S 3005 ISCommentsClose CommentsPermalink

To require the Secretary of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in custody, and for other purposes.CommentsClose CommentsPermalink

May 12, 2008

Mr. MENENDEZ (for himself, Mr. KENNEDY, Mr. DURBIN, Mr. AKAKA, and Mr. LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To require the Secretary of Homeland Security to establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in custody, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Detainee Basic Medical Care Act of 2008'.CommentsClose CommentsPermalink

SEC. 2. MEDICAL CARE STANDARDS FOR IMMIGRATION DETAINEES OF THE DEPARTMENT OF HOMELAND SECURITY.

(a) In General- The Secretary shall establish procedures for the timely and effective delivery of medical and mental health care to all immigration detainees in the custody of the Department of Homeland Security. Such procedures shall address all immigration detainee health needs, including primary care, emergency care, chronic care, prenatal care, dental care, eye care, mental health care, medical dietary needs, and other medically necessary specialized care.CommentsClose CommentsPermalink





(b) Medical Screenings and Examinations- The procedures required by subsection (a) shall be designed to ensure continuity of medical and mental health care services for each immigration detainee upon arrival at a detention facility. At a minimum, such procedures shall be designed to ensure that--CommentsClose CommentsPermalink





(1) each immigration detainee receives a comprehensive medical and mental health intake screening by a qualified health care professional upon arrival at the facility;CommentsClose CommentsPermalink





(2) each immigration detainee receives a comprehensive medical and mental health examination and assessment by a qualified health care professional not later than 14 days after arrival;CommentsClose CommentsPermalink





(3) each immigration detainee taking prescribed medications prior to detention is allowed to continue taking such medications, on schedule and without interruption, until and unless a qualified health care professional examines the immigration detainee and decides upon an alternative course of treatment; andCommentsClose CommentsPermalink





(4) subject to the immigration laws, each immigration detainee with a serious medical or mental health care condition is given priority consideration for release on parole, on bond, or into an alternative to detention program, with periodic reevaluations for such immigration detainees not initially released.CommentsClose CommentsPermalink





(c) Continuity of Care- The procedures required by subsection (a) shall be designed to ensure continuity of medical and mental health care services for each immigration detainee throughout detention. At a minimum, such procedures shall be designed to ensure that--CommentsClose CommentsPermalink





(1) immigration detainees are informed of available medical and mental health care services and how to request such services;CommentsClose CommentsPermalink





(2) a prompt response is provided to any request for medical or mental health care;CommentsClose CommentsPermalink





(3) treatment decisions are based solely on professional clinical judgments;CommentsClose CommentsPermalink





(4) prescribed medications and medically necessary treatment are provided to immigration detainees on schedule and without interruption; andCommentsClose CommentsPermalink





(5) the medical and mental health of an immigration detainee is considered prior to any decision to transfer the immigration detainee to another detention facility, and such immigration detainee suffers no interruption in the provision of medical treatment, including the delivery of prescribed medications, during and after such transfer.CommentsClose CommentsPermalink





(d) Medical Records- The procedures required by subsection (a) shall be designed to ensure the availability of medical records to appropriate personnel. At a minimum, such procedures shall be designed to ensure that--CommentsClose CommentsPermalink





(1) immediately upon an immigration detainee's transfer from one detention facility to another, the immigration detainee's complete medical records, including any transfer summary, are provided to the receiving facility;CommentsClose CommentsPermalink





(2) within 72 hours of receiving a written request, an immigration detainee's complete medical records are provided to the immigration detainee or any person designated by the immigration detainee; andCommentsClose CommentsPermalink





(3) an immigration detainee shall be provided the appropriate forms where necessary to comply with this subsection and relevant privacy laws.CommentsClose CommentsPermalink





(e) Administrative Appeals Process- The procedures required by subsection (a) shall include an administrative appeals process for denials of medical or mental health care. At a minimum, such procedures shall be designed to ensure that--CommentsClose CommentsPermalink





(1) the Secretary responds promptly to any request by an on-site medical provider for authorization to provide medical or mental health care to an immigration detainee;CommentsClose CommentsPermalink





(2) in each case in which the Secretary denies or fails to grant such a request, a written explanation of the reasons for the decision shall be conveyed without delay to the on-site medical provider and the immigration detainee;CommentsClose CommentsPermalink





(3) the on-site medical provider and immigration detainee (or legally appointed advocate) are provided an opportunity to appeal the denial of or failure to grant the requested health care service; andCommentsClose CommentsPermalink





(4) such appeal is resolved in writing within 30 days by an impartial board, which shall include health care professionals in the fields relevant to the request for medical or mental health care, and the written decision is conveyed without delay to the on-site medical provider and the immigration detainee.CommentsClose CommentsPermalink





(f) Discharge Planning- The procedures required by subsection (a) shall include discharge planning to ensure continuity of care, for a reasonable period of time, upon removal or release for persons with serious medical or mental health conditions.CommentsClose CommentsPermalink





(g) Reporting Requirements-CommentsClose CommentsPermalink





(1) REPORT ON DEATH OF A DETAINEE- Not later than 48 hours after the death of an immigration detainee in custody of the Secretary, the Secretary shall submit to the Inspector General of the Department of Homeland Security and the Inspector General of the Department of Justice a report containing information regarding such immigration detainee's death.CommentsClose CommentsPermalink





(2) ANNUAL REPORT-CommentsClose CommentsPermalink





(A) REQUIREMENT- Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the appropriate committees of Congress a report containing detailed information regarding the death of any immigration detainee in the Secretary's custody during the preceding fiscal year.CommentsClose CommentsPermalink





(B) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this paragraph, the term `appropriate committees of Congress' means--CommentsClose CommentsPermalink





(i) the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





(ii) the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) DETENTION FACILITY- The term `detention facility' means any Federal, State, or local facility used by the Secretary of Homeland Security to hold immigration detainees for more than 72 hours, regardless of whether use of such facility is subject to a contract or other agreement.CommentsClose CommentsPermalink





(2) IMMIGRATION DETAINEE- The term `immigration detainee' means any person in the custody of the Secretary under the immigration laws at any detention facility.CommentsClose CommentsPermalink





(3) IMMIGRATION LAWS- The term `immigration laws' has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).CommentsClose CommentsPermalink





(4) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink