SEC. 2. MEDICAL CARE STANDARDS FOR IMMIGRATION DE-
TAINEES OF THE DEPARTMENT OF HOME-
LAND SECURITY. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish procedures for the timely and effective 
delivery of medical and mental health care to all immigra-
tion detainees in the custody of the Department of Home-
land Security. Such procedures shall address all immigra-
tion detainee health needs, including primary care, emer-
gency 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 fa-
cility. At a minimum, such procedures shall be designed 
to ensure that— 
(1) each immigration detainee receives a com-
prehensive medical and mental health intake screen-
ing by a qualified health care professional upon ar-
rival at the facility; 
(2) each immigration detainee receives a com-
prehensive medical and mental health examination 
and assessment by a qualified health care profes-
sional not later than 14 days after arrival; 
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(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 Na-
tionality Act (8 U.S.C. 1101(a)(17))), each immigra-
tion detainee with a serious medical or mental health 
care condition is given priority consideration for re-
lease 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 proce-
dures shall be designed to ensure continuity of medical 
and mental health care services for each immigration de-
tainee throughout detention. At a minimum, such proce-
dures shall be designed to ensure that— 
(1) immigration detainees are informed of avail-
able medical and mental health care services and 
how to request such services; 
(2) a prompt response is provided to any re-
quest for medical or mental health care; 
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(3) treatment decisions are based solely on pro-
fessional clinical judgments; 
(4) prescribed medications and medically nec-
essary treatment are provided to immigration detain-
ees on schedule and without interruption; and 
(5) the medical and mental health of an immi-
gration detainee is considered prior to any decision 
to transfer the immigration detainee to another de-
tention facility, and such immigration detainee suf-
fers no interruption in the provision of medical 
treatment, including the delivery of prescribed medi-
cations, 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 pro-
cedures 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, in-
cluding any transfer summary, are provided to the 
receiving facility; 
(2) within 72 hours of receiving a written re-
quest, an immigration detainee’s complete medical 
records are provided to the immigration detainee or 
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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 Sec-
retary’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 re-
quest by an on-site medical provider for authoriza-
tion 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 expla-
nation of the reasons for the decision shall be con-
veyed without delay to the on-site medical provider 
and the immigration detainee; 
(3) the on-site medical provider and immigra-
tion detainee (or legally appointed advocate) are pro-
vided an opportunity to appeal the denial of or fail-
ure 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 
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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 proce-
dures 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 re-
garding the death of any immigration detainee in the Sec-
retary’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 Representa-
tives 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 
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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 Secu-
rity under the immigration laws (as defined in sec-
tion 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17))) at any detention facil-
ity. 
Æ 
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