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Alabama Department of Corrections
Correctional Medical Services, Louisiana Correctional Services,
Naphcare, Prison Health Services, Wexford
September 9, 2007 Huntsville Times
The Alabama Medicaid Agency will get a $3.8 million contract with a company
with a checkered past, but a political cloud may linger over the transaction.
And the state Department of Corrections will get a $233.73 million contract with
a St. Louis company that bid $6 million more than the losing bidder for inmate
health care services. Democrats insinuate that politics may have played a role
in ACS Heritage Inc.'s winning the Medicaid contract even though its bid was
$500,000 higher than the next company. And the firm that won the prison
contract, Correctional Medical Services, Inc., was represented by former
Republican Lt. Gov. Steve Windom, a lobbyist with close ties to Gov. Bob Riley.
September 7, 3007 Birmingham News
The Legislative Contract Review Committee on Thursday delayed implementation
of a $223 million prison health-care contract after an official with a company
that bid $9 million less questioned the process. The panel also delayed a $3.7
million Medicaid contract to computerize medical records after lawmakers
questioned the company's performance in other states. The Contract Review
Committee reviews state agency contracts. Committee members can delay the
contracts for 45 days but do not have the power to cancel them. The Department
of Corrections, after taking proposals, selected Correctional Medical Services
Inc. of St. Louis to provide medical care to Alabama's more than 20,000 inmates.
Another company, Wexford Health Sources, had submitted the low bid that was
about $9 million cheaper than Correctional Medical Services'. Rep. Alvin Holmes,
D-Montgomery, and other legislators asked Corrections Commissioner Richard Allen
why the department had not selected the low bidder. Allen said Correctional
Medical Services scored slightly higher on bid reviews, which take quality of
care into account. "I don't know that Mr. Holmes would go to the cheapest doctor
in town," Allen said after the meeting. Lawmakers also questioned that the
prison staff who reviewed the bids included several former employees of CMS.
Allen said none had worked for the company in at least six years. "I have full
confidence in these people. There was no politics involved in this selection,"
Allen said. But Michael Davis, a lawyer representing Wexford, said company
officials wanted to meet with the commissioner before the contract was
finalized. Davis said company officials had questions about how bidders' scores
were determined.
September 6, 3007 Huntsville
Times
The state corrections commissioner was questioned by
legislators Wednesday over a $233.73 million contract for health care for
Alabama's nearly 26,000 inmates. Commissioner Richard Allen is seeking approval
of a three-year contract with St. Louis-based Correctional Medical Services Inc.
CMS would take over a contract now held by Prison Health Services Inc., of
Brentwood, Tenn. Sen. Parker Griffith, D-Huntsville, a retired physician,
endorsed the CMS contract, which would have two potential one-year renewals. "I
have a keen interest in (prisons), particularly the health care," Griffith told
the committee. "We're rapidly moving into the baby boomers going through the
prison system just like we're going through it outside the prison system."
Griffith said health care for convicts is a "major, major cost factor" for the
state, but he added that "we're capping it with this contract and I think it's
well thought out." The committee has the power to delay the contract for 45 days
but cannot stop it from being enacted. Some members of the Joint Legislative
Contract Review Committee questioned Allen about members of his staff who
formerly worked for the two private companies and were involved in the selection
process for CMS. A third company that submitted a proposal, Pittsburgh-based
Wexford Health Sources, was represented by an attorney who said he will ask for
an explanation of the grading process when the committee meets again today.
Allen acknowledged that Wexford's bid was about $6 million lower than CMS. "We
evaluated the contracts very carefully," said Allen. "All the bidders were told
that price would be 40 percent of the score and other things - innovations, cost
savings, those types of things - would be scored 60 percent." Allen said Wexford
scored third. Rep. Blaine Galliher, R-Gadsden, said he was concerned that
Department of Corrections employees who formerly worked for CMS and PHS were on
the team that graded proposals submitted by the three companies. But Allen
defended the process, calling prison health care "a very narrow specialty." "If
you look at the resumes of these (DOC) people, they have worked for several
companies, not just this company (CMS)," he said. "Nobody in our department has
worked for this company in the last six or seven years. They've also worked for
PHS. They've also worked for about a dozen other companies. They go back and
forth between the companies and state service."
August 29, 2007 The Huntsville Times
The Alabama Department of Corrections said Tuesday that it will transfer 134
male inmates from a private Louisiana prison to the Limestone Correctional
Facility as part of a cost-cutting measure. Prisons Commissioner Richard Allen
said the transfer is the first of several required to return more than 1,100
Alabama convicts who are housed out of state. "In an attempt to save taxpayer
dollars and eliminate our budget shortfall, we plan to return all out-of-state
inmates to Alabama by year's end," Allen said in a prepared statement. "This
move will allow us to save an estimated $10 million annually on rented bed
space." Prior to Tuesday's transfer, 294 male inmates were housed at the West
Carroll Detention Center in Epps, La., at a cost of $26.75 per inmate, per day.
Alabama inmates are also kept at the J.B. Evans Correctional Facility, South
Louisiana Correctional Center and Perry County Detention Center, all owned and
operated by Lafayette, La.-based LCS Corrections Services.
August 17, 2007 Tennessean
America Service Group Inc. said Thursday that its Prison Health Services
subsidiary would lose its contract with the Alabama Department of Corrections.
The contract expires on Oct. 31. PHS provides medical services to inmates.
Brentwood-based America Service Group said it would update its fourth-quarter
earnings estimate later. It had projected revenues from a renewed contract of
$12.3 million in the three months ending Dec. 31.
July 12, 2007 All American Patriots
The Alabama Department of Corrections will put 5,763 acres of unproductive
and money-losing properties up for sale, bring state inmates back from Louisiana
prisons and put more inmates to work. Governor Bob Riley and Corrections
Commission Richard Allen said Wednesday that proceeds generated from the land
sales during the coming year will go toward prison infrastructure improvements
and not operating expenses. All property to be sold will be appraised,
advertised and sold through a public process to the highest bidder. Such a
process was used earlier this year when 540 acres of the Farquhar State Cattle
Ranch near Greensboro was sold for more than $1.6 million, which is higher than
its appraised value of $1.4 million. The properties being put up for sale are:
1,851 acres of the 2,215 acres at Red Eagle Honor Farm in Montgomery The
remaining 3,869 acres of the Farquhar State Cattle Ranch An empty and unused
16,000-square foot building on South Union Street in Montgomery 32 acres in
Wetumpka on Highway 231 North 10 acres at the old Kilby prison in Montgomery All
the properties are either unneeded or losing money. The Farquhar State Cattle
Ranch, for example, has lost approximately $377,000 during the past two fiscal
years and has lost almost $60,000 in the first six months of the current fiscal
year. "These properties are a financial drain on the taxpayers and aren't
needed," said Governor Riley. "It makes no sense to hold on to them. We will
sell them, relieve this burden on the taxpayers and use the money for some
long-needed improvements to correctional facilities." The Department of
Corrections expects the sale of the properties will bring in up to $22 million.
This is not the first time land owned by the Department of Corrections has been
sold. In addition to the sale earlier this year of 540 acres at the cattle
ranch, more than 630 acres of Corrections property was sold through the bid
process in 2003 and 2004 for $3.8 million. Governor Riley said the sale of idle
land would not be limited to the Department of Corrections, noting that several
agencies, including the Department of Mental Health and Mental Retardation, own
properties that may be sold. The Governor's office is working with state
agencies to determine what property they own is unneeded and could be sold. In
addition to selling unneeded property, the Department of Corrections will
terminate its contracts with two Louisiana-based companies and return
approximately 1,300 male and female inmates from private prisons in Louisiana.
All inmates in Louisiana will be back in Alabama by the end of November. That
move is expected to save the Corrections Department almost $10 million.
April 16, 2007 The Press-Register
Some members of a legislative oversight committee contend that Gov. Bob Riley's
administration broke the law on three no-bid contracts by failing to submit them
to the panel months ago. "If you have got a law, all departments in the Riley
administration have to follow the law," said state Rep. Alvin Holmes,
D-Montgomery, a committee member. "The same law applied to Don Siegelman that
applies to the Riley administration." During Riley's 2002 campaign for a first
term, the Republican blasted then-Gov. Don Siegelman, a Democrat, for his
administration's handling of no-bid contracts. Ken Wallis, legal advisor to
Riley, said recently that the administration is "absolutely" following state law
regarding all contracts, including the three questioned by some lawmakers. One
of the three was an emergency contract -- for prison health services -- that was
used for four months before the administration submitted the permanent deal to
the committee. Panel members said they learned about the other two contracts
through reporters. The prison contract totaled more than $56 million, while each
of the others was for $60,000 or less.
July 27, 2006 AP
About 320 female Alabama prisoners being housed in Louisiana are being moved
to another prison in that state but one closer to Alabama. The women inmates had
been housed at a private prison at Basile in southwest Louisiana. They are being
moved to J.B. Evans Correctional Center in Newellton, La., which is on the
Louisiana-Mississippi line about 60 miles west of Jackson. The move brings the
inmates about two and a-half hours closer to the Julia Tutwiler Prison for Women
in Wetumpka, prisons commissioner Richard Allen said Thursday. It also reduces
travel time for corrections officers. The Alabama Department of Corrections has
a contract with LCS Correctional Services to house the inmates to help reduce
overcrowded conditions at Tutwiler. The J.B. Evans Correctional Center opened in
1994 and is a medium security facility with the capacity of holding 440 inmates.
Allen said it will be used exclusively for the Alabama women prisoners. More
than 600 male inmates are also housed in private facilities in Louisiana because
of overcrowded conditions in Alabama prisons.
March 2, 2006 Birmingham News
In the recent letter "Partnerships can ease overcrowding," the executive
director of the Association of Private Correctional and Treatment Organizations
resorts to smoke and mirrors in promoting privatization as the answer to
Alabama's overcrowded prisons. He relies on dubious studies, some of which were
paid for by his boss - the for-profit private prison industry. The Association
of Private Correctional and Treatment Organizations advocates nothing more than
a throwback to the convict lease system of the late 1800s, which was ended in
the early 1900s. Privatization has resulted in a "race to the bottom." You get
what you pay for, folks. For more information about this industry, visit our Web
site: www.PrivateCI.org. We don't make this stuff up. Ken Kopczynski, Executive
director, Private Corrections Institute
February 22, 2006 Pickens Herald
The Pickens County Commission in a press briefing last Tuesday after their
regular meeting questioned the state’s motives in housing several hundred
prisoners in Louisiana when they could easily house them at the Pickens County
Jail at a cheaper rate. County Attorney Buddy Kirk addressed the Herald with
four of the five commissioners present (Commissioners Earnest Summer-ville,
William Latham, Willie Colvin and Ted Ezelle were present; Tony Junkin was
absent) about the matter after the Commission became aware that the state had
moved 140 male prisoners from the Bibb Correctional Facility in Brent, Ala. to a
private prison over 300 miles away in Pine Prairie, La. The Commission has
contacted the Alabama County Commission Association about the matter, said Kirk,
to ask for their help in approaching state officials about this curious action.
Brian Corbett, a spokesman for the Alabama state prison system, told the
Associated Press last Monday that the state plans to move 500 inmates from the
Bibb County facility to the Pine Prairie Correctional Center in central
Louisiana, a private prison operated by LCS Corrections Services Inc. The
sticking point for the Pickens County Commission is that not only is the state
having to carry the expense of transporting the prisoners to another state but
are willing to pay $29.50 a day per inmate to house them there. The state only
pays counties $1.75 per day to house state prisoners in county jails. “It
doesn’t seem right to the Commission,” said Kirk, who noted that the state will
virtually drive right by Pickens County from Bibb County to travel 300 miles to
Louisiana. Furthermore, Kirk said if a prisoner has to meet with his attorney,
it is a general rule that the state will have to pay that attorney’s expenses if
the prisoner is housed far away.
