Page:United States Statutes at Large Volume 114 Part 2.djvu/159

 PUBLIC LAW 106-294—OCT. 12, 2000 114 STAT. 1041 collect a reasonable fee from the trust fund account (or institutional equivalent) of a Federal prisoner for health care services, if— "(A) the prisoner is confined in a non-Federal institution pursuant to an agreement between the Federal Government and the State or local government; "(B) the fee— "(i) is authorized under State law; and "(ii) does not exceed the amount collected from State or local prisoners for the same services; and "(C) the services— "(i) are provided within or outside of the institution by a person who is licensed or certified under State law to provide health care services and who is operating within the scope of such license; "(ii) constitute a health care visit within the meaning of section 4048(a)(4) of this title; and "(iii) are not preventative health care services, emergency services, prenatal care, diagnosis or treatment of chronic infectious diseases, mental health care, or substance abuse treatment. "(2) No REFUSAL OF TREATMENT FOR FINANCIAL REASONS.— Nothing in this subsection may be construed to permit any refusal of treatment to a prisoner on the basis that— "(A) the account of the prisoner is insolvent; or "(B) the prisoner is otherwise unable to pay a fee assessed under this subsection. "(3) 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 subsection and the applicability of this subsection to the prisoner. Notwithstanding any other Erovision of this subsection, a fee under this section may not e assessed against, or collected from, such person— "(A) until the expiration of the 30-day period beginning on the date on which each prisoner in the prison system is provided with such notices; and "(B) for services provided before the expiration of such period. "(4) NOTICE TO PRISONERS OF STATE OR LOCAL IMPLEMENTA- Effective date. TION.—The implementation of this subsection by the State or local government, and any amendment to that implementation, 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 that implementation (or amendment, as the case may be). A fee under this subsection may not be assessed against, or collected from, a prisoner pursuant to such implementation (or amendments, as the case may be) for services provided before the expiration of such period. "(5) NOTICE BEFORE PUBLIC COMMENT PERIOD. — Before the beginning of any period a proposed implementation under this subsection is open to public comment, written and oral notice of the provisions of that proposed implementation shall be provided to groups that advocate on behalf of Federal prisoners and to each prisoner subject to such proposed implementation. "(6) COMPREHENSIVE HIV/AIDS SERVICES REQUIRED.— Any State or local government assessing or collecting a fee under

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