S. 1914: Andrew Kearse Accountability for Denial of Medical Care Act of 2025

This bill, titled the Andrew Kearse Accountability for Denial of Medical Care Act of 2025, aims to improve the accountability of federal law enforcement and prison officials regarding the provision of medical care to individuals in their custody who show signs of medical distress. Below is a summary of the key provisions in layman's terms:

Definition of Terms

The bill includes several definitions to clarify its application:

• Covered Official: Refers to federal law enforcement officers, Bureau of Prisons employees, or staff of the United States Marshals Service.
• Medical Distress: This term includes situations where an individual has issues like breathing difficulties, indicating they need urgent medical help.
• Appropriate Inspector General: This refers to the oversight official responsible for investigating claims related to the actions of covered officials.

Requirement for Medical Attention

The bill establishes the following key requirements:

• It makes it unlawful for a covered official to negligently fail to obtain or provide immediate medical attention to someone in federal custody who is displaying medical distress. If this negligence leads to unnecessary pain, injury, or death, it is considered a violation.
• If a covered official violates this requirement, they can face penalties including fines and imprisonment of up to one year.

State Civil Enforcement

The bill allows state attorneys general to take civil action if they believe a resident in their state has been harmed due to a covered official's failure to provide medical care.

Investigations and Prosecution

The Appropriate Inspector General is mandated to investigate cases where it is believed that a covered official has failed to provide necessary medical attention. Key points include:

• If a covered official neglects to provide immediate assistance and this leads to harm or death, the Inspector General will investigate the incident.
• If the Inspector General finds negligence, they are required to refer the case to the Attorney General for potential prosecution.
• A confidential process will be established for individuals to submit complaints about incidents involving covered officials.

Training Requirements

Agencies that employ covered officials must provide training on how to recognize medical distress and properly respond to it.

Overall Aim

The overarching goal of this legislation is to ensure better medical care for individuals in federal custody, enhancing the accountability of officials responsible for providing such care.

Relevant Companies

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