February 23, 2006 Montgomery Advertiser
The fact that incoming prison commissioner Richard Allen, who takes over next
week, has no previous experience in corrections has been widely noted. Given
Allen's demonstrated abilities throughout a distinguished career, there is no
reason Alabamians should be concerned about that. In fact, the fresh perspective
he will bring to the Department of Corrections is likely to be an asset. Allen
surely will be attuned to apparent conflicts of interest such as the one
involving a prison health care monitor. In that case, the Birmingham News
reported this week, a nurse hired by the department to monitor health care
delivered under a contract with an outside provider came directly from that
provider. One day he was working for the provider, and the next day he was being
paid to monitor the work of that provider. That was a dubious arrangement in
itself, but the situation was made even more questionable when the nurse
resigned his monitor's job with DOC after working only a few weeks to return to
his former employer. He has since rescinded the resignation and remains with
DOC. This is an unacceptable situation that cannot engender any confidence in
the proper delivery of health care to inmates or the proper oversight of health
care delivery by the prison system. In order to have any credibility, a monitor
cannot have such ties to the operator being monitored. Allen will have a stack
of problems on his desk when he walks in for his first day as commissioner on
Wednesday, foremost among them the chronic overcrowding of the prison system. As
he wrestles with that daunting challenge, however, he also must take a
newcomer's clear-eyed look at issues such as too-close connections between the
department and outside contractors.
February 18, 2006 Birmingham News
A nurse hired by the state prison system last month to
monitor its medical contract had until then worked for the company he was hired
to keep tabs on. After a few weeks on the job, nurse Brandon Kinard resigned
from the state to return to Prison Health Services, then rescinded his
resignation Friday. Despite earlier plans to go back to the company, Kinard will
remain a regional clinical manager with the Department of Corrections assigned
to make sure PHS does an adequate job, prisons spokesman Brian Corbett said. The
state pays Kinard a $59,000 annual salary. He is one of several regional
managers who oversee quality control, protocols and contract compliance,
specifically DOC's $143 million contract with PHS, a Tennessee-based company
that has come under scrutiny in several states on allegations of placing
economic interests above patient care. Kinard's boss at DOC, Associate
Commissioner Ruth Naglich, ultimately is in charge of making sure the company
lives up to its contract. She also has ties to PHS, where she was vice president
for sales and marketing before taking the state job. Kinard's employment falls
within a gray area of state ethics law, officials say. Attorneys who represent
prisoners treated by PHS say it's a conflict of interest even though it may be
legal. "I don't know if it violates any state laws. But effective monitoring of
a private company by the state Department of Corrections needs to be done by
people who are independent of the medical company and independent of the DOC,
and this is ..... something that would seem to prevent effective monitoring,"
said Joshua Lipman, an attorney with the Southern Center for Human Rights.
Previous state monitoring efforts have resulted in DOC's withholding payments to
PHS because the company failed to fulfill minimal contract staffing levels. The
state withheld $1.2 million last year when monitors found the provider did not
have enough doctors, nurses, administrators and support staff in the prisons,
and later withheld $580,000 as a performance penalty. Kinard first worked for
PHS at Hamilton Aged and Infirm. He worked both as a director of nursing and in
an administrative position, making decisions about patient health care. He'd
been with the company since November 2003, when PHS received the Alabama
contract. He also had worked in prison medicine with companies that previously
contracted with the state. Kinard began his job at DOC the first week in
January. In early February, he submitted his resignation, effective Feb. 24, to
return to PHS. A day after The News contacted PHS about the situation, Kinard
rescinded his resignation, staying with the DOC job. Alabama ethics law prevents
state employees from immediately accepting jobs at companies they audited,
investigated or regulated for the state, said Hugh Evans, general counsel at the
Alabama Ethics Commission. There has not been a ruling on whether that includes
returning to jobs they came from. "Under the ethics law, if you are involved in
auditing, investigating or regulating a private entity, that would include
monitoring or awarding a contract to a private entity, you can't go to work for
them for two years," Evans said. However, he said, "The issue is somewhat
muddied, if that person is returning to the status quo. It could be a cause for
concern."
February 16, 2006 Montgomery Advertiser
How willing would you be to do business with a company with a record of
legal problems, even if it was the low bidder? Most Alabamians, we'd wager,
would have some reservations about that -- and Alabamians certainly should have
reservations about their state sending prison inmates to a private prison. For
years, the Advertiser has expressed serious concerns about the use of private
prisons. Nothing reported from the ones involved in state contracts has eased
those concerns. The Birmingham News reported this week that the Department of
Corrections has begun transferring male inmates to a private prison in Pine
Prairie, La. The prison is operated by Louisiana Corrections Service, which also
operates a facility in Basile, La., where Alabama has housed about 300 female
inmates since 2003. The reason for using these facilities is the chronic
overcrowding of Alabama's prison system, which is the subject of constant
litigation. The transfer of male inmates -- eventually about 500 of them -- is
an effort to ease the backlog in county jails of state inmates who haven't been
sent to state prisons because there is no space for them. The overcrowding
problem is at present intractable, given Alabama's sentencing structure and its
decades of failing to address the shortcomings of a system now bulging with
almost twice as many inmates as its facilities were designed to handle. LCS will
house the male inmates for $29.50 per day per inmate, but how much of a bargain
is that? There are important issues inherent in any private prison operation.
This is not someone's hobby; this is a for-profit enterprise. That's fine in
most pursuits; in fact, it is the core of the American economy. But
incarceration is a solemn obligation of the state. Depriving individuals of
liberty is serious business and the state, even though justified in doing so,
has an undeniable responsibility to those individuals. A for-profit prison has
financial considerations that a state facility does not. It has profit
expectations from its investors, and these could all too easily lead to
dangerous corner-cutting that compromises the safety of inmates and potentially
the public as well. Unlike the state, a private prison operator has no stake in
the rehabilitation of inmates vs. the mere warehousing of them. Add to those
concerns -- inherent in any private prison operation -- the legal troubles at
LSC facilities and it is easy to see why Alabamians should be uncomfortable with
this arrangement. Last week, the News reported, a former supervisor at Pine
Prairie was convicted of rights violations and witness tampering in the beating
of an inmate. Earlier, four guards at the Basile facility were indicted on
sexual abuse charges. Problems can occur at state prisons, of course, but there
the state has direct authority to act, to set employment standards and to
otherwise control the addressing of problems. That is largely lost when private
prisons are used. The private prison issue is not going to fade away. LCS is
working with officials in Perry County to open a private prison there. The
facility, located outside Uniontown, will be ready in a few months. The
Department of Corrections says there is no agreement for it to place prisoners
there, but clearly there will be great political pressure to do so. This is a
poor approach to prison issues. A far better one is broad reform of Alabama's
sentencing structure, which now sends to prison far too many people who could
serve their sentences in community-based corrections facilities with drug
treatment programs and work opportunities -- without presenting a significant
threat to the safety of the populace. Funneling non-violent offenders into
prisons is always costly and seldom productive. Absent this kind of reform of
the current system, inherently unsound practices such as the use of private
prisons will continue -- not because they are better, but because they are
cheaper.
February 16, 2006 Ledger-Enquirer
Tough on crime, or on taxpayers. Last week, Alabama's prison commissioner
went over the wall. And who could blame Commissioner Donal Campbell for
resigning? He had been given the literally impossible task of operating an
Alabama prison system with too many inmates and not nearly enough money. Not
only is he set up for failure, but he is also set up to go to jail himself for
not obeying court orders to relieve crowding. Of course, he can't build prisons
out of his own pocket, and the Alabama legislature isn't about to spend precious
tax dollars on inmates, so what could the commissioner do but throw up his hands
and walk away? "I wouldn't want that job," said Lynda Flynt, executive director
of the Alabama Sentencing Commission. She knows what she's talking about, having
worked closely with Campbell to alleviate crowding. Knowing they're going to
have a problem filling a position that includes perks such as being party to a
lawsuit, state officials are finally scrambling to do something. On Monday, the
state announced that it is going to send 500 state inmates to a private prison
in Louisiana. The private prison company there already houses more than 300
Alabama inmates. At $29.50 a day per inmate, that's going to cost Alabama
taxpayers about $24,000 a day. That's Alabama tax money that's flowing into the
Louisiana economy. If Alabama would build the prisons it needs (or consider
sentencing reforms that might ease the stress on the system) some of that cash
might stay home. Or some of it might be sent to Alabama counties that are
picking up a huge tab for housing state prisoners. As of last December, there
were about 100 state inmates being housed in Russell, Lee and Chambers County
jails. It costs counties about $30 a day to house a state prisoner, but the
state pays the counties about $1.75 a day. So housing those prisoners costs East
Alabama taxpayers more than a million dollars a year, while the state is sending
more than $8 million a year to Louisiana private prisons. If the Alabama
legislature is going to insist that this many people be in prison, then the
lawmakers have the moral responsibility to see that there is space to house the
inmates. If you're going to be tough on crime, then you're going to have to be
tough enough to pay the piper. -- Michael Owen, for the editorial board
February 13, 2006 AP
A total of 140 medium-security male prisoners were transferred Sunday night from
Alabama to a private correctional facility in Louisiana, the first of 500 to be
moved in the latest attempt to ease overcrowded cellblocks. The prisoners were
transferred from Bibb Correctional Facility in Brent to Pine Prairie
Correctional Center in Pine Prairie, La., in an effort to make room for state
inmates who are in county jails in violation of an Alabama court order. State
prisons spokesman Brian Corbett said Monday the state entered into an emergency
contract with LCS Corrections Services Inc. to send up to 500 inmates to the
central Louisiana facility. The Department of Corrections currently houses 311
female prisoners at an LCS facility in Basile, La. Prisons Commissioner Donal
Campbell announced Friday that he had resigned, effective Feb. 28. He had pushed
for increased state funding for prisons and recently said there was no money in
Gov. Bob Riley's budget proposal to pay for the use of private prisons, an
alternative he supported.
July 16, 2005 AP
A court-appointed monitor warns that erratic treatment of HIV-positive inmates
in an Alabama prison could develop into treatment-resistant AIDS. A new
report by Dr. Joseph Bick issued that warning. It came a year after the state
Department of Corrections agreed to improve medical treatment for the
HIV-positive prisoners. Bick documented four types of
"sub-optimal" HIV treatment at Limestone Correctional Facility, where
more than 200 HIV-positive inmates are housed. A California expert in prison
medicine, Bick was appointed by U.S. Magistrate Judge John Ott to visit
Limestone four times a year and evaluate whether the state and its medical
contractor provided dozens of improvements required in a lawsuit settlement.
Although state officials promised in the settlement last year to hire an HIV
specialist for the men, there has not been one during much of the year, leading
to erratic treatment. Tennessee-based Prison Health Services, the private
company that oversees care in Alabama prisons, says many of the problems Bick
found were related to that position's being vacant. "It's difficult
to recruit a highly qualified HIV specialist, especially to a rural area,"
the company said in a statement Friday. Two specialists PHS previously
hired left the job within weeks or months. Bick warned that the mistakes
in previous care could have irreversibly harmed patients. During his
week-long visit in late May, Bick found: substitute doctors who mixed drugs that
were not supposed to be used together; patients with rising viral loads who had
not been seen for treatment changes or whose failing regimens were changed only
one drug at a time; and doctors who made treatment changes without telling the
patient. Bick's reports have noted some improvements but he has continued
to focus on the inability of keeping doctors and of keeping critical positions
filled. "Due to the fragile nature of this medical program, I
recommend that every effort be made to retain physicians once they are
hired," Bick wrote in the new report. Besides the HIV population,
Limestone houses 1,800 other prisoners and has one physician and one nurse
practitioner to provide their care as well as care for 135 work-release
prisoners in Decatur. Bick called this "by all measures ...
inadequate" and recommended three full-time physicians. PHS has hired
several doctors over the last year, including HIV specialists, who have not
stayed long. The company also said that negative press coverage has frustrated
its efforts to hire a specialist.
June 3, 2005 Decatur Daily
With its magnifying glass focused on inmate health expenses, a legislative
committee came up with as many questions as answers Thursday for the spiraling
medical costs for state prisoners. High hospital costs for ill inmates, concerns
about the company that provides on-site medical services at state prisons and a
prison population that is close to double capacity all complicate the challenge
for the Department of Corrections. The committee questioned, but approved, two
contracts for medically related inmate care. In
a $60,000 part-time contract, Cullman internist Dr. George Lyrene will review
all deaths at state prisons and give court testimony related to the deaths for
$1,100 to $1,250 per day. In a second contract, the state will pay
Rebecca Jones, a registered nurse from Wetumpka, up to $40,000 for
inmate-specific diabetes education and meal monitoring at state prisons.
