Lackawanna
County Jail, Lackawanna County, Pennsylvania
December 15, 2009 Times-Tribune
County commissioners are expected to sign a new contract with the
current Lackawanna County Prison medical care provider today that will
ensure the cost of medical care at the prison, in the future at least,
is not kept secret. But the new contract will be signed despite
Correctional Care's refusal to hand over, or make public, detailed
financial records to prove what the cost of medical care at the prison
has been during the last five years. Meanwhile, the commissioners and
county controller's office approved paying $114,083 to Correctional Care
to cover hospital bills, $75,000 of which was paid without receipts to
back up the payment. Not until last month were county officials given
access to the records, and only then under a confidentiality agreement,
which barred discussing or making copies of the records, or taking
notes. Majority Commissioner Mike Washo said the county prison board, of
which the commissioners are a part, made demands of Correctional Care,
and those demands have been met. "We may not have been fully satisfied
with (Correctional Care) not releasing records, but we have to look at
the impact on the county budget. We have to look at the whole picture.
I'm confident we made the right choice," Mr. Washo said. Though a
confidentiality agreement is in place, the county still has a lawsuit,
filed in September, to compel Correctional Care to make public its
financial records related to medical service at the county prison. Part
of the suit is to satisfy the state Office of Open Records, which ruled
that financial records related to Correctional Care's pharmacy must be
turned over to the president of the local chapter of a Catholic human
rights advocacy group. The group, Pax Christi, represented by the ACLU
of Pennsylvania and Cozen O'Connor law firm, has joined the suit on the
county's side. While the county had refused to pay Correctional Care any
additional expenses without first seeing receipts for payments - the
exception is a $143,660 monthly bill required by the previous contract -
the commissioners last month approved two payments to the vendor for
hospital bills. One payment, worth $39,083, was made so Correctional
Care could settle a lawsuit filed by Community Medical Center against
the prison vendor and the county for $135,000. The three parties settled
the matter out of court, said county solicitor Larry Moran, and the
lawsuit was discontinued. CMC spokeswoman Jane Gaul declined to comment
on the settlement. Efforts to reach Dr. Edward Zaloga, the prison
medical director and co-owner of Correctional Care, were unsuccessful. A
second payment of $75,000 was made to Correctional Care to pay bills at
Moses Taylor Hospital. Mr. Washo said there was concern about whether
inmates would be accepted in the future because bills hadn't been paid.
Moses Taylor spokeswoman Meaghan Comerford confirmed Correctional Care
made a payment to the hospital, but declined to comment otherwise. But
that second payment to Correctional Care was not supported by receipts
for the expenses, said county Chief Financial Officer Tom Durkin. Mr.
Washo said the decision to pay $75,000 - without receipts - was made
because Mr. Durkin had reviewed the records for Correctional Care, under
the confidentiality agreement, and determined the county owed at least
in excess of that. "We knew we owed them money. This was an amount we
were comfortable providing them because we saw documentation in excess
of that amount," he said. The county will not make further payments
until Correctional Care has given the county adequate information, Mr.
Washo said. Mr. Durkin said he doesn't know yet how much the county owes
Correctional Care under the previous contract - no other bills have been
submitted by the vendor in addition to the hospital bills. In a
countersuit to the county's September lawsuit, Correctional Care had
indicated $471,931 was still owed by the county. Efforts were
unsuccessful to ask Controller Ken McDowell on Monday why his office
approved the payment without backup documentation. Speaking in general
terms on the Correctional Care issue last week, Mr. McDowell said he
would not authorize payment "unless I am satisfied it is reasonable and
that we were provided with satisfactory evidence of such."
December 2, 2009 The Times-Tribune
A national law firm has agreed to represent the local chapter of a
Catholic human rights advocacy group in its fight to obtain financial
records from the medical care provider for Lackawanna County Prison.
