Andrew Kearse Accountability for Denial of Medical Care Act of 2025
The Andrew Kearse Accountability for Denial of Medical Care Act of 2025 would add a new federal offense and related oversight provisions to ensure that individuals in federal custody receive immediate medical attention when they display medical distress, including breathing difficulties. The bill defines who counts as a “covered official,” creates criminal penalties for negligently failing to obtain or provide timely medical aid, and establishes enforcement and oversight mechanisms. It also allows states to pursue civil remedies, requires training for federal personnel, and directs internal inspectors general to investigate and, when appropriate, refer cases for prosecution. In practical terms, the bill expands federal accountability for medical care in custody by establishing a specific duty to act, outlining potential criminal and civil consequences for failure to act, and creating processes to report, investigate, and train around such incidents.
Key Points
- 1Covered officials and scope
- 2- Applies to federal law enforcement officers, Bureau of Prisons staff, and U.S. Marshals Service personnel in federal custody settings.
- 3- Defines “appropriate Inspector General” depending on the agency and includes a confidential complaint mechanism.
- 4Core duty and prohibition
- 5- It is unlawful for a covered official to negligently fail to obtain or provide immediate medical attention to an individual in federal custody who displays medical distress (including breathing difficulties) if failure results in unnecessary pain, injury, or death.
- 6Penalties
- 7- Violations can lead to fines, imprisonment for up to one year, or both.
- 8Civil enforcement option
- 9- State attorneys general or designated state authorities may file civil actions in federal courts to obtain equitable and declaratory relief for individuals aggrieved by violations.
- 10Inspector General role and referrals
- 11- The appropriate IG must investigate qualifying incidents.
- 12- If negligence is found, the IG must refer the case to the Attorney General for prosecution.
- 13- Establishes a confidential complaint process for incidents involving covered officials.
- 14Training requirement
- 15- Agencies must provide training to each covered official on obtaining or providing medical assistance to individuals in medical distress.
- 16Technical note
- 17- The act would add a new Sec. 251 to Chapter 13 of title 18, U.S. Code, and update the table of sections accordingly.