Committee members also questioned the performance and expenses of Prison Health
Services, the Tennessee company that currently has the contract to provide
medical care for inmates. "The provider has major, major problems, and
there are deep concerns among members of the committee about them,"
Morrison said after the meeting. Morrison said Corrections Commissioner Donal
Campbell and Naglich are working to solve the problems. Morrison said some of
the health costs are the result of actions before the time the Tennessee company
took over inmate care in Alabama. "We are still in lawsuits related to the
previous provider," Morrison said. "With some things, we can only go
as fast as the courts allow."
May 26, 2005 AP
Seeking to save money, the Department of Corrections has signed a contract to
send inmates with chronic illnesses to a South Carolina hospital specializing in
treating prisoners. Alabama prison system officials announced Thursday the
inmates would be sent to Columbia Care Center , rather than to regular community
hospitals in the state. The hospital in Columbia, S.C. , currently has space to
treat up to 50 Alabama inmates who need long-term care, such as chemotherapy,
radiation therapy or kidney dialysis, but the number to be sent initially has
not been determined. There is no set cost for the contract - DOC pays Just Care
as the hospital's services are needed. Department officials said the prisons are
not equipped to treat inmates who need certain specialized treatments for highly
advanced cancers, diabetes and other chronic diseases. Those limitations force
the DOC's health care provider, Prison Health Services, to refer the inmates to
outside hospitals for repeated treatments, said DOC spokesman Brian Corbett. In
fiscal year 2004, the prison system had to pay $9.4 million for treatments that
fell outside PHS's responsibility, officials said. The DOC has refused to pay
$1.2 million to PHS, saying the company has not provided enough doctors and
nurses at the prisons. That issue is under mediation, but is unrelated to the
decision to team up with Just Care, Corbett said.
May 5, 2005 Birmingham News
Alabama's prison medical provider is losing $1.2 million from the state
because it has not provided enough doctors and nurses to state prisons. Prison
Health Services has not fulfilled minimal contract requirements that call for a
certain number of doctors, nurses, administrators and support staff. The company
is not being fined, Department of Corrections spokesman Brian Corbett said, but
DOC will not have to pay $1.2 million of its contract. The department hired PHS
in November 2003. The company's three-year, $143 million contract could see more
reductions if the medical staff does not increase. Tennessee-based Prison Health
Services also has come under fire in recent months by physicians who are
monitoring two prisons under federal court settlements. A lawsuit alleging
inadequate medical care is pending at a third prison, the Hamilton Aged and
Infirm facility, where the oldest, sickest men are housed. Dr. Michael Puisis,
court monitor at Tutwiler Prison for Women, said in a March report that prison
medical staff provided poor or incomplete care to three inmates who died last
year. He suggested that negligence might have led to two of those deaths. The
third, a suicide, was likely the result of inadequate care by mental health
workers, who are employed by a different company. Two deaths since then are
still under investigation. Still, attorneys for the
Limestone inmates have asked the federal courts to hold the state in contempt
for failing to abide by the conditions of the settlement. Last year, the state
agreed to dozens of improvements, centering on added medical staff and more
humane housing conditions. Doctors keep leaving, some after claiming PHS did not
allow them the flexibility and resources to practice medicine as they want to
do. "There are just as many complaints raised after the settlement as
before," said Gretchen Rohr, an attorney with the Atlanta-based Southern
Center for Human Rights, who represents Alabama prisons in both cases.
April 25, 2005 Anniston Star
Historically, Alabama has never placed a high priority on the care of its
inmates. Like many states, Alabama is often in a locking-up mood when it comes
to wrongdoers. We don’t mind building prisons and then filling them up. Once
these men and women are behind bars, though, it’s out of sight, out of mind.
Like a lot of states, Alabama also outsources the medical care of inmates in an
effort to cut costs. The problems associated with the hiring out of health care
for prisoners are becoming more obvious by the day. It’s beyond debate — or
at least it should be — that prisoners should not be denied proper medical
treatment. To do otherwise would be cruelly inhumane and a violation of the
human rights of inmates. In 2003 following
reports of deaths and various abuses, Alabama dropped its contract with Naphcare,
a company specializing in treating prisoners. The state replaced the firm with
Prison Health Services, a Nashville-based company. That decision is looking like
a mistake. Last month, The New York Times
reported that New York officials are blaming the deaths of more than 20 inmates
on PHS’ lax policies. Closer to home,
the Birmingham News recently reported on the deaths of two Alabama inmates under
the care of Prison Health Services. Independent
observers as well as the families of Tutwiler Prison for Women inmates Teresa
Morris, who died March 6, and Edna Britt, who died March 23, point to Prison
Health Services shortcomings. Morris, who was a diabetic, was allegedly taken
off her insulin. And advocates are questioning the circumstances surrounding the
death Britt, who had recently been treated for cancer.
At Donaldson, Tutwiler and Limestone prisons, the complaints center on
denial of medicines and a gross shortage of medical personnel. Previous
challenges on behalf of prisoners have put these three facilities under
heightened scrutiny. Dr. Joseph Bick is a
physician assigned to observe conditions at Limestone, where inmates with HIV
are housed. He has written, “Interviews with patients, chart reviews and
feedback from physicians support the concern that patients are not consistently
given the medications that have been ordered for them for serious
life-threatening conditions.”
The Department of Corrections can outsource all it wants, but in the end,
state inmates are the responsibility of the state. It’s time to start asking
hard questions.
April 17, 2005 Birmingham News
By the time Teresa Morris died, her legs were so badly swollen that the prison
shackles dug into them. A 53-year-old diabetic serving time for domestic
violence at Tutwiler Prison for Women, Morris spent the hours before her March 6
death shackled in a hospital bed in Montgomery. Prison officials say she died of
natural causes. Morris's family believes the prison medical staff, employees of
private contractor Prison Health Services, provided inadequate care for her
diabetes. They say she was taken off her insulin shots, for reasons the family
does not understand. Her death is the latest in a series of red flags suggesting
that Prison Health Services is not providing sufficient quality medical care to
many Alabama prisoners, according to interviews with prisoners' attorneys,
former PHS employees and reports from independent physicians who monitor care at
some of Alabama's prisons. "I can't say whether or not she was given
insulin," said Ben Purser, the company's vice president for ethics and
chief compliance officer. "It was an expected death; that is about the best
thing I can say to you." Morris's
death certificate says she died from diabetes, cirrhosis of the liver and
Hepatitis C. But she was not being treated for the last two, Freeman said. Last
November, Dr. Michael Puisis, court monitor for the Tutwiler medical settlement,
visited the prison and reviewed treatment records for several prisoners. Of
Morris's care, he wrote: "She was seen every three months, but not by a
doctor. ... Liver function tests were abnormal but not investigated. An
incomplete physical examination was done." Even after the legal settlements
mandating better care at Tutwiler and Limestone, there have been severe
shortages of doctors and nurses at the prisons. Nearly a year later, critical
reports by court monitors continue to come out of both places. "These
records reflect thousands of doses of medications ordered by physicians that
have either not been given, or have been given without being documented,"
Dr. Joseph Bick, monitor in the Limestone case, wrote after visiting the HIV
Unit in February. "Interviews with patients, chart reviews and feedback
from physicians support the concern that patients are not consistently given the
medications that have been ordered for them for serious life-threatening
conditions." What was even more disturbing, the doctor wrote, was that
Prison Health Services provided documents showing that nurses had recently been
trained on this issue. It
was Bick's third visit to the prison. Each was followed by a report showing the
state was out of compliance with several key medical provisions of the 2004
settlement. A constant failing at Limestone is doctor and nurse
shortages. The prison, with 2,200 people, has become a revolving door for
physicians. One physician left in late 2004. Another, Dr. Valda Chijide, an
infectious disease specialist, was placed on administrative leave after writing
her superiors about constrictions placed on her that made it impossible to do
her job. She resigned in February. Prison Health Services then brought in a
doctor from a temporary agency, but by early April she, too, decided not to
return, PHS' Purser said. During
vacancies, Dr. Will Mosier, Prison Health Services' Montgomery-based medical
director, fills in at Limestone and other prisons when needed. There are
provisions in the company's contract for the state to deduct payment to the
company if its staff numbers are down, and the Corrections Department monitors
staffing levels on a regular basis, Corbett said. How much money the state is
owed for empty positions is under debate, he said.
February 9, 2004
A $500,000 tab for unused slots in a private out-of-state prison is a bitter
pill for taxpayers of Alabama to swallow. Particularly with prisons here crammed
with nearly twice as many inmates as they were built to house and with state
government in a severe financial bind. Prison officials must not only
review how the state came to agree to pay for beds that are going unused as
state inmates are returned from the Mississippi prison, but to make sure any
future prison contracts don't come with hidden surprises. (Al.com)
February 5, 2004
The Alabama Department of Corrections will pay a private prison company at least
$500,000 for empty prison space in Mississippi. That's
because the state's contract with the Tennessee-based Corrections Corporation of
America requires Alabama to pay rent for 1,345 beds through March 11. The state
has opted to bring most of the prisoners home early, but still must pay the
$27.50 per diem cost. Alabama prison officials say the unused beds are a
necessity, and the result of the state's chronic underfunding and overcrowding
of prisons. Now that bed space has been freed up at state prisons, the
department is sending inmates home a few at a time, but the contract requires
the state to continue paying for 95 percent of the full occupancy rate.
Corrections employees began returning inmates Jan. 19. By the end of this week,
they expect to return 379. Unused beds for that group alone will cost $340,000
for 35 days. More men will be returning every week until March 12, leaving empty
beds that will push the total to at least $500,000. "There's no way
you could keep them over there until the last day of the contract and bring them
back all at once," said Brian Corbett, spokesman for the Alabama Department
of Corrections. "It's physically impossible to move 1,416 inmates in one
day." State officials signed the emergency contract with CCA last
June. Alabama's prison population had hit an all-time high of 28,440, and the
Department of Corrections was facing pressure from lawsuits related to prison
conditions and the backlog of state inmates in county jails. "We did
what we had to do out of an emergency situation. And yes, unfortunately, it cost
money," Corbett said. "It would be wiser in the long run and
cheaper in the long run if you would properly fund corrections up front, as
opposed to trying to correct your emergency situations on the back end,"
Corbett said. State got bargain: A spokesman for CCA said
Alabama got a bargain in its per diem rate. Elsewhere, private prison companies
have charged states more than $50 per inmate per day. CCA's Tallahatchie
County Correctional Facility in Tutwiler, Miss., sat empty last summer. The
company quickly staffed it for the Alabama contract, and federal law requires
CCA to give those employees a 60-day notice before termination, said CCA
spokesman Steve Owen. "There had to be some guarantees for us to
hire, ramp up and staff that institution for the duration of that
contract," Owen said. Increased parole and community corrections
programs have freed up space in Alabama prisons. The prison population was down
to 27,344 in December 2003. The Department of Corrections is also shifting
work release and minimum security inmates, primarily from Montgomery and from
the Elmore Correctional Facility, to make room for the men returning from
Mississippi. Many minimum security inmates will transfer to vacant work release
beds. 980 backlogged: Prior to sending the prisoners to
Mississippi, 980 state inmates were backlogged in county jails for more than 30
days - the crux of a lawsuit against the Department of Corrections. A year
later, in part because of the Mississippi contract, no state prisoners have been
housed in counties more than 30 days, Corbett said. The contract possibly
saved money by halting additional costly litigation or federal intervention, he
said. "We averted a crisis situation last summer, but by no means are
we out of the woods," Corbett said. State prisons continue to
operate at 185 percent of capacity. (AL.com)
January 10, 2004
The state prison system plans to continue with its new health service contracts
for inmates even though a legislative committee wouldn't approve the deals.
On Thursday, members of the Legislature's Contract Revenue Committee said the
deals were too expensive and were reached without open bidding. Prison
system spokesman Brian Corbett said the contracts have already been implemented
and will continue in effect. "Nothing is going to change," he
said. "We still have 100 percent coverage." Committee members
objected to a $143 million contract with Prison Health Services of Brentwood,
Tenn., to provide medical care for Alabama's inmates for three years; a $29
million contract for MHM Correctional Services Inc. of Vienna, Va., to provide
mental health care for three years; and a $90,000 contract with Correctional
Medical Management of Nashville, Tenn., to monitor the work for three months.
