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AI Laws - Medical Transparency Act

Writer: Cassandra Morphy
Cassandra Morphy
Aug 21
3 min read

A BILL


​To amend the Ethics in Government Act of 1978 to require all elected federal officials to disclose comprehensive annual medical reports and to mandate that attending physicians release relevant health records to the public.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


SECTION 1. SHORT TITLE.


This Act may be cited as the "Elected Officials Medical Transparency Act of 2026".


SEC. 2. MANDATORY MEDICAL DISCLOSURES FOR ELECTED OFFICIALS.


(a) In General.—Not later than January 30 of each calendar year, the President, Vice President, and every Member of Congress (including Delegates and Resident Commissioners to the Congress) shall submit to the appropriate federal ethics oversight body a comprehensive medical report detailing their physical and mental fitness to perform the duties of their office.


(b) Contents of Report.—The report required under subsection (a) shall include, but is not limited to:


• ​(1) A full summary of laboratory results, vital signs, and current diagnoses.


• ​(2) A list of all prescribed medications and ongoing treatments.


• ​(3) A cognitive and psychological evaluation conducted by an independent board of physicians.


SEC. 3. PHYSICIAN WAIVER AND PUBLIC RELEASE.


(a) Waiver of Confidentiality.—Notwithstanding any provision of the Health Insurance Portability and Accountability Act (HIPAA) or other medical privacy laws, any licensed physician or medical professional who administers care to an elected official specified in Section 2(a) shall, as a condition of providing such care, obtain a signed disclosure waiver from the official.


(b) Public Availability.—The attending physicians shall directly certify and transmit the medical reports to the Federal Election Commission (FEC) or the relevant Ethics Committee, which shall make the complete unredacted reports available to the public on a searchable internet website within 48 hours of receipt.


(c) Emergency Disclosure.—In the event of an acute medical crisis, hospitalization, or incapacitating illness of an elected official, the attending medical facility must release public updates regarding the official's clinical status every 24 hours until the crisis resolves.


SEC. 4. PENALTIES AND ENFORCEMENT.


(a) Civil Penalties.—Any elected official who fails to submit the required medical report, or who provides falsified information, shall be subject to a civil penalty of up to $50,000 and a mandatory referral to their respective chamber's ethics committee for potential censure or expulsion.


(b) Physician Immunity.—No physician or medical institution shall be held civilly or criminally liable for releasing information in compliance with the mandates of this Act.


​SEC. 5. INCAPACITATION DECLARATIONS AND VACANCY PROCEDURES.


​(a) Establishment of the Independent Medical Review Board.—There is established an Independent Medical Review Board (referred to in this section as the "Board"), consisting of seven non-partisan, board-certified physicians appointed jointly by the Chief Justice of the United States and the Comptroller General of the United States.


​(b) Trigger for Emergency Evaluation.—If an elected official's attending physicians or a two-thirds majority of the Board determines that an official has sustained a physical or cognitive medical event that could substantially alter or impair their ability to serve, the Board shall conduct an immediate, mandatory clinical review.


​(c) Declaration of Substantial Impairment.—Upon a majority vote of the Board certifying that an elected official suffers from a condition that substantially alters their ability to discharge the powers and duties of their office, a formal "Declaration of Substantial Impairment" shall be issued publicly and transmitted immediately to Congress.


​(d) Enforcement and Vacancy Action.


• ​(1) Executive Branch.—An Impairment Declaration regarding the President or Vice President shall serve as a formal invocation under Section 4 of the 25th Amendment of the Constitution, immediately transferring powers to the Vice President (or next in line of succession) as Acting President.


• ​(2) Legislative Branch (Members of Congress).—Upon receipt of an Impairment Declaration regarding a Senator or Representative, the respective chamber shall, within 48 hours, hold an expedited vote on the expulsion of that member pursuant to Article I, Section 5 of the Constitution.


• ​(3) Triggering of Special Elections.—If a congressional seat is vacated under paragraph (2), the Governor of the official's home state shall issue a writ of election to fill the vacancy via an expedited special election to be held within 60 days.


SEC. 6. EFFECTIVE DATE.


This Act shall take effect 90 days after the date of its enactment.

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© 2021 by Cassandra Morphy and Crowbarland Books

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