To: The Honorable Speaker of the House; The Honorable Senate Majority Leader; Members of the U.S. House of Representatives and Senate; RFK, Jr., Secretary of the Department of Health and Human Services; Members of the U.S. Department of Justice

Dear Esteemed Leaders,

We, the undersigned, urge you to introduce and pass the Medical Blacklisting Prevention Act, a critical piece of legislation to protect patients from being unfairly denied healthcare. Medical blacklisting—when healthcare providers, insurers, or administrators intentionally deny, delay, or restrict care based on non-medical factors like personal beliefs, prior disputes, or stigmatized conditions—is a grave injustice that undermines public health, erodes trust in our healthcare system, and causes devastating harm. This proposed bill, detailed below, classifies medical blacklisting as a federal felony, with severe penalties to deter such practices and ensure accountability. It addresses the following harms caused by medical blacklisting:

• Delayed or Denied Care: Patients face life-threatening delays or complete loss of access to necessary treatments, leading to worsened health outcomes or even death.
• Mental and Emotional Harm: Blacklisted individuals suffer anxiety, depression, and feelings of abandonment due to rejection by healthcare providers.
• Economic Impact: Inability to access care results in lost wages, increased medical costs, and financial hardship.
• Erosion of Trust: Blacklisting discourages patients from seeking care, undermining public health initiatives.
• Social Inequity: Marginalized groups are disproportionately targeted, exacerbating healthcare disparities.

The Medical Blacklisting Prevention Act proposes:

Class B Felony Designation: Up to 7 years in prison and $250,000 fines for individuals, $1,000,000 for entities, with enhanced penalties (up to 15 years and $2,000,000) if death results.

Class A Felony for Egregious Cases: Up to life imprisonment and $500,000/$5,000,000 fines for systematic or prolonged blacklisting causing severe harm.

Civil Penalties: Restitution for victims, mandatory injunctive relief, and permanent exclusion from federal healthcare programs.

Professional Consequences: Revocation of medical licenses and exclusion from Medicare/Medicaid.

Enforcement: A dedicated HHS task force and DOJ collaboration to investigate and prosecute.

Victim Protections: Legal aid for victims, 60-day investigation timelines, and no statute of limitations until discovery of blacklisting.

We call on Congress to act swiftly to introduce and pass this bill, and on the Department of Health and Human Services to support its enforcement. No patient should face discrimination, retaliation, or exclusion from care due to non-medical factors. By passing this legislation, you can restore trust in our healthcare system, protect vulnerable communities, and ensure equitable access to care for all Americans. We respectfully request that you:

1. Introduce the Medical Blacklisting Prevention Act in the House and Senate.
2. Support its passage with urgency to address this critical public health issue.
3. Ensure robust enforcement mechanisms through HHS and DOJ.

Together, we can end medical blacklisting and uphold the fundamental right to healthcare. Thank you for your leadership and commitment to justice.

PROPOSAL OF THE  "MEDICAL BLACKLISTING PREVENTION ACT"

Purpose: To establish medical blacklisting as a federal felony, protect patients’ access to healthcare, and impose severe sanctions on individuals or entities engaging in this practice.

Definition of Medical Blacklisting:

Medical blacklisting occurs when an individual or entity (e.g., healthcare provider, insurer, or administrator) intentionally denies, restricts, or delays a patient’s access to medical care based on non-medical factors such as personal beliefs, prior disputes, financial status, or stigmatized conditions. Key factors include:

·         Discriminatory Intent: Deliberate refusal to provide care due to biases related to race, gender, religion, political views, or other protected characteristics.

·         Retaliation: Denying care in response to a patient’s complaints, legal actions, or advocacy.

·         Information Sharing: Colluding to share derogatory or false information about a patient to hinder their access to care across providers.

·         Systemic Practices: Policies or practices that disproportionately exclude certain groups or individuals from care without medical justification.

Negative Effects of Medical Blacklisting:

Medical blacklisting undermines public health, erodes trust in the healthcare system, and causes significant harm. Specific effects include:

·         Delayed or Denied Care: Patients may face life-threatening delays or complete loss of access to necessary treatments, leading to worsened health outcomes or death.

·         Mental and Emotional Harm: Blacklisted individuals often experience anxiety, depression, and feelings of abandonment due to rejection by healthcare providers.

·         Economic Impact: Inability to access care can result in lost wages, increased medical costs from untreated conditions, and financial hardship.

·         Erosion of Trust: Blacklisting fosters distrust in healthcare institutions, discouraging patients from seeking care and reducing compliance with public health initiatives.