Normally, state agencies submit contracts to the Legislature's Contract Review
Committee before they take effect. If the committee objects to them, the
committee can delay them for 45 days, but the state agency can implement them
after that time pass. (AP)
January 9, 2004
A legislative committee blocked three contracts with companies for medical care
in Alabama prisons, saying the deals were too expensive and were reached without
open bidding. The move could leave more than 27,000 inmates temporarily
without health care. Prison system officials have defended the contracts,
valued at a combined $172.3 million. Corrections Commissioner Donal Campbell
warned that delaying them could land the state in trouble with federal courts,
which are already reviewing prison conditions. (AP)
January 6, 2004
The 1,424 male Alabama inmates being housed in a private prison in Mississippi
should be returned to Alabama within 90 days, state Corrections Commissioner
Donal Campbell said Tuesday. Alabama transferred the inmates last summer
to a prison run by Corrections Corporation of America, the Tallahatchie County
Correctional Facility in Tutwiler, Miss., to ease the overcrowding in Alabama's
prisons and county jails. (AP)
October 14, 2003
With his $1.2 billion tax plan rejected, Gov. Bob Riley plans to release
5000-6000 non-violent, Alabama inmates this fiscal year due to budget cuts.
After 54 of 67 Alabama counties rejected the governor’s tax plan on September
9, the state government was left on its own to find a way to alleviate the
state’s over-crowded prisons without the additional funds and a state budget
deficit of $675 million. In his state of the state address on March
4, 2003, Gov. Riley predicted a state deficit of at least $500 million in 2004.
His solution was to cut the General Fund Budget by 20 percent. He also predicted
a need of $125 million more in 2004 for the Alabama State Corrections budget. An
estimated 27,000 inmates inhabit prisons that were designed to hold only 12,000.
The release of non-violent inmates has not been the first step to alleviate the
problem of over-crowded prisons in Alabama. In July of this year the Corrections
Corporation of America, for the first time in its history, agreed to aid the
Alabama Department of Corrections by relocating 1,400 male, medium-security
prisoners to the Tallahatchie County Correctional Facility in Tutwiler, Miss.
However, the relocation was always intended as a temporary solution to the
problem. Now, Gov. Riley has introduced the Pardons and Paroles Bill.
This bill expands the Pardons and Parole Board from three members to seven
members and will divide it into two separate boards. This will hopefully give
the parole boards a chance to hear more cases and release 200 inmates per week
as opposed to the 75 to 80 which are released a week now. The intention is that
the release of non-violent inmates will leave room for more dangerous criminals
that would be more of a danger to society. The inmates released will be
those convicted of possession and distribution of drugs, felony DUI and theft of
property. Alabama is not the first state to enact of releasing non-violent
inmates. In December of 2002, Gov. Paul Patton of Kentucky’s plan to avoid his
state’s own $6 million budget deficit released hundreds of Kentucky inmates.
They were non-violent prisoners as well. University of Alabama criminal justice
professor Dr. Robert Sigler who is an expert on prison systems agrees with the
idea to release non-violent inmates. “Right now we’re at a point where
we’re putting a lot of people in prison who we really don’t need to; its not
a good use of our money. It doesn’t increase our safety,” he said. Dr.
Sigler also gave his opinion on the experience of released inmates in general,
not just the proposed to be released inmates. “Almost all people, if they
get a little bit of help at home, will make that adjustment back. Prison is a
pretty bad place,” Dr. Sigler said. (Dateline Alabama)
September 13, 2003
State prison officials, already contemplating the early release of 20 per cent
of the inmate population to shave costs, now face a new problem: The price for
providing adequate health care to the remaining prisoners may rise by tens of
millions of dollars next year. The increased costs became apparent as the
state received bids on a new health care contract, a contract that prison
officials say is better designed to comply with court orders and recent
lawsuits. The state, along with the current health care provider --
Birmingham-based NaphCare Inc. -- has been named in lawsuits for allegedly
neglecting to provide adequate care for Alabama inmates during the last three
years. An Atlanta-based human rights group recently sued the state,
alleging that the deaths of 38 HIV-infected inmates during a four-year period at
Limestone Correctional Facility could have been prevented with proper care.
Gov. Bob Riley has proposed adding about $16 million to the Department of
Corrections' $234 million annual budget. "When you underfund
something for decades, and this agency sees a population explosion of more than
1,000 inmates per year, you can't put a $16 million Band-Aid on it and think
it's going to solve all of our problems," said Brian Corbett, spokesman for
the Department of Corrections. Prison officials say some of that money
could help pay for the new health care contract. But much of the increase is
expected to be eaten by the additional costs of housing prisoners out-of-state,
a move made this year to comply with a court order to relieve severe
overcrowding in state prisons. State prison officials say they have no
choice but to revise the requirements in the health care contract. Corbett
said Friday that even if the Department can pay nearly double what it did during
the last three-year term, that amount won't be nearly enough to provide all the
health care services the department would like. Bids for the next
three-year contract were submitted last week, the lowest nearly double that of
the previous three-year term. The contract is scheduled to be awarded Oct. 6,
Corbett said, after the Legislature approves the new state budget. Seven
different companies, including NaphCare, offered bids ranging from $150 million
to more than $200 million for medical anor mental health services for the
three-year period. The previous three-year contract with NaphCare cost the
state nearly $90 million. NaphCare's current bid is among the lowest, at nearly
$155 million -- though NaphCare leaders said they could negotiate a less
demanding contract for less money. While NaphCare and the state do not
openly criticize or blame the other for any negligence, each has a different
perspective on how a new contract and an increase in funds would affect inmate
care. Corbett said the revised contract would give the state more control
over care -- something lacking during the previous three years. "The
problem is not so much with NaphCare but with the contract itself," Corbett
said. "The contract was not in the best interest of the state, because it
was not specific enough. Staffing levels, administrative policy, standards of
care, pool overages ... were not specific enough to give the department as much
control as we desired." In the old contract, Corbett said, NaphCare
"determined all administrative policies regarding delivery of the health
care. Therefore, they did not have to respond to requests as far as developing
treatment protocols and procedures." NaphCare spokesman David Davis
said that an increase in spending on inmate care was not the answer to improving
inmate health. "It's not that more money means better health,"
Davis said. "It has to do with facilities, operations, health care,
everything coming together. "Any health care provider is limited by
the facilities, the environment and the stipulations of the contract,"
Davis said. He would not elaborate on what specifically could be improved at
Alabama prisons. NaphCare maintains that it did not fail to do its duty as
laid out in the contract during its three-year term. (Al.com)
August 14, 2003
The quality and quantity of medical care for prison inmates is among
state services hanging in the balance in the Sept. 9 referendum on Gov. Bob
Riley's tax proposals. Prison Commissioner Donal Campbell has notified
more than 300 medical services vendors that they have until Sept. 10 - the day
after the vote - to file written proposals for providing medical services for
inmates during the next three years. If the tax plan fails, "We're
all going to have to go back and revisit our budgets and see where we cut and
where we don't cut," said Deputy Commissioner Terrence Jones. Jones,
whose duties include overseeing inmate medical care, said the detailed 73-page
request for proposals being sent to medical service vendors across the nation
proposes more services and controls in some areas than the present contract with
Birmingham-based NaphCare Inc. Unlike the present contract, the proposed new
contract would allow the state to withhold money due to be paid to the company
if required services are not provided, or to deduct the costs of bringing
services up to standards, Jones said. The proposed contract also would
require more dental services for inmates and more inmate health education and
training, and it would provide for termination of the contract for failure to
secure or maintain personnel described in the contract, Jones said.
Campbell notified NaphCare on May 2 that its $29.5 million-per-year contract
with the state would be canceled in 90 days, or about the first of August, but
he has extended the contract on a month-by-month basis until a new contract is
signed. Campbell told members of the state Legislature's prison oversight
committee several weeks ago that he can't sign a new medical services contract
until he gets a budget for the fiscal year starting Oct. 1, and that won't
happen until after the referendum. Jones wouldn't say Tuesday how many of
the more than 300 vendors invited to submit proposals have done so or have
expressed interest in doing so. NaphCare, whose services have been
criticized by Chicago consultants Jacqueline Moore and Associates and which has
been named as a defendant in inmate lawsuits, is among those vying for the new
contract. "Our hope is to continue to provide Alabama inmates health
care as we do across the country," said NaphCar spokesman David Davis.
"NaphCare is committed in providing quality and affordable health care to
the Alabama inmate population in accordance with the stipulations in the
contract with the Alabama Department of Corrections." NaphCare filed
suit against Moore and Associates last month, contending that their audit
reports contained "numerous inaccurate and unsubstantiated statements and
conclusions" that have damaged the company's reputation. (Al.com)
July 16, 2003
Alabama prison Commissioner Donal Campbell is quick to say that sending
inmates to private, out-of-state prisons to ease overcrowding is only a
temporary fix. Until, he says, more space is available in Alabama's prison
system. Campbell is correct in taking that stance. Indeed, paying to house
up to 300 female and 1,400 male inmates in private lock-ups makes sense only in
the short term. Long term, it's a loser, even at the bargain-basement rate of
$27.50 per day per inmate (about $10,000 a year). That's because the state
can't afford to watch its prison population grow at the current rate. The
inmates kept in Mississippi and Louisiana are farther from their families (some
of them mothers separated from their children) making visitations more of
a hardship. Plus, for the $27.50 per day, the inmates don't have access to the
programs they need to help them reintegrate into society, such as drug
treatment, job training and education. And don't think for a moment that
the price the state pays now when the private prisons are new with ample space
will be the same years from now when space even in private lockups might be
scarce. Private prisons are no bargain for Alabama.
June 23, 2003
Alabama might have to pay more to house 309
women inmates at a Louisiana private prison because of higher-than-expected
medical costs, owners of the prison said. "The medical issue is more
than we anticipated," Patrick LeBlanc, owner of LCS Corrections Services,
told The Birmingham News for a Saturday story. Alabama pays LCS $22.85 per
inmate per day to house women transferred from the crowded Tutwiler Prison in
Wetumpka to the private prison in Basile, La. That rate was approved
earlier this month by the Legislature's Contract Review Committee and is less
than the initial $24 daily rate agreed upon in April when Alabama began sending
women to the LCS lockup. Since then, LCS officials have realized Alabama's
inmates require more medical attention than Louisiana prisoners housed at Basile,
LeBlanc said. About 20 to 25 of every 150 Louisiana inmates require
prescription medication, he said. The Alabama prisoners' prescription needs are
more than double that. Alabama prisons spokesman Brian Corbett said the
state and LCS have not yet agreed upon a rate adjustment or any other
compromise. He said the Corrections Department chose which prisoners were sent
out of state based on low security risk, not medical problems. Corrections
Commissioner Donal Campbell this week asked LCS for proposals on the cost of
enhanced medical care. "He did ask them to put together something
from a cost-analysis standpoint to determine, if things weren't being met or
handled correctly, what would it take to make sure they were," Corbett
said. Inmate Linda Faye Knight was sent to Basile on June 12. She's still
waiting for blood-pressure medicine she's taken for the last 15 years, said her
sister, Victoria White of Birmingham. "She saw a nurse, but the nurse
told her the medicine was not there," White said. Her 46-year-old sister is
up for parole July 8 on a manslaughter conviction. (AP)
June 11, 2003
The Legislature's Contract Review Committee gave formal approval Thursday to a
plan to send women prisoners to a private prison in Louisiana. The Alabama
Department of Corrections transferred 140 women prisoners in April to the South
Louisiana Correctional Center in Basile, La., to relieve overcrowding at
Tutwiler Prison for women in Wetumpka. The state is under a federal court order
to reduce the population at the women's prison. Prison Commissioner Donal
Campbell has promised U.S. District Judge Myron Thompson that the number of
inmates at Tutwiler would be reduced from 1,000 to 750 by June 30.