Philadelphia-based Cozen O'Connor and the American Civil Liberties Union
of Pennsylvania filed a motion Monday on behalf of Pax Christi to
intervene and join with Lackawanna County in its lawsuit against its
prison health care vendor, Correctional Care Inc. The county lawsuit
asks that Correctional Care be compelled to release detailed financial
records related to pharmaceutical services, so the county can comply
with a state Office of Open Records ruling that found the records must
handed over to Pax Christi. The lawsuit also requests Correctional Care
be compelled to release all financial receipts and invoices to back up
county payments it has received for services. Since the suit was filed
in September, the county and Correctional Care signed a confidentiality
agreement allowing only county Chief Financial Officer Tom Durkin and
county Deputy Controller Reggie Mariani to view the records. Although a
confidentiality agreement is in place, solicitor John O'Brien said the
county is still pursuing release of all financial records. The motion to
intervene taken Monday adds the weight of Cozen O'Connor and the ACLU to
the county's suit. "The more interests, motivations and legal rights put
forward to obtain these documents, the better chance we have of getting
them," said ACLU staff attorney Valerie Burch. Cozen O'Connor, which
recently opened a branch office in Wilkes-Barre, is one of the largest
law firms in the U.S. "Our plan is to cooperate with the county to get
those documents," Cozen O'Connor attorney Micah Knapp said. Attempts to
reach Edward Zaloga, M.D., owner of Correctional Care, were
unsuccessful. Despite the lawsuit, the county and Correctional Care are
in negotiations on a new contract. The current contract was extended by
a month, until Dec. 15, to work out details on a new contract. Cozen
O'Connor and the ACLU are also seeking a special injunction to ensure
records from Correctional Care's current contract are not destroyed.
November 11, 2009 The Times-Tribune
The Lackawanna County Prison Board unanimously approved a new
contract for its prison health care vendor based on a proposal that did
not include details other bidders were required to submit. Meanwhile,
one of the rejected bidders said his proposal could have been more
cost-effective than the one submitted by Correctional Care Inc., but
county officials did not give him an opportunity to clarify or negotiate
costs in the proposal. Correctional Care provided no cost estimates for
the next three years for hospitalization, pharmaceuticals or any
indication of what staffing levels will be under the new contract, as
required by the county's October request for proposals. Instead, the
company made reference to a large packet of financial records given to
prison board members Oct. 26. Correctional Care didn't have to provide
new information on staffing levels or costs because the firm has already
proven itself, said minority Commissioner A.J. Munchak, a prison board
member and longtime friend of Dr. Edward Zaloga, prison medical director
and co-owner of Correctional Care. Asked if he knew how much it will
cost the county to send inmates to hospitals for treatment under
Correctional Care's proposal, Mr. Munchak said, "I'm not going to do
your research for you." Efforts to reach Dr. Zaloga were unsuccessful.
Tom Durkin, the county's chief financial officer, estimated the county's
cost to send inmates to a hospital under the current contract with
Correctional Care has been less than $103,000 per year, based on records
the vendor provided to the prison board. However, he acknowledged he
could not say for sure how much it cost because the records were not
specific. Because Correctional Care provides no breakdown of estimated
costs for services in its proposal, there is no way to determine how
much the company is budgeting for hospitalization in its $6.7 million
bid, Mr. Durkin acknowledged. How much Correctional Care budgets for
hospitalization matters because the county must pay the difference if
costs exceed the vendor's estimate. Prison board members raised this
concern in rejecting the proposal of Health Professionals Limited. The
Denver, Colo.-based vendor submitted a bid with a price significantly
lower than Correctional Care. Correctional Care's new contract will cost
$187,237 a month, compared to $143,660 a month under the previous deal.
Health Professionals Limited submitted a proposal that would have cost
$147,050 a month. Health Professionals Limited left out the cost of
hospitalization and underestimated staffing needs and the cost of
pharmaceuticals, Mr. Durkin and prison board members said. For instance,
Health Professionals included funding for a physician/medical director
who would work only 12 hours per week. Dr. Zaloga is at the prison 40
hours a week, Mr. Munchak said. "They grossly misrepresented
themselves," said District Attorney and prison board member Andy Jarbola.
"They basically tried to misinform us." Dr. Larry Wolk, chief operations
and medical officer of Health Professionals Limited and a native of
Lackawanna County, denied any misrepresentation and said the company
would have answered the prison board's questions if asked. "We do this
for 190 jails in 20 states," Dr. Wolk said. "To say that we don't know
what the cost is, is pretty inaccurate." The Health Professionals
proposal estimated costs for pharmaceuticals at $140,000 a year.
Pharmaceuticals have cost an average $253,000 a year since Correctional
Care took over at the prison in November 2004, Mr. Durkin said. Dr. Wolk
said his company can obtain lower prices for medications because of its
size. "By our estimates, Lackawanna County is spending a lot, lot more
than they should be (for pharmaceuticals)," he said. Majority
Commissioner Corey O'Brien said the prison board had a sense of staffing
levels needed at the prison and what the cost of hospitalization was.
