The Jay Act

Justice for Incarcerated Patients Act

Purpose

To establish mandatory medical treatment timelines for incarcerated individuals diagnosed with serious illnesses and to impose civil and administrative penalties on correctional medical providers and administrators who fail to provide timely care.

SECTION 1. SHORT TITLE

This Act may be cited as the “Jay Act.”

SECTION 2. FINDINGS

Congress finds that:

1. The Eighth Amendment of the United States Constitution requires correctional institutions to provide adequate medical care to incarcerated individuals.

2. Numerous federal court rulings have determined that deliberate indifference to serious medical needs constitutes cruel and unusual punishment.

3. Delays in diagnosis and treatment of serious medical conditions—including cancer, autoimmune diseases, neurological disorders, and organ failure—can result in irreversible harm, disease progression, or death.

4. Current correctional medical systems often lack clear timelines for treatment, resulting in prolonged delays and systemic neglect.

5. Accountability mechanisms are necessary to ensure that incarcerated individuals receive timely medical care consistent with constitutional standards.

SECTION 3. MEDICAL EMERGENCY CLASSIFICATION

A Serious Medical Condition under this Act includes:

• Cancer or suspected cancer

• Autoimmune disorders (including lupus)

• Neurological conditions

• Severe infections

• Organ disease

• Any condition that may significantly worsen without timely treatment.

SECTION 4. MANDATORY MEDICAL TIMELINES

All correctional facilities receiving federal funding must comply with the following:

Initial Medical Evaluation

Any incarcerated individual reporting symptoms of a serious medical condition must receive a physician evaluation within 72 hours.

Specialist Referral

If a physician determines that specialist care is required, the appointment must be scheduled within 14 days.

Diagnostic Testing

All medically necessary diagnostic tests (biopsy, imaging, bloodwork, etc.) must occur within 21 days of being ordered.

Cancer Treatment

Upon confirmation of a cancer diagnosis:

• Oncology consultation must occur within 14 days

• Treatment must begin within 30 days

SECTION 5. FAILURE TO COMPLY

If a correctional medical unit fails to meet the timelines established in this Act:

1. The medical unit director and supervising officials may be held personally accountable through civil penalties.

2. The correctional facility may face:

• Loss of federal funding

• Federal medical oversight

• Mandatory external medical review

3. Any delay that results in disease progression, permanent harm, or death shall be presumed to constitute medical neglect under federal law.

SECTION 6. PERSONAL LIABILITY

Medical administrators, contractors, and supervisory staff who knowingly delay or obstruct medical care may be subject to:

• Federal civil penalties

• Professional licensing review

• Federal investigation by the Department of Justice Civil Rights Division.

SECTION 7. MEDICAL RECORD PRESERVATION

When a complaint or grievance related to medical neglect is filed:

• All medical records must be preserved immediately.

• Records must be provided to authorized family members or legal representatives within 7 business days.

Destruction, alteration, or concealment of medical records shall constitute a federal offense.

SECTION 8. INDEPENDENT MEDICAL REVIEW BOARD

The Department of Justice shall establish a Correctional Medical Review Board to:

• Investigate allegations of medical neglect

• Review deaths in custody

• Audit correctional healthcare systems

• Issue public reports.

SECTION 9. RIGHT TO EXTERNAL MEDICAL CARE

If a correctional facility cannot provide adequate treatment within the timelines required under this Act, the incarcerated individual must be transferred to an outside medical facility without delay.

SECTION 10. CIVIL ACTIONS

Families of incarcerated individuals harmed due to medical delays may bring expedited federal civil actions against responsible correctional agencies and medical contractors.

SECTION 11. IMPLEMENTATION

This Act shall take effect 180 days after enactment.

Core Principle of the Jay Act

No incarcerated person should suffer irreversible harm or death due to preventable medical delays.

Correctional medical units must operate under clear timelines, transparency, and accountability.