HOUSE BILL NO. 1273 Offered January 9, 2008 Prefiled January 9, 2008 A BILL to amend the Code of Virginia by adding a section numbered 53.1-133.01:2, relating to health care costs for prisoners. ---------- Patrons-- Spruill and Ware, O. ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 53.1-133.01:2 as follows:

§ 53.1-133.01:2.  Health care costs for prisoners.

A.  Except as otherwise provided in this section, payment by local correctional facilities for costs incurred for the provision of health care items, treatment, and services for prisoners in the custody of such facilities shall be limited to the lesser of the actual amount billed by the health care provider or the Medicaid rate.  The provisions of this section shall not apply if the prisoner is covered under a current individual or group accident and sickness policy, health services plan or health maintenance organization contract.

B. Nothing in this section shall prevent a locality from entering into agreements with health care providers for the provision of health services at terms, conditions and amounts which are different than the Medicaid rate.

C. Upon notification to a health care provider that a prisoner under his care is being released from custody, the facility shall no longer be responsible for the cost of such person's medical treatment.