With that information, it decided Correctional Care offered the better
deal. He said Health Professionals Limited was not called because "we
did not have questions on their proposal." "(Correctional Care was) the
lowest, most responsible bidder," he said. The prison board on Friday
approved a $6.7 million contract with Correctional Care after the county
agreed to a confidentiality agreement that allowed county officials to
view company records, but forbid them from discussing the records,
making copies or taking notes. The county had to file a lawsuit to gain
access to detailed financial records in September after Correctional
Care refused to turn them over. Dr. Wolk said he was surprised by an
arrangement in which a prison medical care provider would retain
ownership and control of receipts, invoices and other financial records
related to billing. "We may be the vendor that's providing the health
care, but we consider that information to be property of the county,"
Dr. Wolk said.
November 10, 2009 The
Times-Tribune
A confidentiality agreement between Lackawanna County and its prison
health care vendor is "legally inappropriate" and does not supersede the
state's Right to Know Law, said attorneys with the American Civil
Liberties Union and Pennsylvania Newspaper Association. Lackawanna
County entered into a confidentiality agreement with Correctional Care
Inc. last week, clearing the way for county officials to inspect
financial records of the vendor. The county filed a lawsuit to gain
access to the records in September, after Correctional Care refused to
turn them over. The county's suit was filed in part so it could comply
with a state Office of Open Records ruling that the records be released
to Pax Christi, a Catholic human rights advocacy group. In October, the
ACLU filed suit on behalf of Pax Christi. The county's suit remains
active, despite the confidentiality agreement, under which county
officials are forbidden to discuss, make copies or take notes related to
the Correctional Care records. The county's position remains that
Correctional Care must release the records to the public, majority
Commissioner Corey O'Brien said Monday. He said the county agreed to the
confidentiality agreement because it was the only way to obtain quick
access to the records before deciding on a new prison health care
contract. Correctional Care's original contract was set to expire
Sunday. The Lackawanna County Prison Board unanimously approved a new
three-year, $6.7 million contract with Correctional Care on Friday. The
contract still must be approved by county commissioners. "We believe
it's public information," Mr. O'Brien said of the financial records.
"(Correctional Care) disagrees. We've not waived any claims with respect
to what is public information." The courts have repeatedly ruled that
confidentiality agreements between a public agency and a second party
are inappropriate and unenforceable, said Melissa Melewsky, media law
counsel for the Pennsylvania Newspaper Association. She questioned the
county awarding a new contract to a vendor that refuses to release
documents that by law are public records. "It's legally inappropriate.
... And I question why an agency would renew a contract with someone who
doesn't comply with the law," she said. "Any vendor that doesn't want to
recognize legal authority shouldn't be a government contractor anymore."
County Solicitor John O'Brien agreed that a confidentiality agreement is
not enforceable if the records are public - but said it will take a
court decision to determine whether they must be released. In a defining
case, Lackawanna County Judge Terrence R. Nealon ruled in September that
records of an agency vendor are public if the vendor is performing a
government function. He ruled that SWB Yankees, the management group
that operates Lackawanna County's minor-league baseball team and
stadium, cannot keep its contracts with concessionaires secret from
taxpayers. The ACLU is reviewing the action taken by the county and will
continue to seek the records on behalf of Pax Christi, said Valerie
Burch, an ACLU staff attorney. "The right to view these financial
records belongs to the people," she said. "The county does not have the
power to contract that right away." Pax Christi's determination to
obtain the records has not diminished, said Joseph Rogan, Ed.D.,
president of the local chapter. He said he was surprised the county's
one-day review of Correctional Care's books was adequate to award a new
$6.7 million contract. "If this is the way the county conducts its
financial affairs, it's no wonder that it is in such dire straits," Dr.
Rogan said.
October 3, 2009 The Times-Tribune
A proposal by Correctional Care Inc. to provide medical care to
Lackawanna County Prison will cost $1.2 million more per year than the
service the company currently provides, a review of four medical care
provider proposals shows. But even if county officials went with the
lowest bidder, Correctional Telecare Solutions, the cost of medical care
would be $1.1 million more per year. The county made public Thursday the
four proposals submitted for medical care provider at the county prison.
