[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5950 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5950

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 1, 2008

Ms. Zoe Lofgren of California introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 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.

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

SECTION 1. SHORT TITLE.

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

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

    (a) In General.--The Secretary of Homeland Security 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.
    (b) Medical Screenings and Examinations.--The Secretary's 
procedures 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--
            (1) each immigration detainee receives a comprehensive 
        medical and mental health intake screening by a qualified 
        health care professional upon arrival at the facility;
            (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;
            (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; and
            (4) subject to the immigration laws (as defined in section 
        101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(17))), 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.
    (c) Continuity of Care.--The Secretary's procedures 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--
            (1) immigration detainees are informed of available medical 
        and mental health care services and how to request such 
        services;
            (2) a prompt response is provided to any request for 
        medical or mental health care;
            (3) treatment decisions are based solely on professional 
        clinical judgments;
            (4) prescribed medications and medically necessary 
        treatment are provided to immigration detainees on schedule and 
        without interruption; and
            (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.
    (d) Medical Records.--The Secretary's procedures shall be designed 
to ensure the availability of medical records to appropriate personnel. 
At a minimum, such procedures shall be designed to ensure that--
            (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;
            (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; and
            (3) an immigration detainee shall be provided the 
        appropriate forms where necessary to comply with this 
        subsection and relevant privacy laws.
    (e) Administrative Appeals Process.--The Secretary's procedures 
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--
            (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;
            (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;
            (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; and
            (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.
    (f) Discharge Planning.--The Secretary's procedures 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.
    (g) Reporting Requirements.--The Secretary of Homeland Security 
shall report to the Offices of Inspector General for the Department of 
Homeland Security and the Department of Justice, within 48 hours, 
information regarding the death of any immigration detainee in the 
Secretary's custody. Not later than 60 days after the end of each 
fiscal year, the Secretary shall submit a report to the Committee on 
the Judiciary of the Senate and the Committee on the Judiciary of the 
House of Representatives containing detailed information regarding the 
death of all immigration detainees in the Secretary's custody during 
the preceding fiscal year.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) ``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.
            (2) ``immigration detainee'' means any person in the 
        custody of the Secretary of Homeland Security under the 
        immigration laws (as defined in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) at any 
        detention facility.
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