[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3005 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3005

 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 SENATE OF THE UNITED STATES

                              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 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 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 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--
            (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, 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 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--
            (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 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--
            (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 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--
            (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 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.
    (g) Reporting Requirements.--
            (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.
            (2) Annual report.--
                    (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.
                    (B) Appropriate committees of congress defined.--In 
                this paragraph, the term ``appropriate committees of 
                Congress'' means--
                            (i) the Committee on the Judiciary and the 
                        Committee on Homeland Security and Governmental 
                        Affairs of the Senate; and
                            (ii) the Committee on the Judiciary and the 
                        Committee on Homeland Security of the House of 
                        Representatives.

SEC. 3. DEFINITIONS.

    In this Act:
            (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.
            (2) Immigration detainee.--The term ``immigration 
        detainee'' means any person in the custody of the Secretary 
        under the immigration laws at any detention facility.
            (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)).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
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