Last week, the Lackawanna County Prison Board voted 5-2 to exclusively
negotiate a contract with Correctional Care and discard the three other
proposals. The vote came two days after a lawsuit was filed raising
concerns about the accountability of Correctional Care, which has
refused to release financial records to reconcile bills submitted to the
county. The county filed suit Sept. 28 to compel Correctional Care to
release the financial records and information about its pharmacy vendor,
which the company has refused even to name. County taxpayers pay $1.7
million annually to provide medical care to the prison under the current
contract with Correctional Care. But without financial invoices to back
up the cost from Correctional Care, it is unclear what the actual cost
is. Dr. Patrick Conaboy, who submitted a proposal through a Scranton
startup company Epidarus Medical Management, said he couldn't be sure
how accurate his bid was because the prison was unable to provide direct
financial information on its medical care. "If they were able to supply
better information, I think it would have changed the pricing totally,"
Dr. Conaboy said. Dr. Conaboy, who realized he was a "dark horse" pick
because he was a startup company, said he also offered a one-year
contract in his proposal that could be renegotiated once he understood
what the costs were to provide medical care. In its proposal,
Correctional Care priced the cost per year to provide medical care at
between $2,630,287 for 900 inmates and $2,919,619 for 1,000 inmates.
Correctional Telecare, the low bidder, would cost on average per year
between $2,591,148 for 900 inmates and $2,879,053 for 1,000 inmates. The
county prison population fluctuates between 900 and 1,000 inmates. No
matter the outcome of the prison board meeting, majority Commissioners
Corey O'Brien and Mike Washo said there isn't an extra $1 million in the
county budget available to pay for medical care at the prison. "I've
said that relentlessly now, we can't afford these proposals," Mr. Washo
said. He recommended scrapping all the proposals and starting over. "I
don't know where the money would come from, I have no idea, but we're
not raising the taxes." Epidarus Medical Management submitted a proposal
to offer services on an average of $3.1 million a year, with no mention
of an amount per inmate. Harrisburg-based Primecare Medical, which
manages medical care for 31 prisons, submitted a proposal that would
have cost on average $3.8 million a year for 850 inmates. In a letter to
the editor published in The Times-Tribune on Friday, minority
Commissioner A.J. Munchak questioned the county's timing in filing a
lawsuit against Correctional Care two days before proposals were
discussed by the prison board. Mr. Munchak pointed out county solicitor
Larry Moran is the brother-in-law of Epidarus owner, Dr. Conaboy. As
chief solicitor of litigation for the county, Mr. Moran handled filing
the lawsuit against Correctional Care. Asked Friday if he was suggesting
impropriety by Mr. Moran or the majority commissioners, Mr. Munchak
would say only "the timing is suspect." Mr. O'Brien and Mr. Washo called
any implication of impropriety "ludicrous." "A.J. must be confusing us
with his administration. I'm not going to dignify that kind of comment
with a response," Mr. O'Brien said. Mr. Washo said the timing of the
lawsuit was coincidental and the issues raised in the lawsuit against
Correctional Care had been developing for months. Mr. Moran called Mr.
Munchak's comments "despicable" and said they were made to divert
attention from Correctional Care and its co-owner, Edward Zaloga, M.D.,
a longtime friend of Mr. Munchak. "I think his smokescreen bomb is a
dud," Mr. Moran said. "It's a transparent effort to divert scrutiny from
his lifelong friend, a friend who despite a ruling of the (state) open
records office and a lawsuit has refused to account for the expenditures
of millions of dollars over five years." Dr. Conaboy, who also denied
any impropriety. "More than half the city is related to me in someway,"
he said. "I will tell you I never had a single discussion with anybody
in the commissioner's office."
September 25, 2009 Scranton Times
A Lackawanna County Prison inmate made half a dozen requests seeking medical
help for a severe skin condition, but was ignored until the American Civil
Liberties Union intervened, an ACLU attorney said Thursday. The inmate's
condition became so severe it shocked Valerie A. Burch, an attorney with the
ACLU of Pennsylvania. "He looked like a burn victim," she said. "He had severe
psoriasis all over his body. His skin was cracked and bleeding. It was
immediately apparent this man was not getting the treatment he needed." Prison
advocacy group Pax Christi and the ACLU of Pennsylvania brought the case of
inmate Cal Burns, 32, to light after a decision by the Lackawanna County Prison
Board to negotiate a new contract with the current prison medical care provider,
Correctional Care Inc. The decision was made on a 5-2 vote, with majority county
Commissioners Corey O'Brien and Mike Washo voting against negotiating with
Correctional Care and discarding proposals from three other medical care
providers. Board members who voted for retaining the company said they are
satisfied with the medical care provided at the prison. Told of the board's
action, Ms. Burch said she was surprised. The ACLU receives more inmate
complaints about medical care at Lackawanna County Prison than from any other
prison in the state, she said. Complaints are so common, she said, they are
immediately assigned an attorney, bypassing a standard screening process. "This
is one (prison) we've been watching because we do think the medical care at
Lackawanna County Prison is bad," Ms. Burch said. The ACLU and Pax Christi are
each actively investigating complaints at Lackawanna County Prison, according to
officials at both organizations. However, they said it is difficult to measure
exactly how many complaints they receive. Mr. Burns remains in the prison and
could not be interviewed Thursday. He gave Ms. Burch permission to speak with
The Times-Tribune on his behalf. Ms. Burch said she visited the prison in March
to interview Mr. Burns. The inmate's pain was so intense, he could not sleep,
Ms. Burch said. Mr. Burns submitted six requests for medical treatment over a
period of several weeks, she said, but prison officials failed to respond.
