Page:United States Statutes at Large Volume 114 Part 2.djvu/157

 PUBLIC LAW 106-294—OCT. 12, 2000 114 STAT. 1039 for health care services provided in connection with each health care visit requested by a prisoner. "(2) EXCLUSION.— The Director may not assess or collect a fee under this section for preventative health care services, emergency services, prenatal care, diagnosis or treatment of chronic infectious diseases, mental health care, or substance abuse treatment, as determined by the Director. "(c) PERSONS SUBJECT TO FEE.—Each fee assessed under this section shall be collected by the Director from the account of— "(1) the prisoner receiving health care services in connection with a health care visit described in subsection (b)(1); or "(2) in the case of health care services provided in connection with a health care visit described in subsection (b)(1) that results from an injury inflicted on a prisoner by another prisoner, the prisoner who inflicted the injury, as determined by the Director. "(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— "(1) the account of the prisoner is insolvent; or "(2) the prisoner is otherwise unable to pay a fee assessed under this section. "(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— "(A) 75 percent shall be deposited in the Crime Victims Fund established under section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601); and "(B) 25 percent shall be available to the Attorney General for administrative expenses incurred in carrying out this section. "(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— "(1) until the expiration of the 30-day period beginning Expiration date, on the date on which each prisoner in the prison system is provided with such notices; and

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