·         Social Inequity: Disproportionate targeting of marginalized groups or individuals exacerbates existing disparities in healthcare access and outcomes.

PROPOSED BILL: "MEDICAL BLACKLISTING PREVENTION ACT"

Section 1: Short Title

This Act may be cited as the "Medical Blacklisting Prevention Act."

Section 2: Findings

Congress finds that:

·         Medical blacklisting violates fundamental principles of equitable healthcare access.

·         Such practices cause significant harm to individuals and communities, including preventable deaths and economic losses.

·         Existing laws, such as the Civil Rights Act of 1964 and HIPAA, do not fully address the scope of medical blacklisting.

·         Federal intervention is necessary to deter and punish this practice.

Section 3: Definition of Medical Blacklisting

Medical blacklisting is defined as any intentional act by a healthcare provider, insurer, or related entity to deny, delay, or restrict a patient’s access to medical care based on non-medical factors, including but not limited to:

·         Discrimination based on protected characteristics (e.g., race, gender, religion).

·         Retaliation for patient advocacy, complaints, or legal actions.

·         Collusion to share false or prejudicial information to obstruct care.

·         Systemic policies that unjustly exclude specific groups.

Section 4: Designation as a Federal Felony

Medical blacklisting is classified as a Class B felony[1] under federal law, reflecting its willful, malicious intent and potential to cause serious harm and death.

Conviction requires proof of intentional conduct and harm to the patient (e.g., denial of care, health deterioration, or emotional distress).

Section 4A: Designation as a Class A Federal Felony for Egregious or Prolonged Violations

Medical blacklisting deemed especially egregious or prolonged (e.g., systematic targeting of multiple patients over an extended period, or actions resulting in multiple deaths or severe, irreversible harm of any patient) is classified as a Class A felony under federal law.

Egregious conduct includes deliberate, widespread, or repeated blacklisting with clear evidence of malicious intent and significant harm.

Conviction requires proof of intentional, systematic conduct and severe harm to multiple patients or a prolonged duration or severe, irreversible harm of any patient (e.g., over one year).

Section 5: Sanctions

Individuals or entities convicted of medical blacklisting shall face:

·         Criminal Penalties for Class B designations:

Individuals: Up to 7 years in prison and fines up to $250,000 per violation, consistent with Class B felony penalties under 18 U.S.C. § 3559.

Entities (e.g., hospitals, insurers): Fines up to $1,000,000 per violation.

Enhanced Penalties for Severe Outcomes: If blacklisting results in death, up to 15 years in prison for individuals and fines up to $2,000,000 for entities; repeat offenses carry up to 10 years in prison and $500,000/$2,000,000 fines.

·         Criminal Penalties for Class A designations:

Individuals: Up to life imprisonment and fines up to $500,000 per violation.

Entities: Fines up to $5,000,000 per violation.

·         Civil Penalties:

Mandatory injunctive relief to restore patient access to care.

Mandatory permanent exclusion from federal healthcare programs and revocation of all relevant licenses.

Restitution to all affected victims for medical costs, lost wages, and emotional distress.

·         Professional Consequences:

Permanent revocation of medical licenses for individual providers.

Exclusion from federal healthcare programs (e.g., Medicare, Medicaid) for entities.

·         Public Reporting:

Convictions must be reported to a public federal database to ensure transparency and deter future violations.

Section 6: Enforcement

The Department of Health and Human Services (HHS) and the Department of Justice (DOJ) shall jointly enforce this Act.

A dedicated HHS task force will investigate complaints of medical blacklisting.

Whistleblower protections shall be established for healthcare workers reporting blacklisting practices.

Section 7: Victim Protections

Patients alleging blacklisting may file complaints with HHS, which must investigate within sixty (60) calendar days.

Victims are entitled to legal aid for pursuing claims under this Act.

Statutes of limitations shall not commence until the patient discovers the blacklisting.

Section 8: Effective Date

This Act shall take effect sixty (60) calendar days after passage.

[1] Rationale for Class B Felony and Sanctions:

Class B Felony Designation: The status of this being a Class B felony reflects the willful, malicious intent of medical blacklisting and its potential to cause death, aligning with federal penalties for serious crimes (e.g., 18 U.S.C. § 3559). A Class B felony carries a maximum of 7 years imprisonment, with enhanced penalties for deadly outcomes to ensure proportionality.

Severity: Harsh penalties deter healthcare providers and entities from engaging in blacklisting, emphasizing the life-threatening consequences.

Restitution: Compensates victims for tangible and intangible harms.

License Revocation: Prevents repeat offenses by removing bad actors from practice.

Transparency: Public reporting ensures accountability and empowers patients.