"Before jail, he was getting injections that kept him completely healthy and
normal," she said. "In prison, he wasn't getting the same treatment. They
reduced it to a cream, which was obviously inadequate." Ms. Burch said she sent
a letter to Warden Janine Donate, threatening a cruel and unusual punishment
suit if Mr. Burns did not receive different treatment. Soon after, proper
treatment was given, and Mr. Burns has since recovered, Ms. Burch said. Citing
medical privacy laws, Ms. Donate refused to discuss Mr. Burns' case, or the
claim his requests for treatment went unanswered. She insisted Correctional Care
provides satisfactory medical care to inmates. The state Bureau of Corrections
gave Lackawanna County Prison a 100 percent rating in 2009 for an inspection
that included questions about medical care, she noted. "We've been inspected on
state and federal levels several times since 2004 ... and we've never had any
notable issues," she said. "So on an objective level, yes, they're doing what
they're supposed to be doing within the standard of a medical provider of the
prison." Minority county Commissioner A.J. Munchak, Judge Vito P. Geroulo,
District Attorney Andy Jarbola, Controller Ken McDowell and Sheriff John
Szymanski - the prison board members who voted for negotiating a new contract
with Correctional Care - said they were unfamiliar with Mr. Burns' case and
stood by their votes Thursday. "There are a couple of people who are
dissatisfied with the care and that's the basis of (complaints)," Mr. Munchak
said. "The bottom line is medical complaints have decreased substantially." Mr.
Jarbola said claims made by Pax Christi can't be trusted. "I don't give Pax
Christi any credibility whatsoever," he said, declining to elaborate. He said he
is unaware of any ACLU concerns with the prison, but would be open to hearing
about them. Judge Geroulo, who regularly speaks with inmates, said it is
"extremely rare" he receives complaints about medical care at the prison. "I get
hundreds of letters per year directly from prisoners, I question any prisoner
before me that looks like they need medical attention and I immediately speak
with the warden if there is a problem," the judge said. Judge Geroulo said he is
aware of inmate complaints about the types of medications they receive. He said
Correctional Care told him while some medications may have different brand
names, inmates are receiving the same types and quality of medicine. The judge
said he was unfamiliar with Mr. Burns' experience, and could not comment. Pax
Christi has never been concerned with who is providing medical care at the
prison, said Joseph Rogan, Ed.D., president of the local chapter. "We've never
asked to have anybody replaced," he said. "What we've asked for is good health
care and we believe the county has a duty to take care of their inmates."
May 7, 2008 The Times-Tribune
The medical care provider at Lackawanna County Prison filed a lawsuit
against the president of a local social justice advocacy group, alleging
defamation, slander and interference with contract because of a report that
blasted prison health care. Correctional Care Inc., of Moosic, filed a
three-count complaint against Joseph Rogan, Ed.D., seeking damages in excess of
$50,000. Mr. Rogan, who heads Pax Christi of Northeastern Pennsylvania, said he
had not seen the lawsuit as of Tuesday afternoon. Pax Christi, an international
nonprofit Catholic organization that advocates peace, justice and human rights,
issued a report calling for major reform of the prison’s medical care.
Specifically, the lawsuit alleges tortious interference with existing
contractual relations, intentional interference with prospective contractual
relations, and defamation, libel and slander. The report suggested prenatal care
was inadequate and requests for medical care were answered slowly, among other
things. The report, based on face-to-face surveys of 16 current or former
inmates, also suggested distribution of medication was deficient. “Mr. Rogan
acted irresponsibly and without sufficient due diligence in issuing his report,
and as a result, has harmed our client,” said attorney James Scanlon,
representing CCI. Pax Christi submitted the report to the Prison Board on Jan.
