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.
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 2, Line 24the health of Coloradans. According to a 2024 article in the centers for
Page 3, Line 1disease control and prevention journal Emerging Infectious Diseases,
Page 3, Line 2reductions in prison health-care use can increase the spread of illness and
Page 3, Line 3disease, negatively affecting people who are incarcerated, prison staff and
Page 3, Line 4visitors, and the broader public.
Page 3, Line 5(f) Public health, mental health, law, and corrections experts
Page 3, Line 6oppose health-care charges in prison, including copayments and any other
Page 3, Line 7policies or practices that restrict people's access to health care; and
Page 3, Line 8(g) To fulfill the department of corrections' mission to build a
Page 3, Line 9safer Colorado, and to support the health of all Coloradans, copayments
Page 3, Line 10and additional charges for requesting, using, refusing, or failing to use
Page 3, Line 11medical services in prison must be repealed.
Page 3, Line 12SECTION 2. In Colorado Revised Statutes, add 17-1-112.7 as
Page 3, Line 13follows:
Page 3, Line 1417-1-112.7. Medical visits - copayment and fees prohibited -
Page 3, Line 15repeal.(1) The department shall not assess a copayment against
Page 3, Line 16an inmate account for medical, dental, mental health, or
Page 3, Line 17optometric services, including specialty or emergency care
Page 3, Line 18services, provided to the inmate.
Page 3, Line 19(2) The department shall not assess a fee against an
Page 3, Line 20inmate account if an inmate:
Page 3, Line 21(a) Fails to attend a scheduled appointment for medical,
Page 3, Line 22dental, mental health, or optometric care services, including
Page 3, Line 23specialty care services;
Page 3, Line 24(b) Fails to provide timely notice when the inmate is
Page 3, Line 25unable to attend a scheduled appointment for medical, dental,
Page 3, Line 26mental health, or optometric care services, including specialty
Page 3, Line 27care services; and
Page 4, Line 1(c) Otherwise refuses an appointment for medical, dental,
Page 4, Line 2mental health, or optometric care services, including specialty
Page 4, Line 3or emergency care services.
Page 4, Line 4(3) This section is repealed, effective July 1, 2028.
Page 4, Line 5SECTION 3. In Colorado Revised Statutes, repeal 17-1-113.
Page 4, Line 6SECTION 4.Safety clause. The general assembly finds,
Page 4, Line 7determines, and declares that this act is necessary for the immediate
Page 4, Line 8preservation of the public peace, health, or safety or for appropriations for
Page 4, Line 9the support and maintenance of the departments of the state and state
Page 4, Line 10institutions.