A Bill for an Act
Page 1, Line 101Concerning procedures related to the provision of
Page 1, Line 102health-care services to inmates, and, in connection
Page 1, Line 103therewith, prohibiting certain copayments and fees and
Page 1, Line 104making and reducing an appropriation.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
Current law requires the department of corrections (department) to assess a copayment for inmate-initiated visits to providers of medical, dental, mental health, and optometric care services. Current law permits a waiver or reduction of the copayment under a range of circumstances. The department's current administrative regulations assess fees when an inmate fails to attend or refuses a scheduled health-care appointment. The bill eliminates the copayment and prohibits the department from assessing a fee when an inmate fails to attend or refuses a health-care appointment.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly
Page 2, Line 3finds and declares that:
Page 2, Line 4(a) The U.S. supreme court in Estelle v. Gamble, 429 U.S. 97
Page 2, Line 5(1976), established that people who are incarcerated have a constitutional
Page 2, Line 6right to health care, and prison health care supports community reentry
Page 2, Line 7and well-being;
Page 2, Line 8(b) Colorado law authorizes the Colorado department of
Page 2, Line 9corrections to charge people who are incarcerated copayments and
Page 2, Line 10additional charges for emergency, medical, mental health, dental, and
Page 2, Line 11optometric visits, as well as charges for requesting, using, refusing, or
Page 2, Line 12failing to use medical services;
Page 2, Line 13(c) Pursuant to section 17-1-113 (1)(a), Colorado Revised
Page 2, Line 14Statutes, the general assembly has previously found "that the procedures
Page 2, Line 15for charging inmates a copayment for medical services are confusing to
Page 2, Line 16department personnel and, as a result, are inconsistently applied";
Page 2, Line 17(d) Copayments and other medical charges in prison create
Page 2, Line 18financial barriers that restrict access to critical health-care treatment.
Page 2, Line 19Research published in JAMA Internal Medicine in 2024 demonstrates
Page 2, Line 20that the burden of paying health-care charges in prison prevents people
Page 2, Line 21who are incarcerated from seeking essential services, including medical
Page 2, Line 22and mental health treatment.
Page 2, Line 23(e) Copayments and other medical charges in prison jeopardize
Page 3, Line 1the health of Coloradans. According to a 2024 article in the centers for
Page 3, Line 2disease control and prevention journal Emerging Infectious Diseases,
Page 3, Line 3reductions in prison health-care use can increase the spread of illness and
Page 3, Line 4disease, negatively affecting people who are incarcerated, prison staff and
Page 3, Line 5visitors, and the broader public.
Page 3, Line 6(f) Public health, mental health, law, and corrections experts
Page 3, Line 7oppose health-care charges in prison, including copayments and any other
Page 3, Line 8policies or practices that restrict people's access to health care; and
Page 3, Line 9(g) To fulfill the department of corrections' mission to build a
Page 3, Line 10safer Colorado, and to support the health of all Coloradans, copayments
Page 3, Line 11and additional charges for requesting, using, refusing, or failing to use
Page 3, Line 12medical services in prison must be repealed.
Page 3, Line 13SECTION 2. In Colorado Revised Statutes, add 17-1-112.7 as
Page 3, Line 14follows:
Page 3, Line 1517-1-112.7. Medical visits - copayment and fees prohibited -
Page 3, Line 16report.(1) The department shall not assess a copayment against
Page 3, Line 17an inmate account for medical, dental, mental health, or
Page 3, Line 18optometric services, including specialty or emergency care
Page 3, Line 19services, provided to the inmate.
Page 3, Line 20(2) The department shall not assess a fee against an
Page 3, Line 21inmate account if an inmate:
Page 3, Line 22(a) Fails to attend a scheduled appointment for medical,
Page 3, Line 23dental, mental health, or optometric care services, including
Page 3, Line 24specialty care services;
Page 3, Line 25(b) Fails to provide timely notice when the inmate is
Page 3, Line 26unable to attend a scheduled appointment for medical, dental,
Page 3, Line 27mental health, or optometric care services, including specialty
Page 4, Line 1care services; and
Page 4, Line 2(c) Otherwise refuses an appointment for medical, dental,
Page 4, Line 3mental health, or optometric care services, including specialty
Page 4, Line 4or emergency care services.
Page 4, Line 5(3) In January 2026, the department shall include, as part
Page 4, Line 6of its presentation during its"SMART Act" hearing required by
Page 4, Line 7section 2-7-203, information concerning the number of times in
Page 4, Line 8the previous year that:
Page 4, Line 9(a) An inmate failed to attend a scheduled appointment
Page 4, Line 10for medical, dental, mental health, or optometric care services,
Page 4, Line 11including specialty care services; and
Page 4, Line 12(b) An inmate initiated a request for medical, dental,
Page 4, Line 13mental health, or optometric care services, including specialty
Page 4, Line 14care services, and, following a visit with a provider, the
Page 4, Line 15provider determined that the request was not relevant to any
Page 4, Line 16medical, dental, mental health, or optometric condition.
Page 4, Line 18SECTION 3. In Colorado Revised Statutes, repeal 17-1-113.
Page 4, Line 19SECTION 4. Appropriation - adjustments to 2025 long bill.
Page 4, Line 20(1) To implement this act, appropriations made in the annual general
Page 4, Line 21appropriation act for the 2025-26 state fiscal year to the department of
Page 4, Line 22corrections for use by the medical services subprogram are adjusted as
Page 4, Line 23follows:
Page 4, Line 24(a) The cash funds appropriation from inmate medical fees
Page 4, Line 25collected pursuant to section 17-1-113 (2), C.R.S., for personal services
Page 4, Line 26is decreased by $322,089, and the related FTE is decreased by 3.0 FTE;
Page 4, Line 27and
Page 5, Line 1(b) The cash funds appropriation from inmate medical fees
Page 5, Line 2collected pursuant to section 17-1-113 (2), C.R.S., for indirect cost
Page 5, Line 3assessment is decreased by $772.
Page 5, Line 4(2) For the 2025-26 state fiscal year, $157,179 is appropriated to
Page 5, Line 5the department of corrections for use by the medical services subprogram.
Page 5, Line 6This appropriation is from the general fund and is based on an assumption
Page 5, Line 7that the department will require an additional 1.5 FTE. To implement this
Page 5, Line 8act, the subprogram may use this appropriation for personal services.
Page 5, Line 9SECTION 5.Safety clause. The general assembly finds,
Page 5, Line 10determines, and declares that this act is necessary for the immediate
Page 5, Line 11preservation of the public peace, health, or safety or for appropriations for
Page 5, Line 12the support and maintenance of the departments of the state and state
Page 5, Line 13institutions.