Campbell originally made the transfers under an emergency contract, which did
not have to be approved by the Legislative committee. The committee approved a
one-year contract Thursday without comment, allowing the prison system to house
up to 300 inmates at the Louisiana prison for up to a year. The contract
with LCS Correctional Services Inc. calls for the state to pay $24 a day per
inmate to house the prisoners in Louisiana. (AP)
April 2, 2003
A Senate appropriation bill that will pay for efforts to reduce crowding in
Alabama prisons won final passage in the House on Tuesday. The bill will
give the Department of Corrections $2.7 million in emergency funding to reduce
overcrowding at Julia Tutwiler Prison for Women to comply with a federal court
order to reduce the prison population. That money would be used to move female
inmates to out-of-state prisons, probably in Louisiana. Rep. John Knight,
D-Montgomery, sponsored similar legislation in the House. He wants women to be
moved out of Alabama only as a last resort. Lucia Penland, director of the
Alabama Prison Project, a prison advocacy organization, said prisoners who
maintain close relationships with their families return to prison less often
than those who do not. "If they are two states away, that will not be
possible," she said. (Montgomery Advertiser)
March 15, 2003
The Birmingham company that holds the $30-million-a-year contract for
providing medical treatment in Alabama prisons faces tough questions about cost
overruns and the quality of its care. The pressure on NaphCare Inc. comes
from Donal Campbell, Gov. Bob Riley's appointee as commissioner of the
Department of Corrections. Campbell has had to ask the Legislature for
$6.9 million to cover extra prison health care costs, even as his legal staff
scrambles to defend lawsuits alleging that medical treatment of Alabama inmates
is so bad as to amount to cruel and unusual punishment, forbidden by the U.S.
Constitution. Campbell recently met with NaphCare officials, wanting
explanations for both the overruns and an outside monitor's reports that tend to
substantiate inmates' complaints about lax care. In 2000, prison health
care in Alabama was provided by Correctional Medical Services of St. Louis, for
roughly $26 million a year. But CMS had been working on a series of contract
extensions, and because of rising costs and a growing inmate population wanted a
new contract for more money. The Department of Corrections invited CMS and
other companies to bid on the work, and offers ranged from $38 million to $46
million. At that point, finance officials in the administration of Gov.
Don Siegelman bypassed the DOC legal staff and hired the Mobile law firm Miller,
Hamilton, Snider & Odom. But critics immediately questioned whether
any company could make a profit and provide adequate medical care to 27,000
inmates for such a sum. Indeed, while the $30 million contract may seem large,
it solidified Alabama's position as the state that spends the least per inmate
on health care. Florida -- whose prisons, unlike Alabama's, are accredited by a
national correctional health care board -- spends three times as much per
inmate. "The average state spends about $2,500 to $3,000 per inmate,
and Alabama's spending a little over $1,000," said Ron Shanksy of Chicago,
co-founder of the Society of Correctional Physicians. "You're off the
charts." Even before the state contract was signed in early 2001,
Jefferson County officials were complaining publicly about NaphCare's
performance in county jails in Birmingham and Bessemer. Last year, Jefferson,
Morgan and Madison counties all parted ways with NaphCare, finding new jail
health care providers amid complaints by inmates, family members and jail
officials. Last year also saw a rush of litigation against NaphCare and
the state Department of Corrections, alleging inadequate medical care for
Alabama prisoners. The Southern Center for Human Rights, an Atlanta based
nonprofit legal group, sued on behalf of inmates at Tutwiler Prison for Women.
A wrongful death suit was recently filed against NaphCare and DOC in Montgomery
County Circuit Court. The charge there is negligence in the sudden death of a
29-year-old Tutwiler inmate, Pamela Brown, in 2001. In all these suits,
NaphCare and DOC are co-defendants. One of the lawyers representing NaphCare is
Giles Perkins. That has raised eyebrows in the legal community because Perkins,
a former state Democratic Party official, is employed by the firm Miller,
Hamilton, Snider & Odom and helped run the state prison health care contract
negotiations won by NaphCare. But reports by Jacqueline Moore &
Associates, a Chicago consulting firm hired by the DOC to monitor NaphCare's
performance, tend to back up some complaints voiced by Alabama inmates.
Perhaps most alarming was her assertion that the death rate among HIV inmates at
Limestone was twice that of the national rate for such inmates. At several
institutions, she found high turnover and staff vacancies among medical
personnel. In her August 2000 review of Staton Correctional Facility,
which provides medical care for nearly 4,000 inmates at four central Alabama
prisons, she found that the sole physician had recently quit and six nursing
slots were unfilled. In an interview, Harrison described Moore's reports
as "inaccurate," and went on to suggest she tried to steer Jefferson
County's jail medical care contract from NaphCare to Prison Health Services, a
Brentwood, Tenn.-based company she co-founded and for which her ex-husband still
works. She dismissed Harrison's charge that she was trying to help PHS.
"I left that company in 1990," Moore said. "My ex-husband and I
don't speak." A former NaphCare dentist, Elcid Burkett, said medicine
was hard to come by for health care professionals working in Alabama prisons.
"I was buying my own peroxide," he said. NaphCare is no worse or
better than its predecessor CMS, according to Sam Eichold, a Mobile physician
who serves on a prison medical oversight committee. He thinks the companies have
done about as well as anyone can expect, given what Alabama pays per inmate.
"They cut corners," said Eichold, whose committee has expressed its
own concerns to DOC. "That's how they make their profit."
(Mobile Register)
February 7, 2003
MONTGOMERY Medical consultants hired to review health-care services in
Alabama
prisons have reported what a lawyer for inmates calls "serious
deficiencies." The audit
reports released Thursday were ordered last year by the Siegelman administration
to monitor health care services provided to prison inmates by NaphCare, a
Birmingham-based health management contractor.
Former Prison Commissioner Mike Haley and former Gov. Don Siegelman
refused repeated requests last year to release the reports, conducted at eight
Alabama
prisons between May and August. "This
is totally consistent with what the prisoners have been telling us, that they
have to wait for weeks for dental services, for things such as abscesses which
are so painful that some of the women are pulling their own teeth," said
Tamara Serwer of the Southern Center for Human Rights, which is representing
inmates in a pending federal lawsuit. "These are serious deficiencies in
health care services for
Alabama
prison inmates." (Al.com)
January 27, 2003
Gov. Bob Riley on Wednesday selected the former head of the Tennessee prison
system to lead Alabama's troubled Department of Corrections. Donal
Campbell, 51, takes over a prison system under court orders to reduce
overcrowding in its women's prison and to find more space for its male inmates.
Campbell said Alabama's problems are nothing new to him because Tennessee's
prisons dealt with the same issues in the late 1980s and early 1990s.
Tennessee uses private prisons to house about 4,500 of its 18,000 inmates -
something Campbell and Riley said they plan to consider in Alabama, which has
never used private prisons. Campbell said he's not in favor of privatizing
existing prisons but would consider privately run prisons to provide new space
for inmates. (Huntsville Times)
Alabama Legislature
September 9, 2007 Huntsville Times
The Alabama Medicaid Agency will get a $3.8 million contract with a company
with a checkered past, but a political cloud may linger over the transaction.
And the state Department of Corrections will get a $233.73 million contract with
a St. Louis company that bid $6 million more than the losing bidder for inmate
health care services. Democrats insinuate that politics may have played a role
in ACS Heritage Inc.'s winning the Medicaid contract even though its bid was
$500,000 higher than the next company. And the firm that won the prison
contract, Correctional Medical Services, Inc., was represented by former
Republican Lt. Gov. Steve Windom, a lobbyist with close ties to Gov. Bob Riley.
September 7, 2007 Birmingham News
The Legislative Contract Review Committee on Thursday delayed implementation
of a $223 million prison health-care contract after an official with a company
that bid $9 million less questioned the process. The panel also delayed a $3.7
million Medicaid contract to computerize medical records after lawmakers
questioned the company's performance in other states. The Contract Review
Committee reviews state agency contracts. Committee members can delay the
contracts for 45 days but do not have the power to cancel them. The Department
of Corrections, after taking proposals, selected Correctional Medical Services
Inc. of St. Louis to provide medical care to Alabama's more than 20,000 inmates.
Another company, Wexford Health Sources, had submitted the low bid that was
about $9 million cheaper than Correctional Medical Services'. Rep. Alvin Holmes,
D-Montgomery, and other legislators asked Corrections Commissioner Richard Allen
why the department had not selected the low bidder. Allen said Correctional
Medical Services scored slightly higher on bid reviews, which take quality of
care into account. "I don't know that Mr. Holmes would go to the cheapest doctor
in town," Allen said after the meeting. Lawmakers also questioned that the
prison staff who reviewed the bids included several former employees of CMS.
Allen said none had worked for the company in at least six years. "I have full
confidence in these people. There was no politics involved in this selection,"
Allen said. But Michael Davis, a lawyer representing Wexford, said company
officials wanted to meet with the commissioner before the contract was
finalized. Davis said company officials had questions about how bidders' scores
were determined.
September 5, 2007 Huntsville
Times
The state corrections commissioner was questioned by
legislators Wednesday over a $233.73 million contract for health care for
Alabama's nearly 26,000 inmates. Commissioner Richard Allen is seeking approval
of a three-year contract with St. Louis-based Correctional Medical Services Inc.
CMS would take over a contract now held by Prison Health Services Inc., of
Brentwood, Tenn. Sen. Parker Griffith, D-Huntsville, a retired physician,
endorsed the CMS contract, which would have two potential one-year renewals. "I
have a keen interest in (prisons), particularly the health care," Griffith told
the committee. "We're rapidly moving into the baby boomers going through the
prison system just like we're going through it outside the prison system."
Griffith said health care for convicts is a "major, major cost factor" for the
state, but he added that "we're capping it with this contract and I think it's
well thought out." The committee has the power to delay the contract for 45 days
but cannot stop it from being enacted. Some members of the Joint Legislative
Contract Review Committee questioned Allen about members of his staff who
formerly worked for the two private companies and were involved in the selection
process for CMS. A third company that submitted a proposal, Pittsburgh-based
Wexford Health Sources, was represented by an attorney who said he will ask for
an explanation of the grading process when the committee meets again today.
Allen acknowledged that Wexford's bid was about $6 million lower than CMS. "We
evaluated the contracts very carefully," said Allen. "All the bidders were told
that price would be 40 percent of the score and other things - innovations, cost
savings, those types of things - would be scored 60 percent." Allen said Wexford
scored third. Rep. Blaine Galliher, R-Gadsden, said he was concerned that
Department of Corrections employees who formerly worked for CMS and PHS were on
the team that graded proposals submitted by the three companies. But Allen
defended the process, calling prison health care "a very narrow specialty." "If
you look at the resumes of these (DOC) people, they have worked for several
companies, not just this company (CMS)," he said. "Nobody in our department has
worked for this company in the last six or seven years. They've also worked for
PHS. They've also worked for about a dozen other companies. They go back and
forth between the companies and state service."
July 12, 2007 All American Patriots
The Alabama Department of Corrections will put 5,763 acres of unproductive
and money-losing properties up for sale, bring state inmates back from Louisiana
prisons and put more inmates to work. Governor Bob Riley and Corrections
Commission Richard Allen said Wednesday that proceeds generated from the land
sales during the coming year will go toward prison infrastructure improvements
and not operating expenses. All property to be sold will be appraised,
advertised and sold through a public process to the highest bidder. Such a
process was used earlier this year when 540 acres of the Farquhar State Cattle
Ranch near Greensboro was sold for more than $1.6 million, which is higher than
its appraised value of $1.4 million. The properties being put up for sale are:
1,851 acres of the 2,215 acres at Red Eagle Honor Farm in Montgomery The
remaining 3,869 acres of the Farquhar State Cattle Ranch An empty and unused
16,000-square foot building on South Union Street in Montgomery 32 acres in
Wetumpka on Highway 231 North 10 acres at the old Kilby prison in Montgomery All
the properties are either unneeded or losing money. The Farquhar State Cattle
Ranch, for example, has lost approximately $377,000 during the past two fiscal
years and has lost almost $60,000 in the first six months of the current fiscal
year. "These properties are a financial drain on the taxpayers and aren't
needed," said Governor Riley. "It makes no sense to hold on to them. We will
sell them, relieve this burden on the taxpayers and use the money for some
long-needed improvements to correctional facilities." The Department of
Corrections expects the sale of the properties will bring in up to $22 million.
This is not the first time land owned by the Department of Corrections has been
sold. In addition to the sale earlier this year of 540 acres at the cattle
ranch, more than 630 acres of Corrections property was sold through the bid
process in 2003 and 2004 for $3.8 million. Governor Riley said the sale of idle
land would not be limited to the Department of Corrections, noting that several
agencies, including the Department of Mental Health and Mental Retardation, own
properties that may be sold. The Governor's office is working with state
agencies to determine what property they own is unneeded and could be sold. In
addition to selling unneeded property, the Department of Corrections will
terminate its contracts with two Louisiana-based companies and return
approximately 1,300 male and female inmates from private prisons in Louisiana.
