text: 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.
target: Detainee Basic Medical Care Act of 2008 - Directs: (1) the Secretary of Homeland Security to establish procedures for the delivery of medical and mental health care to all immigration detainees in Department of Homeland Security (DHS) custody; and (2) that such procedures address all 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.
feat_title: 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.