Denial of Rights Endangering Vulnerable Individuals’ Lives Act
The Denial of Rights Endangering Vulnerable Individuals’ Lives Act (D.R.E.V.I.L. Act) establishes criminal and civil liability for individuals or entities responsible for the negligent or intentional loss of Medicaid access, particularly when such disruptions result in the denial of care to eligible beneficiaries. This legislation ensures accountability for failures that endanger the health and well-being of vulnerable populations.
Key Provisions
Criminal Liability for Intentional Disruption: Any individual or entity that willfully interferes with Medicaid access, resulting in the denial of care, shall be subject to criminal prosecution for reckless endangerment or deprivation of medical rights.
Negligence Resulting in Denial of Care: Government officials, contractors, or private entities responsible for maintaining Medicaid access may be held civilly or criminally liable if their failure to fulfill required duties leads to a loss of service and harm to beneficiaries.
Mandatory Restitution and Penalties: Entities found responsible for Medicaid disruptions must provide financial restitution to affected individuals and face civil fines up to [$X] per affected individual, in addition to administrative sanctions such as disqualification from future government contracts.
Reporting and Transparency Requirements: Any disruption to Medicaid access must be reported within 24 hours to the relevant state regulatory body, with a full public report issued within 30 days outlining the cause, impact, and corrective actions taken.
Affirmative Defense for Federal Compliance: Individuals or entities acting in compliance with explicit federal directives shall not be held criminally liable under this law, provided they can demonstrate that their actions were necessary to comply with federal mandates and that they took all reasonable steps to mitigate harm to beneficiaries.
Model Language
Section 1. Title. This Act shall be known as the Denial of Rights Endangering Vulnerable Individuals’ Lives Act (DR.E.V.I.L. Act).
Section 2. Definitions
(a) “Medicaid portal” refers to any digital or electronic system used for Medicaid eligibility determinations, enrollment, renewal, claims processing, or any other function essential to providing Medicaid benefits.
(b) “Responsible entity” includes state agencies, government officials, contractors, or private entities tasked with maintaining Medicaid access.
(c) “Denial of care” means the failure of an eligible individual to receive Medicaid-covered services due to an interruption in portal access.
(d) “Negligence” means the failure to exercise reasonable care in maintaining Medicaid access, resulting in harm to beneficiaries.
(e) “Intentional disruption” means a willful act or omission that impairs Medicaid access, whether through deliberate misconduct, reckless disregard, or knowing violation of operational standards.
Section 3. Criminal Liability for Intentional Disruption
(a) Any responsible entity that willfully disrupts Medicaid access in a manner that results in the denial of care to eligible individuals shall be guilty of a [Class X] felony, punishable by imprisonment of up to [Y years] and/or a fine not to exceed [$Z].
(b) Prosecutors shall have discretion to charge individuals responsible for such actions under additional statutes, including reckless endangerment or official misconduct.
Section 4. Civil Liability for Negligence
(a) Any responsible entity that negligently causes a disruption in Medicaid access leading to denial of care shall be subject to:
(1) Civil fines up to [$X] per affected individual;
(2) Restitution to affected individuals for medical costs incurred due to the disruption;
(3) Administrative sanctions, including suspension or termination of government contracts.
(b) Government agencies shall conduct an independent investigation of any alleged negligence and report findings within 30 days.
Section 5. Mandatory Reporting and Transparency
(a) Any responsible entity experiencing a disruption in Medicaid access must notify the [State Medicaid Agency] and the [Attorney General’s Office] within 24 hours.
(b) A full report detailing the cause, impact, and corrective measures must be issued publicly within 30 days.
Section 6. Affirmative Defense for Federal Compliance
(a) No individual or entity shall be held liable under this Act if they can demonstrate that:
(1) Their actions were taken in compliance with explicit federal directives; and
(2) They exercised all reasonable efforts to mitigate harm to Medicaid beneficiaries.
Section 7. Enforcement and Rulemaking
(a) The [State Attorney General] shall be authorized to investigate violations of this Act and prosecute offenses.
(b) The [State Medicaid Agency] shall issue rules to implement and enforce this Act, ensuring compliance and oversight.
Section 8. Severability
If any provision of this Act is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
Section 9. Effective Date
This Act shall take effect on [Date].