All inmates in Louisiana will be back in Alabama by the end of November. That
move is expected to save the Corrections Department almost $10 million.
April 16, 2007 The Press-Register
Some members of a legislative oversight committee contend that Gov. Bob Riley's
administration broke the law on three no-bid contracts by failing to submit them
to the panel months ago. "If you have got a law, all departments in the Riley
administration have to follow the law," said state Rep. Alvin Holmes,
D-Montgomery, a committee member. "The same law applied to Don Siegelman that
applies to the Riley administration." During Riley's 2002 campaign for a first
term, the Republican blasted then-Gov. Don Siegelman, a Democrat, for his
administration's handling of no-bid contracts. Ken Wallis, legal advisor to
Riley, said recently that the administration is "absolutely" following state law
regarding all contracts, including the three questioned by some lawmakers. One
of the three was an emergency contract -- for prison health services -- that was
used for four months before the administration submitted the permanent deal to
the committee. Panel members said they learned about the other two contracts
through reporters. The prison contract totaled more than $56 million, while each
of the others was for $60,000 or less.
December 8, 2006 Ledger-Enquirer
Gov. Bob Riley's chief of staff, Toby Roth, is leaving to become a lobbyist and
will be replaced by Riley's senior adviser, Dave Stewart. Roth directed Riley's
campaign for governor in 2002 and then became his chief of staff. His last day
will be Dec. 15, Riley said Friday. Roth will open a Montgomery office for
Capitol Resources, a Jackson, Miss.-based lobbying company whose principals
include two nephews of Mississippi Gov. Haley Barbour. The firm lists many
clients, including Beau Rivage Resorts, eBay, Corrections Corporation of
America, Northrop Grumman Ship Systems, Rolls-Royce North America, and the
Mississippi Band of Choctaw Indians.
January 23, 2006 AP
Proponents of legislation to extend state contracts up to five years say it
could save the state money, but critics, including Lt. Gov. Lucy Baxley, say it
would allow an outgoing governor to lock in the next administration. The bill's
sponsor, Rep. Marcel Black, D-Tuscumbia, said Monday he hopes to get the House
to pass it Tuesday. The bill would still have to be passed by the Senate and
signed by the governor to become law. Black and Means proposed the legislation
at the request of the Fine Geddie lobbying firm, which represents many
corporations at the Legislature. Ben Patterson, a member of the firm, said it
has several clients interested in doing business with the state, including
Northrop Grumman. The firm's long list of clients also includes BellSouth,
Corrections Corp. of America, General Electric and Motorola, according to the
company's reports to the State Ethics Commission. They were major fundraisers
for Riley in the 2002 race for governor, with their political action committees
contributing more than $660,000.
March 12, 2003
With Alabama facing court orders to reduce prison overcrowding and a $500
million funding crunch, Gov. Bob Riley is turning to the private sector for
relief. As part of the plan to decrease the population at Tutwiler Prison
for women, the Department of Corrections has proposed transferring prisoners
out-of-state. Privatization -- or contracting state government services to
private businesses is not new -- as state and local officials nationwide
struggle to find ways to make government more efficient and cost effective in
tough financial times. The governor and prison commissioner Donal Campbell
proposed in February to move approximately 300 state inmates to private
out-of-state facilities as part of a plan to ease overcrowding at Tulwiler.
E.J. "Mac" McArthur, executive director of the Alabama State Employees
Association, doesn't want private industry involved in government functions.
Rep. John Knight, D-Montgomery, chairman of the House Government Finance and
Appropriations Committee, said he doesn't sense tremendous interest among
legislators in moving in the direction of privatization of prisons.
"I think the coin flips both ways. Some can point to cost-savings,
but there are horror stories in other states on prison privatization,"
Knight said. "Alabama prisoners should be Alabama's responsibility,
and we should live up to that responsibility. McArthur says state
employees worked hard to pass a 1999 law that provides for direct and effective
control over corrections institutions in the state in an attempt to head off
privatization. The law also forbids control of corrections institutions by
a "nongovernmental entity" without approval of both the Alabama House
and Senate. McArthur thinks that law would bar private prison construction
or operation in Alabama. It might, but that law did not stop the transfer
to out-of-state facilities after Campbell got an attorney general's opinion that
said it did not apply to such a move. James Barber, deputy director of the
Mississippi Legislative Peer Committee, said privatization may have peaked and
plateaued, based on what colleagues in other states have said. (Montgomery
Advertiser)
March 11, 2003
Legislation to ease the overcrowding crisis at Alabama's
prison for women appears to be on the fast track as lawmakers return today, the
first day of the 2003 regular session in which either house of the Legislature
can pass bills. Finance Director Drayton Nabers last week told the
Senate's General Fund budget writing committee that the $3.6 million would
partly be used to transfer the women prisoners to the private facility.
(Montgomery Advertiser)
Baldwin County Jail
Baldwin County, Alabama
Correctional Medical Services
April 26, 2005 Mobile Register
Scott Allen Winingear spent less than two months in the Baldwin County jail last
year before administrators concluded they were not equipped to control the
diabetic inmate's blood sugar, according to federal court testimony. So
concerned was the nursing staff about Winingear's condition, that officials had
him transferred to Mobile County Metro Jail, which has 24-hour medical services
on staff, Baldwin jail personnel testified. But in about three months at Metro
Jail, the 31-year-old Indiana man's blood sugar readings actually got worse,
according to the federal court testimony earlier this year. The case marks
another criticism of the Metro Jail system that has come under attack in recent
years and echoes findings of a nutritional consultant who reported last week
that the jail does not appear to be preparing different meals for diabetics and
other inmates with special needs. According to testimony at the sentencing
hearing, Winingear's problems at Mobile County Metro Jail stemmed from a switch
to a cheaper form of insulin and a diet that was not conducive to controlling
his diabetes. Testimony at the hearing indicated that the jails in Baldwin and
Mobile treated Winingear differently. At Metro Jail, Winingear testified, he
received the same meals everyone else did. He said the diet consisted of
high-carbohydrate foods like spaghetti and white bread, along with sugar-laden
items like fruit cocktail and Kool-Aid. Unsweetened alternatives were not
available, he said. Winingear testified that his parents put money in his jail
account but that administrators deducted those funds to pay for his medical
care. As a result, he testified, he was unable to supplement his meals by
purchasing snacks from the jail store. Winingear contended in his testimony that
the jail gave him Novolin 70/30, a cheaper mix of Humulin-R and Humulin-L that
he said was not as effective. A former nurse at Metro Jail, who asked not to be
identified out of fear she might face professional reprisals, said the jail
switched insulins in the fall. She also said nurses often did not test diabetic
inmates' blood sugar levels frequently enough. "The nurses were pushed so
hard that there hardly was a time in the day when we were not so far
behind," she said. The nurse said administrators also showed little
flexibility in making sure diabetics were regularly monitored. "If they
were at a religious service or something else when blood sugars were tested, the
unwritten policy was they would do without," she said. Correctional Medical
Services, a St. Louis company that has provided health services to Metro Jail
inmates since July could not immediately offer a response. In testimony at
Winingear's sentencing hearing, an administrator with the firm acknowledged that
a nurse at one time was late making rounds to check blood sugar levels and
administer insulin. Carla Wasden, the jail's health services administrator,
testified that it was possible the nurse was late more than once.
Correctional
Medical Services
December 17, 2004 Corrections Professional
Private prison employees' terror claim survived dismissal. Case name: Bullin et
al.,v. Correctional Medical Services Inc., No. 2030573 (Ala. Civ. App.
11/19/04). Ruling: Because private prison employees claimed they suffered mental
anguish as a result of their employer's failure to properly implement policies
to protect them from the prison population, their claim was not covered under
the Alabama Workers' Compensation Act. Accordingly, their claim survived
dismissal and will proceed. Summary: In August 2002, Jamie Bullin, Lisa Johnson
and Tabitha Manuel brought a civil action against Correctional Medical Services
Inc., three individuals employed by the Alabama Department of Corrections, and
several fictitiously named defendants in the Baldwin Circuit Court. The
employees collectively alleged that CMS had negligently failed to formulate
policies for the protection of the employees from the wrongful conduct of the
prison population. The employees said they had been terrorized and caused to
suffer severe and continuing mental anguish and emotional distress as a
proximate result of CMS' omissions. The Baldwin Circuit Court transferred the
cause to the Montgomery Circuit Court, and CMS filed a motion for summary
judgment. CMS alleged that the employees' exclusive remedy was a claim under the
Alabama Workers' Compensation Act. The employees contended that their claim
alleged purely psychological injuries, therefore the claim was outside the scope
of the act's exclusivity provisions. The trial court granted CMS'
summary-judgment motion, and the employees appealed. The Alabama Court of Civil
Appeals held that the employees' claim against CMS was not barred by exclusivity
provisions of Workers' Compensation Act because the employees' injuries were
purely psychological in nature. The "injury" the employees complained
of expressly included mental injuries that had neither been produced nor
proximately caused by physical injury to body. The decision of the lower court
was reversed and remanded.
Donaldson Prison
Jefferson County
Prison Health Services
March 18, 2005 Birmingham News
The administrator over health care at Donaldson Correctional Facility was
fired for failing to improve medical care at the beleaguered lockup, but not
before issuing repeated warnings about inadequate staff. Stephanie Lawson, a
registered nurse employed by the private contractor Prison Health Services, said
she was especially frustrated that no full-time physician was assigned to the
western Jefferson County prison, which houses about 1,625 men. "I was
terminated for lack of progress at the site, and it's an impossible site to
manage with the staff that PHS has allocated for health care," Lawson said.
"It's just wrong." "It really did kind of all tie in," she
said. "How can I be expected in 10 months to turn this place around when
there is not even adequate security?" She spoke highly of the officers but
said they often were tired. A few men sought care in the health unit for chest
pains or headaches. "A body can only take so much," Lawson said.
Lawson's staffing complaints are similar to those raised by Dr. Valda Chijide,
the former HIV doctor at Limestone Prison. Chijide resigned earlier this year
after sending PHS several memos detailing inadequate support and staffing at the
north Alabama prison. Lawson's firing leaves Donaldson minus experienced staff
in the two top posts, overseeing the prison and the health care unit.
March 18, 2005 WHNT19
A fired medical administrator said Donaldson Prison in Jefferson County needs a
full-time doctor before medical care improves at the overcrowded facility.
Stephanie Lawson was fired in early March, the same week Warden Stephen Bullard
was placed on administrative leave after writing a memo about inadequate
staffing and poor conditions. Corrections officials said Bullard was placed on
leave because of health problems associated with his job. Lawson was employed by
the private contractor Prison Health Services. She said she was fired for lack
of improvements in medical care at the prison. Lawson made the comments in an
interview with the Birmingham News. P-H-S has declined to comment on Lawson's
termination or replacement. Her staffing complaints are similar to those raised
by another physician at Limestone Prison. Doctor Valda Chijide resigned earlier
this year after sending P-H-S several memos detailing inadequate support and
staffing at the prison.
Limestone
Correctional Facility
Limestone County, Alabama
Prison Health Services (formerly run by NaphCare)
August 1, 2005 New York Times
If there was ever a prison that needed help, it was Limestone Correctional
Facility. Even within the troubled Alabama penal system, this state compound
near Huntsville was notorious for cruel punishment and medical neglect. In one
drafty, rat-infested warehouse once reserved for chain gangs, the state
quarantined its male prisoners with H.I.V. and AIDS, until the extraordinary
death toll - 36 inmates from 1999 to 2002 - moved inmates to sue and the
government to promise change. Alabama's solution was to fire the local company
in charge of medical care and hire Prison Health Services, the nation's largest
commercial provider of health care behind bars. Prison Health's solution was to
recruit Dr. Valda M. Chijide, an infectious-disease specialist who arrived last
November with a lofty title: statewide coordinator of inmate H.I.V. care. She
was an unlikely candidate for the job in one sense, having never stepped inside
a prison. But it did not take her long to conclude that the chaos was
continuing, and that much of the problem was Prison Health itself. Though the
company had promised the help of other doctors, she said, she was left alone to
care for not only the 230 men in the H.I.V. unit, but the 1,800 other prisoners,
too. Nurses were so poorly trained, Dr. Chijide said, that they neglected to
hand out life-sustaining drugs or gave the wrong ones. Medical charts were a
mess, she said, and often it was impossible to find such basic items as a
thermometer, or even soap. Dr. Chijide lasted barely three months. After she
complained in writing, Prison Health suspended her for reasons it would not
disclose, and she quit. Her short, frantic stint - battling for drugs,
hospitalizations and extra food for skeletal inmates, she said - was not unusual
in the world of Prison Health Services, which has had a turbulent record in many
of the 33 states where it has provided jail or prison medicine. But her story, a
rare firsthand account of a doctor in charge of a prison's health care, offers
an intimate glimpse of the company's work at a moment when the need for change
could not have been more pressing, and the spotlight on Prison Health could
hardly have been more intense. Limestone is not the only
hitch in Prison Health's effort to transform a penal backwater. Two hundred
miles south, at the state's Julia Tutwiler Prison for Women, another federal
monitor reported that Prison Health lacked any "organized and structured
medical program," and deplored the care given two inmates who died last
year. There is, of course, a higher authority that Prison
Health must answer to: the state official charged with making sure it lives up
to its contract. That person is Ruth Naglich, who as associate commissioner of
the Alabama Corrections Department is supposed to review the company's work.
