Federal staff would face penalties for harmful medical neglect

Covered federal staff would face criminal penalties for negligently failing to get or give immediate medical help. This covers federal law enforcement officers and Bureau of Prisons and U.S. Marshals Service staff dealing with people in federal custody. Medical distress includes trouble breathing. The person must display medical distress in the staff member's presence. The negligent failure must cause unnecessary pain, injury, or death.

States could bring civil cases over violations of the medical care requirement. States could ask a federal court to order action to address a violation or clarify legal rights. The state attorney general must have reasonable cause to believe a state resident was harmed by a violation. The attorney general or another state-designated official or body could bring the case.

Federal agency watchdogs would investigate qualifying failures to get or give medical help and provide a confidential complaint process. The employing agency's inspector general would investigate. The Justice Department's inspector general would handle agencies without one. A failure must cause unnecessary pain, injury, or death. If investigators conclude the staff member acted negligently, they must refer the case to the U.S. Attorney General for prosecution.

Agency heads would provide medical assistance training to every covered staff member. Training would cover federal law enforcement officers and Bureau of Prisons and U.S. Marshals Service staff.