29. Warden Janine Donate subsequently issued a response dismissing the
allegations at a Prison Board meeting March 12. Minority Commissioner A.J.
Munchak, who formerly served as Prison Board chairman, had not seen the lawsuit
but said he was surprised one hadn’t been filed sooner.
March 13, 2008 The Times-Tribune
Several members of the Lackawanna County Prison Board on Wednesday railed
against a review of prison health care released last month by the regional
branch of an international social justice group. Pax Christi, a Catholic
nonprofit group that advocates peace, justice and human rights, undertook the
project after the birth of a baby in a prison cell in July. Among a multitude of
Pax Christi’s allegations rebutted by Warden Janine Donate were deficient
distribution of medication, ignored inmate requests for care and almost
nonexistent prenatal care. Ms. Donate assured the Prison Board that pregnant
inmates are given appropriate prenatal care and prenatal vitamins. “As for the
allegation that inmates are ignored and services have significant delays, it’s
simply not accurate,” she said. The survey’s eight recommendations were based on
16 face-to-face interviews with current and former inmates. Fourteen were
current inmates interviewed by members of the prison ministry program. However,
Pax Christi was denied access to prison inmates when Joseph Rogan, Ed.D., head
of the regional Pax Christi chapter, made the request in December. Ms. Donate
said she denied the request because she’d never met Dr. Rogan and did not know
who the other members of the review team were or what qualifications they had to
conduct a health care survey. District Attorney Andy Jarbola, a member of the
Prison Board, questioned the qualifications of the review team and the way in
which the study was conducted. “I have a huge problem with this report,” he
said. “We have no idea whether these individuals have done such a survey in any
other prison or institution anywhere in Pennsylvania or the United States.”
Compared with the 5,000 inmates incarcerated since Correctional Care Inc., of
Moosic, took over the prison’s medical care, the number of complaints was
minuscule, Mr. Jarbola said. “If you’re only talking about 16 complaints over
5,000, that’s less than one-tenth of 1 percent of the individuals that were
incarcerated,” Mr. Jarbola said. Other members of the health care review team
included the Rev. William Pickard, Joan Holmes, Sister Barbara Craig, of the
Sisters of Mercy, and Ann Marie Crowley. Members of Pax Christi were not
specifically invited to Wednesday’s Prison Board meeting. The group has not been
contacted by county officials and only knew the warden was reviewing its
findings from a Feb. 20 article in The Times-Tribune. Contacted later by phone,
Dr. Rogan said he hopes the commissioners send a response. “Nothing changes in
terms of our views,” Dr. Rogan said, adding that he expects the group will make
a decision about how to proceed at its next meeting March 26. “I would guess
(the group) would be interested in pursuing it further. It’s not expected that
we drop the ball now.” Minority Commissioner A.J. Munchak, former Prison Board
chairman, said the report should not have been given credence by the board. “All
it is, is a shot at our prison and a shot at the doctor who’s running this,” he
said of Dr. Edward Zaloga, the prison’s medical director and his longtime
friend. “I think it’s absolutely terrible, and if it were up to me, this
wouldn’t have even been addressed here today in public.”
February 20, 2008 The Times-Tribune
County officials are mum on a report released by the regional chapter of an
international justice advocacy group that calls for a number of reforms to
medical care at Lackawanna County Prison. In a report released to The
Times-Tribune, Pax Christi of Northeastern Pennsylvania alleges existing
conditions such as heart problems and broken ribs were not addressed when
inmates arrived, distribution of medication was deficient and sporadic, requests
for medical care were answered slowly, and prenatal care for pregnant inmates
was almost nonexistent. The report, based on face-to-face surveys of 16 current
or former inmates, also suggests medical care has been rationed to boost profits
for the medical care provider. “We feel there are very, very serious criticisms
that need to be followed up on,” said Father William Pickard, who serves as
chaplain for the county’s prison ministry program on behalf of the Diocese of
Scranton. Father Pickard also is a member of the regional chapter of Pax
Christi, an international Catholic nonprofit group that advocates peace, justice
and human rights. Provider under fire -- Medical care at the prison is provided
under contract by Correctional Care Inc., of Moosic, a company co-owned by the
prison’s medical director, Dr. Edward Zaloga. The report says the relationship
is a potential conflict of interest and suggests that money not spent on medical
care results in higher profits for CCI. “It’s an inference, but it would seem to
be to his (Dr. Zaloga’s) advantage, for example, not to fill medications,” said
Joan Holmes, a member of Pax Christi and volunteer with the prison ministry
program. Attempts to reach Dr. Zaloga were unsuccessful. It is not clear exactly
how Dr. Zaloga would directly benefit from limiting or denying care. Under its
five-year contract that expires Nov. 14, 2009, Correctional Care Inc. is paid a
