or
3663A shall be paid to victims in accordance with the order of restitution.
(2)
Allocation of other amounts.—
Of amounts collected by the Director under this section from prisoners not subject to an order of restitution issued pursuant to section
3663 or
3663A—
(h)
Notice to Prisoners of Law.—
Each person who is or becomes a prisoner shall be provided with written and oral notices of the provisions of this section and the applicability of this section to the prisoner. Notwithstanding any other provision of this section, a fee under this section may not be assessed against, or collected from, such person—
(i)
Notice to Prisoners of Regulations.—
The regulations promulgated by the Director under subsection (b)(1), and any amendments to those regulations, shall not take effect until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with written and oral notices of the provisions of those regulations (or amendments, as the case may be). A fee under this section may not be assessed against, or collected from, a prisoner pursuant to such regulations (or amendments, as the case may be) for services provided before the expiration of such period.
(j)
Notice Before Public Comment Period.—
Before the beginning of any period a proposed regulation under this section is open to public comment, the Director shall provide written and oral notice of the provisions of that proposed regulation to groups that advocate on behalf of Federal prisoners and to each prisoner subject to such proposed regulation.
(k)
Reports to Congress.—
Not later than 1 year after the date of the enactment of the Federal Prisoner Health Care Copayment Act of 2000, and annually thereafter, the Director shall transmit to Congress a report, which shall include—
(2)
an analysis of the effects of the implementation of this section, if any, on the nature and extent of heath care visits by prisoners;
(l)
Comprehensive HIV/AIDS Services Required.—
The Bureau of Prisons shall provide comprehensive coverage for services relating to human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) to each Federal prisoner in the custody of the Bureau of Prisons when medically appropriate. The Bureau of Prisons may not assess or collect a fee under this section for providing such coverage.