H.R.3603 - Andrew Kearse Accountability for Denial of Medical Care Act of 2025 (119th Congress)
Summary
H.R.3603, the Andrew Kearse Accountability for Denial of Medical Care Act of 2025, aims to ensure that federal law enforcement and prison officials provide immediate medical attention to individuals in custody who display medical distress. The bill introduces a new section to Title 18 of the United States Code, outlining definitions, requirements, and penalties for failing to provide such medical attention. It also mandates Inspector General investigations into instances of denial of medical care and requires training for covered officials.
Expected Effects
The bill would create a legal obligation for federal law enforcement and prison officials to provide immediate medical attention to individuals in their custody who are experiencing medical distress. This could lead to improved health outcomes for individuals in federal custody and increased accountability for officials who fail to provide necessary medical care. The bill also establishes a confidential complaint process and mandates training, which could further enhance the protection of individuals in custody.
Potential Benefits
- Increased accountability for federal law enforcement and prison officials.
- Improved medical care for individuals in federal custody.
- Establishment of a confidential complaint process for reporting denial of medical care.
- Mandatory training for covered officials on providing medical assistance.
- Potential reduction in unnecessary pain, injury, or death of individuals in custody.
Potential Disadvantages
- Potential for increased litigation against federal law enforcement and prison officials.
- Possible increase in administrative burden for federal agencies due to investigation and training requirements.
- Risk of subjective interpretation of 'medical distress' and 'immediate medical attention'.
- The bill's penalty of imprisonment for not more than 1 year may be viewed as insufficient by some.
- Potential for increased costs associated with providing medical care and training.
Constitutional Alignment
The bill aligns with the Eighth Amendment of the US Constitution, which prohibits cruel and unusual punishment. By requiring federal officials to provide medical care to those in custody, the bill seeks to prevent situations where denial of care could be considered cruel and unusual punishment. The bill also aligns with the Fifth Amendment's due process clause, ensuring that individuals in federal custody receive necessary medical attention. The establishment of a state civil enforcement mechanism may also raise federalism concerns, but the bill appears to be structured to avoid infringing on states' rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).