Three years ago, Ms. Naglich was a Prison Health executive, vice president for
sales and marketing, at the company's headquarters outside Nashville.
May 6, 2005 Birmingham News
Prison Health Services has been under the gun, and rightly so, for the way
it's provided medical care to Alabama inmates. The Tennessee-based company was
hired to improve health care in Alabama prisons, which had been sued over
services provided by a previous contractor. But the care in prisons remains
unacceptable. A recurring theme is a shortage of doctors, nurses and other staff
to tend to the inmates, with predictable consequences. At best, the care has
been inadequate. At worst, it may have been downright deadly. The state of
Alabama, which has the ultimate responsibility (and liability) for what happens
to prisoners in its custody, has every reason to demand better from Prison
Health Services. And withholding part of the company's payment is an appropriate
place to start. The state is reducing the company's $143 million contract by
$1.2 million for staffing shortages, and may cut more if staffing levels aren't
increased. Why not? The state is paying Prison Health Services to provide a
certain number of professionals and support staff to administer inmates' health
care. If the company is not meeting the requirements of the contract, it should
not expect to be paid as if it were. Besides, what's really at stake here is
bigger than money. Too many inmates are not receiving proper care for chronic
conditions, and some are dying unnecessarily as a result, according to doctors
who monitor prison health care for the courts. At the Tutwiler women's prison,
the monitor found that three inmates who died last year received poor or
incomplete care, and two of them may have died as a result. At Limestone
Correctional Facility, which houses HIV-positive inmates, the monitor found
prisoners weren't getting crucial medication and that a required HIV specialist
was not on staff. It's true that turnover has been a big problem. Prison Health
Services has had problems retaining doctors and other health care workers; some
have left complaining they didn't have the resources to do their jobs. But the
bottom line is that the company agreed to provide a certain level of services,
and it has been failing to do so. At the very least, the state should adjust the
payments to Prison Health Services accordingly. So the company is losing
dollars. Inmates are losing their lives.
May 5, 2005 Birmingham News
Alabama's prison medical provider is losing $1.2 million from the state
because it has not provided enough doctors and nurses to state prisons. Prison
Health Services has not fulfilled minimal contract requirements that call for a
certain number of doctors, nurses, administrators and support staff. The company
is not being fined, Department of Corrections spokesman Brian Corbett said, but
DOC will not have to pay $1.2 million of its contract. The department hired PHS
in November 2003. The company's three-year, $143 million contract could see more
reductions if the medical staff does not increase. Tennessee-based Prison Health
Services also has come under fire in recent months by physicians who are
monitoring two prisons under federal court settlements. A lawsuit alleging
inadequate medical care is pending at a third prison, the Hamilton Aged and
Infirm facility, where the oldest, sickest men are housed. Dr. Michael Puisis,
court monitor at Tutwiler Prison for Women, said in a March report that prison
medical staff provided poor or incomplete care to three inmates who died last
year. He suggested that negligence might have led to two of those deaths. The
third, a suicide, was likely the result of inadequate care by mental health
workers, who are employed by a different company. Two deaths since then are
still under investigation. Still, attorneys for the
Limestone inmates have asked the federal courts to hold the state in contempt
for failing to abide by the conditions of the settlement. Last year, the state
agreed to dozens of improvements, centering on added medical staff and more
humane housing conditions. Doctors keep leaving, some after claiming PHS did not
allow them the flexibility and resources to practice medicine as they want to
do. "There are just as many complaints raised after the settlement as
before," said Gretchen Rohr, an attorney with the Atlanta-based Southern
Center for Human Rights, who represents Alabama prisons in both cases.
April 29, 2005 Tuscaloosa News
Recent complaints by HIV inmates over medical attention at Limestone prison
are "misleading and inaccurate," attorneys for the prison system and
its health provider said in asking a federal judge to dismiss a contempt motion.
The attorneys' filing says the state Department of Corrections and Prison
Healthcare Services have taken adequate steps to comply with a settlement over
housing and medical care for some 240 HIV inmates at the state prison in
Limestone County. The document was in response to a complaint filed last week by
inmate attorneys at the Atlanta-based Southern Center for Human Rights. The
complaint said the prison system and health provider have yet to show they are
carrying out any plan to correct "extensive noncompliant acts."
Southern Center attorney Gretchen Rohr said the plaintiffs have asked U.S.
District Court Judge Karon Bowdre in Birmingham to hold the state in contempt of
court for failing to follow the April 2004 settlement. Though
DOC and PHS concede that they don't have a permanent HIV specialist as required
by the settlement, they "have worked tirelessly to retain" one,
according to the court filing. They said several candidates have lost interest
in the position after learning about the highly publicized complaints of the
plaintiffs. The
post opened after Dr. Valda Chijidi resigned earlier this year. He had sent PHS
several memos detailing inadequate support and staffing at the north Alabama
prison. The plaintiffs allege that inmates still have to provide
emergency care to other inmates because an adequate nursing staff is not
available - a claim denied by the prison and PHS. Rohr said she appreciates the
efforts to improve conditions at Limestone, but remains skeptical about the plan
actually being implemented. "For a long time we've been hearing that they
have a plan and voluntarily are taking action. Not to rain on your parade, but
we've heard it before," she said.
February 19, 2005 WPMI
Attorneys for 240 HIV-positive prisoners at Limestone Correctional Facility have
accused prison officials of violating an agreement to improve their medical
care. The north Alabama prison has no specialist for them and has constant gaps
in medication, the attorneys claim in a contempt motion filed Thursday in U.S.
District Court. The attorneys have asked U.S. District Court Judge Karon Bowdre
in Birmingham to hold the state in contempt of court for failing to follow the
April 2004 settlement in a lawsuit over inmate housing and medical care.
Department of Corrections attorney Kim Thomas said Friday she couldn't comment
on the motion until she has read it. According to the motion, two physicians,
hired in the last eight months as part of the settlement, recently resigned. One
of the doctor's memos detailed dozens of medical shortcomings, including a rat
in the exam room and chaotic record-keeping. Dr. Valda Chijide wrote of being
unable to care for patients because of disorganization in the medical unit and
because prison staff has overruled her medical decisions. Once she walked in on
a heart patient with chest pains who was trying to give himself nitroglycerin
because no nurse was in sight, she wrote. "The law of diminishing returns
sets in after riding on a skeletal staff and scanty resources for so long,"
Chijide wrote in a Jan. 25 letter to supervisors at Prison Health Services, the
private prison medical company that Alabama contracts with to provide medical
care at all state prisons. Now, one physician handles care for more than 2,200
prisoners, including the HIV Unit. A PHS supervisor in Montgomery also has been
filling in, Keldie said. "The state is ultimately the one who is
responsible for the medical care and the state should be forcing PHS to
implement the settlement agreement that we've reached," said Joshua Lipman,
a Southern Center for Human Rights attorney. "What they've done so far is
pretty appalling."
May 25, 2004
A settlement has been reached in a lawsuit against the state Department of
Corrections and its former medical provider, claiming HIV-positive inmates at
Limestone Correctional Facility were not given adequate health care. The
settlement, reached after several months of negotiations mediated by Magistrate
Judge John Ott, was filed in the federal district court in Birmingham on Friday.
The terms of the settlement, set to be signed at a hearing Wednesday, were
not disclosed. David Lipman, attorney for the four HIV-positive inmates
named as plaintiffs in the suit, has argued that prison medical provider
NaphCare Inc. did not adequately treat the inmates and ultimately hastened some
inmate deaths in 2002. The Department of Corrections has since changed
medical providers. (Gainesville Sun)
March 19, 2004
Some of the sickest men in Alabama prisons live in drafty cells in a building
with broken windows. They must stand in line in the middle of the night for
their pills. And several have died prematurely because of gaps in medical care,
according to a report released Thursday as part of a lawsuit against the prison
system. Dr. Stephen Tabet, an infectious disease
specialist from Seattle, first documented the harsh conditions at Limestone
prison's HIV unit last year. When he returned for a follow-up visit, he found
few improvements. "More strongly than ever, I feel the Limestone
Correctional Facility is in dire need of outside intervention and
oversight," Tabet wrote after his Feb. 23 visit to the prison, where all of
Alabama's male HIV-positive inmates, about 250 men, are housed. "Patients
continue to die because of the failure of the medical system," he wrote.
The Department of Corrections strongly disagrees with the report's conclusions,
a spokesman said. "It is important to note that this report is
written by a trial witness, hired by plaintiff lawyers," said DOC spokesman
Brian Corbett. Tabet has been reviewing HIV Unit medical care for the
Southern Center for Human Rights, an Atlanta-based law firm representing
HIV-infected prisoners in a class-action lawsuit against the state. His
August 2003 report documented conditions leading to 39 deaths since 1999.
Thursday's follow-up looks at five new deaths in five months. One patient
dropped a third of his weight in five months, to 110 pounds, before dying in
February. A doctor prescribed a high protein supplement for 35-year-old Gerald
Lewis, but the kitchen wouldn't provide it. Another man arrived at
Limestone with active tuberculosis, but his medical records from another prison
did not follow. Alfred Thomas, 42, was placed with all the other HIV patients,
potentially exposing them to the disease. No one at Limestone knew about his TB
until an autopsy following his October death. Prisoner Nathan Sullivan
began suffering with low oxygen levels a week before he died. "I am so
sick, I can't even walk," he told a nurse who made notes in his files.
"Inmate crying, praying to God to deliver him from his illness. Achy head
to toe, nausea, headache, diarrhea after taking meds," she wrote.
Sullivan was suffocating, and died at a Huntsville hospital. Ambulance personnel
initially refused to take him from the prison because of his oxygen level,
according to the specialist's report. One of Tabet's gravest concerns is
lack of critical medication and middle-of-the-night pill call. "The pill
line is a disaster," he wrote. Many medications were not on hand, and
patients were sent away without them, Tabet wrote. Not all bad news:
There have been some improvements since Tabet's first report. Before, the
HIV inmates lived in a crowded, converted warehouse. Currently, they live in
cells in another building. But some of the windows are broken and covered with
plastic or blankets. The doctor called the situation "unbearable for these
immune-compromised patients." The prison added a part-time physician
to its previous staffing of one physician, but staffing remains below the
National Commission on Correctional Health Care guideline of 110-physician hours
per week for a prison with 2,200 inmates. Since Tabet's first visit, DOC
has switched medical contractors and spends more money on prisoners' care
systemwide. The department hired Tennessee-based Prison Health Services
for medical care and Mental Health Management Services for mental health care in
November. The 3-year contracts are worth $172 million. Previously,
Birmingham-based Naphcare held the contract which costs the state $135 million
over three years. Prison Health Services officials issued a written
response to the report, but declined to answer questions. Company Vice
President Larry Pomeroy described the medical care as appropriate and high
quality. "All clinical and operation policies implemented by PHS
within the ADOC system, including the Limestone facility, are in compliance with
national standards of health care delivery as established by the National
Commission of Correctional Health Care," Pomeroy wrote. Corbett at
DOC said, "... we are in the process of addressing the complaints and
resolving the issues in compliance with national health care standards as
established by the National Commission of Correctional Health Care."