flat fee of $250,000 a year regardless of medical expenses and is reimbursed
separately for all costs of medical care inside and outside the prison. The
report does say that inmates have “major consternation” with Dr. Zaloga and says
the fact “that the person best positioned to provide inmates with care was the
one they most disrespected was telling.” In the report — dated Jan. 29 — Pax
Christi recommended that the Prison Board hire an independent party to evaluate
the prison’s medical services. The purpose of the study is not conflict, but
change, said Mrs. Holmes. The idea for a review was triggered by the birth of a
baby in a prison cell on July 10, Father Pickard said. Then-inmate Shakira
Staten, 22, of Chambersburg, accused Lackawanna County Prison officials of
ignoring her repeated pleas to go to the hospital before her daughter dropped
from her womb and to the floor of a cell monitored by a closed-circuit
television camera. Although the Prison Board initially denied the staff did
anything wrong in that incident, county officials later publicly apologized to
Ms. Staten for what happened. According to the report, Ms. Donate denied Pax
Christi access to current inmates. Father Pickard and Mrs. Holmes conducted
interviews during regular visits with prisoners as part of the prison ministry
program. Joseph Rogan, Ed.D., heads the regional chapter of Pax Christi. Other
members of the prison health care review team included Sister Barbara Craig of
the Sisters of Mercy and Ann Marie Crowley. Inmates give examples -- The report
details many complaints registered by the interviewed inmates. Among them were
the claims of two women who were pregnant while incarcerated. The report says
the pregnant inmates received no checkups after entering the prison, and
“received inconsistent prenatal vitamins and received no prenatal care.” Another
inmate reportedly claimed that “medicines are routinely replaced or unavailable
to save the (medical care) firm money.” Several complaints were reported about a
lack of response to inmate requests to see a doctor or to file grievances about
medical care denials. “A few did get the care they requested ... ,” the report
says. “Most, however, reported that their requests were ignored, or, if
addressed at all, only very slowly. When they did get attention, in many cases
no treatments were prescribed. One (inmate) was told that he was just getting
old.” The report said two interviewed inmates independently confirmed that when
one inmate they knew filed a grievance about medical care, the “entire unit was
locked down while a guard read the details of the inmate’s complete medical
history over the intercom for all to hear.” None of the interview subjects is
identified in the report, and it contains a disclaimer that says some responses
“may have been colored by personal motives.” However, the document also says
that there were underlying themes amid the responses that triggered the
recommendations. “We thought there was enough of a common thread there to
release the report,” Father Pickard said. “I could tell by (the inmates’)
emotions that they were sincere, that they went through a terrible ordeal. They
weren’t play-acting. It was very obvious in the interaction I had with them.”
Prisoners faced possible retribution by answering the survey questions, Father
Pickard said. The committee recorded a majority of the inmates’ names, and
Father Pickard said the committee verified what inmates told them “as best they
could.” However, Mrs. Holmes admitted they did not have a way to verify all
claims. Pax Christi received 38 responses when input was solicited, but was only
able to interview 16 people because of time and logistical constraints. Of the
16 people who responded, 14 were current inmates. The report recommends that the
Prison Board: Review the prison’s inmate intake procedures. Review the prison’s
medical response procedures. Review the possibility that inmates with mental
health issues could be better placed. Review whether inmates who have
substance-abuse problems could be served through treatment and education. Review
the prison’s policies and procedures related to pregnant inmates. Review the
prison’s food-service system to determine whether inmates receive proper
nutrition. Officials not talking -- County communications director Lynne
Shedlock said the study was referred to Prison Warden Janine Donate, who was not
immediately available for comment. “There is no further comment until the warden
has had a chance to review it,” Ms. Shedlock said. “She’ll present a report back
to the Prison Board at the appropriate time.” Majority Commissioner Mike Washo,
who chairs the board, was out of town and not available for comment. Minority
Commissioner A.J. Munchak, who served as Prison Board chair when he was majority
commissioner through last year, deferred questions to Mr. Washo. “Any official
response has to come from the chairman,” Mr. Munchak said. Commissioner Corey
O’Brien, also a member of the Prison Board, declined comment as well. In
addition to the three county commissioners, the Prison Board includes District
Attorney Andy Jarbola, Sheriff John Szymanski , Judge Vito Geroulo and County
Controller Ken McDowell. Mr. McDowell said he read the study and anticipates the
warden will review it and make a report to the Prison Board. Efforts to reach
Mr. Jarbola, Mr. Szymanski and Judge Geroulo were unsuccessful.
August 18, 2007 Times-Tribune
The Lackawanna County Prison’s medical director was fired from a similar post at
a Pittsburgh-based health care services company in 1999 in an apparent dispute
over a new treatment for hepatitis C in state prisons the company served.
Company officials could not be reached to explain his termination, but in a
lawsuit later filed against the company, Dr. Edward J. Zaloga claimed he was
fired because he disagreed with a plan to begin treating the liver disease with
a then-new, unproven drug that ultimately would be a waste of taxpayer money.
The treatment “would waste more than $7 million of the (state) taxpayers’ money
on unnecessary and unwarranted medical treatment,” he charged in a suit filed
against Wexford Health Sources Inc. in November 1999. He claimed in his suit
that his management practices had created a profit for the company of $4.1
million, and the company — which at the time was trying to get the state to pay
for the new treatment — feared it might have to pay for treating inmates if the
state found out about its profits. He was fired for raising the concerns, he
alleged. The suit demanded more than $1 million in unpaid wages, expenses,
lawyer’s fees and punitive damages. The company, in its legal responses, denied
earning anywhere near $4 million. It denied his other claims as well. County
judges rejected Dr. Zaloga’s suit in separate rulings in 2002 and 2004 with one
judge writing that Dr. Zaloga failed to establish “a report of wrongdoing ... or
waste.” Wexford in its legal filings acknowledged firing Dr. Zaloga but did not
say why. Dr. Zaloga is now co-owner of a company, Correctional Care Inc., of
Moosic, that provides medical services to county prison inmates, and oversees
those services. A former inmate, Shakira Staten, 22, a federal prisoner who gave
birth at the prison July 10 and has since been transferred to Adams County
Prison to await sentencing, has sued him, the company and the prison in federal
court. She claims she was a victim of cruel and unusual punishment because her
pleas to be taken to the hospital when she went into labor were ignored and she
had the baby alone in a cell. The county Prison Board this week apologized for
the way she treated and blamed a Correctional Care nurse for “serious errors of
judgment” that included failing to properly monitor her labor and unnecessarily
delaying taking her to the hospital. The board barred the nurse from working in
the prison. A secretary in the company’s office said Dr. Zaloga was not
available for comment and would only reply to written questions. A secretary at
Wexford Health Sources said no company officials would be available to comment
until next week. Dr. Zaloga was Wexford’s regional medical director for its
central Pennsylvania operations from Feb. 1 to Sept. 29, 1999, the day the
company’s operations director dismissed him, according to court records.
November 24, 2004 Scranton Times Tribune
PrimeCare Medical Inc., the Harrisburg company that lost out last month on a
lucrative contract for medical care at the Lackawanna County Prison, hit the
county with a $926,000 lawsuit Tuesday. PrimeCare
President Carl A. Hoffman claims county officials, namely Commissioner Robert C.
Cordaro, breached an oral agreement with him when they hired another company to
take over prison medical services. Earlier this year, PrimeCare said it would
forgive about $400,000 in outstanding bills in exchange for a new five-year
contract, according to the lawsuit.
The county paid PrimeCare $900,000 instead of the $1.3 million owed and
later awarded the health care contract to a local upstart company, Correctional
Care Inc.
October 15, 2004 Scranton Times
Tribune
Divided on the issue days ago, Lackawanna County Commissioners voted unanimously
Thursday to award a multimillion-dollar prison health-care contract to a new,
local provider instead of the veteran incumbent company. Correctional Care Inc.,
of Moosic, was founded four months ago by Dr. Edward Zaloga and investors Joseph
Compagnino, William Drazdowski and Ronald Halko for the sole purpose of taking
over medical operations at the county jail. The
upstart company beat out PrimeCare Medical Services of Harrisburg for the
five-year service contract.
Having no experience to draw on, the company was unable to estimate its
annual cost, Commissioner A.J. Munchak said. PrimeCare has been the
prison's health-care provider since 2001. It has been working without a contract
since January and proposed a $5.4 million five-year contract.
The question of the contract had been hotly contested since May, when
PrimeCare officials answered the Prison Board about concerns raised in a county
grand jury report. In it, jurors cited "failure to adequately treat inmates
for serious medical conditions" and "failure of medical staff to
report, document or question suspicious injuries."
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