Alabama's prisoner health care costs remain the lowest in the country. The state
spends about $5.50 per prisoner per day. The national average is $7.38.
Despite the new contract, much of the Limestone medical staff has not changed
since before the lawsuit was filed, said Gretchen Rohr, an attorney with the
Southern Center for Human Rights. "It's key they somehow show us that the
new contract has been properly implemented," Rohr said. "We have not
seen any evidence of this implementation." The trial in the Limestone
case has been scheduled to begin May 17 before U.S. District Judge Karon Bowdre.
(Al.com)
August 29, 2003
A health care contractor blasted for allegedly inadequate care of
HIV-infected patients at Limestone Correctional Facility plans to bid for
another statewide contract with the Department of Corrections on Sept. 10.
A 125-page report released Wednesday by Dr. Stephen Tabet, hired by plaintiffs
in a lawsuit, said poor medical care and inadequate facilities caused or
accelerated many HIV-related deaths at the Capshaw prison. A spokesman for
the contractor providing the Capshaw prison's health care, Birmingham-based
NaphCare Inc., said his company is complying with all department requirements,
but NaphCare's $29.5 million contract with the state, covering all state
prisons, dictates staffing levels. The Limestone prison houses 2,260
prisoners, about 200 with HIV. NaphCare spokesman David Davis said his
company has handled the DOC's health care only since March 2001. He said there
have been only 14 HIV-related deaths at Capshaw since . Tabet discussed 38
deaths in his report, but many occurred before 2001. "Dr. Tabet's
engaged by, employed by, and I suspect wants to be employed again by, the
plaintiff," Davis said. "Obviously the plaintiff does not
understand the contract that NaphCare operates under with the DOC, Davis said.
DOC Commissioner Donal Campbell notified NaphCare of his intent to terminate its
contract shortly after Gov. Bob Riley appointed him to the post. Davis
said NaphCare will submit a bid higher than its current charges because of more
stringent DOC requirements. (Decatur Daily)
Mobile County
Metro Jail
Mobile, Alabama
Correctional Medical Services
January 28, 2006 Mobile Register
A woman who was jailed in Mobile last year went into a diabetic shock and nearly
died because officers and medical staff denied her proper medication and ignored
her problems, a federal lawsuit claims. The suit, filed last month in U.S.
District Court, seeks unspecified damages from Mobile County Sheriff Jack
Tillman, Warden Mike Haley, the private company that provides medical services
and several employees of the firm and the jail. Lawyers for the Mobile County
Sheriff's Office and Correctional Medical Services denied the allegations in
written responses filed in court this month. Lofton, 33, was booked into the
jail Feb. 23 on a charge of driving on a revoked license. The insulin-dependent
diabetic was not evaluated until 10 hours later, according to the complaint. The
lawsuit states that Lofton told medical personnel that she takes two shots of
insulin every day, but staffers did not provide her with any insulin until 4
p.m. the following day. At that time, according to the suit, medical staffers at
the jail gave her insulin from a bottle given to all diabetic detainees.
March 5, 2005 Mobile Register
A federal prisoner who was being held at Mobile County Metro Jail tried to
commit suicide shortly after officials took away his anti-depression medication,
according to documents filed in U.S. District Court. Sean Gaston Atwood's lawyer
asked a federal judge in December to transfer the man to a federal medical
facility. The motion, which Chief U.S. District Judge Ginny Granade granted Dec.
9, states that Atwood tried to hang himself less than a month after his arrest
Oct. 27 for escaping from the custody of U.S. marshals. Atwood had been
prescribed a drug called seroquel by the Federal Bureau of Prisons, but Metro
Jail staff took it away amid concerns that other inmates had abused the
medication, according to the motion. Assistant Federal Defender Lyn Hillman said
jail staff indicated that they had banned the medicine because some inmates had
been using it to get high. She said a doctor should have examined her client and
replaced the drug with another medication. Jail Warden Mike Haley declined to
discuss Atwood's case in detail, citing federal privacy laws regarding medical
treatment. He said medical personnel working for Correctional Medical Services,
a St. Louis firm hired by the jail to provide health care, determine which drugs
inmates receive. Haley referred other inquiries to Dr. Charles Smith, a Mobile
psychiatrist who works for Correctional Medical Services. "Within that one
question that you have asked, there are a half-dozen thorny questions, difficult
questions," said Smith, who declined to comment further.
Perry County Correctional and Rehabilitation Center
Uniontown, Alabama
Louisiana Correctional Services
May 3, 2006 Selma Times Journal
The city of Uniontown welcomed a new business Wednesday, one which is likely
to employee more than 100 Perry County residents, but it wasn't the sort of
commercial site where officials and dignitaries usually hold ribbon-cutting
ceremonies. This ribbon-cutting took place in the shadow of walls, watchtowers
and razor-wire, as Black Belt officials celebrated the completion of the Perry
County Correctional and Rehabilitation Center. Louisiana-based LCS Corrections,
a private prison operator that houses a number of female Alabama inmates at the
South Louisiana Correctional Center in Basil, La., will administer the facility.
State Sen. Bobby Singleton, who helped attract LCS to Perry County three years
ago as a state representative, said the city, county and surrounding area should
be proud of the facility. "We're never proud to be incarcerating someone, "
Singleton said, "however, I feel we've partnered with good corporate citizen, on
that's looking toward rehabilitation and other positive programs in their
facility."
Pine Prairie Correctional Center
Pine Prairie, Louisiana
Louisiana Correctional Services
February 22, 2006 Pickens Herald
The Pickens County Commission in a press briefing last Tuesday after their
regular meeting questioned the state’s motives in housing several hundred
prisoners in Louisiana when they could easily house them at the Pickens County
Jail at a cheaper rate. County Attorney Buddy Kirk addressed the Herald with
four of the five commissioners present (Commissioners Earnest Summer-ville,
William Latham, Willie Colvin and Ted Ezelle were present; Tony Junkin was
absent) about the matter after the Commission became aware that the state had
moved 140 male prisoners from the Bibb Correctional Facility in Brent, Ala. to a
private prison over 300 miles away in Pine Prairie, La. The Commission has
contacted the Ala-bama County Commission Association about the matter, said
Kirk, to ask for their help in approaching state officials about this curious
action. Brian Corbett, a spokesman for the Ala-bama state prison system, told
the Associated Press last Monday that the state plans to move 500 inmates from
the Bibb County facility to the Pine Prairie Correctional Center in central
Louisiana, a private prison operated by LCS Corrections Services Inc. The
sticking point for the Pickens County Commission is that not only is the state
having to carry the expense of transporting the prisoners to another state but
are willing to pay $29.50 a day per inmate to house them there. The state only
pays counties $1.75 per day to house state prisoners in county jails. “It
doesn’t seem right to the Commission,” said Kirk, who noted that the state will
virtually drive right by Pickens County from Bibb County to travel 300 miles to
Louisiana. Furthermore, Kirk said if a prisoner has to meet with his attorney,
it is a general rule that the state will have to pay that attorney’s expenses if
the prisoner is housed far away.
February 16, 2006 Montgomery Advertiser
How willing would you be to do business with a company with a record of
legal problems, even if it was the low bidder? Most Alabamians, we'd wager,
would have some reservations about that -- and Alabamians certainly should have
reservations about their state sending prison inmates to a private prison. For
years, the Advertiser has expressed serious concerns about the use of private
prisons. Nothing reported from the ones involved in state contracts has eased
those concerns. The Birmingham News reported this week that the Department of
Corrections has begun transferring male inmates to a private prison in Pine
Prairie, La. The prison is operated by Louisiana Corrections Service, which also
operates a facility in Basile, La., where Alabama has housed about 300 female
inmates since 2003. The reason for using these facilities is the chronic
overcrowding of Alabama's prison system, which is the subject of constant
litigation. The transfer of male inmates -- eventually about 500 of them -- is
an effort to ease the backlog in county jails of state inmates who haven't been
sent to state prisons because there is no space for them. The overcrowding
problem is at present intractable, given Alabama's sentencing structure and its
decades of failing to address the shortcomings of a system now bulging with
almost twice as many inmates as its facilities were designed to handle. LCS will
house the male inmates for $29.50 per day per inmate, but how much of a bargain
is that? There are important issues inherent in any private prison operation.
This is not someone's hobby; this is a for-profit enterprise. That's fine in
most pursuits; in fact, it is the core of the American economy. But
incarceration is a solemn obligation of the state. Depriving individuals of
liberty is serious business and the state, even though justified in doing so,
has an undeniable responsibility to those individuals. A for-profit prison has
financial considerations that a state facility does not. It has profit
expectations from its investors, and these could all too easily lead to
dangerous corner-cutting that compromises the safety of inmates and potentially
the public as well. Unlike the state, a private prison operator has no stake in
the rehabilitation of inmates vs. the mere warehousing of them. Add to those
concerns -- inherent in any private prison operation -- the legal troubles at
LSC facilities and it is easy to see why Alabamians should be uncomfortable with
this arrangement. Last week, the News reported, a former supervisor at Pine
Prairie was convicted of rights violations and witness tampering in the beating
of an inmate. Earlier, four guards at the Basile facility were indicted on
sexual abuse charges. Problems can occur at state prisons, of course, but there
the state has direct authority to act, to set employment standards and to
otherwise control the addressing of problems. That is largely lost when private
prisons are used. The private prison issue is not going to fade away. LCS is
working with officials in Perry County to open a private prison there. The
facility, located outside Uniontown, will be ready in a few months. The
Department of Corrections says there is no agreement for it to place prisoners
there, but clearly there will be great political pressure to do so. This is a
poor approach to prison issues. A far better one is broad reform of Alabama's
sentencing structure, which now sends to prison far too many people who could
serve their sentences in community-based corrections facilities with drug
treatment programs and work opportunities -- without presenting a significant
threat to the safety of the populace. Funneling non-violent offenders into
prisons is always costly and seldom productive. Absent this kind of reform of
the current system, inherently unsound practices such as the use of private
prisons will continue -- not because they are better, but because they are
cheaper.
February 16, 2006 Ledger-Enquirer
Tough on crime, or on taxpayers. Last week, Alabama's prison commissioner
went over the wall. And who could blame Commissioner Donal Campbell for
resigning? He had been given the literally impossible task of operating an
Alabama prison system with too many inmates and not nearly enough money. Not
only is he set up for failure, but he is also set up to go to jail himself for
not obeying court orders to relieve crowding. Of course, he can't build prisons
out of his own pocket, and the Alabama legislature isn't about to spend precious
tax dollars on inmates, so what could the commissioner do but throw up his hands
and walk away? "I wouldn't want that job," said Lynda Flynt, executive director
of the Alabama Sentencing Commission. She knows what she's talking about, having
worked closely with Campbell to alleviate crowding. Knowing they're going to
have a problem filling a position that includes perks such as being party to a
lawsuit, state officials are finally scrambling to do something. On Monday, the
state announced that it is going to send 500 state inmates to a private prison
in Louisiana. The private prison company there already houses more than 300
Alabama inmates. At $29.50 a day per inmate, that's going to cost Alabama
taxpayers about $24,000 a day. That's Alabama tax money that's flowing into the
Louisiana economy. If Alabama would build the prisons it needs (or consider
sentencing reforms that might ease the stress on the system) some of that cash
might stay home. Or some of it might be sent to Alabama counties that are
picking up a huge tab for housing state prisoners. As of last December, there
were about 100 state inmates being housed in Russell, Lee and Chambers County
jails. It costs counties about $30 a day to house a state prisoner, but the
state pays the counties about $1.75 a day. So housing those prisoners costs East
Alabama taxpayers more than a million dollars a year, while the state is sending
more than $8 million a year to Louisiana private prisons. If the Alabama
legislature is going to insist that this many people be in prison, then the
lawmakers have the moral responsibility to see that there is space to house the
inmates. If you're going to be tough on crime, then you're going to have to be
tough enough to pay the piper. -- Michael Owen, for the editorial board
February 13, 2006 AP
A total of 140 medium-security male prisoners were transferred Sunday night from
Alabama to a private correctional facility in Louisiana, the first of 500 to be
moved in the latest attempt to ease overcrowded cellblocks. The prisoners were
transferred from Bibb Correctional Facility in Brent to Pine Prairie
Correctional Center in Pine Prairie, La., in an effort to make room for state
inmates who are in county jails in violation of an Al |