By Joe Rogalsky,
Delaware State News
DOVER - Acting on advice from the Delaware attorney general's office, the Department of Correction on Tuesday rejected a request from the Delaware State News to provide a copy of an audit performed earlier this year on the prison healthcare system.
After a State News reporter orally asked DOC spokeswoman Elizabeth Welch for the audit, she told the reporter to file a written request under the Freedom of Information Act.
The DOC asked the National Commission on Correctional Health Care to perform the audit in January after the agency uncovered problems with the company providing medical care to prisoners.
The audit's results led to the state terminating its contract with First Correctional Medical Delaware effective July 1.
Commissioner of Correction Stanley W. Taylor, during an interview last week, declined to give specific examples of deficiencies in First Correctional Medical's performance.
In a letter to the Delaware State News, Ms. Welch cited "a statute that specifically prohibits the disclosure of documents such as the audit. Therefore, the DOC is denying your request."
The letter says the attorney general's office has advised DOC that Title 24 of the Delaware Code, in Section 1768, prohibits disclosure of certain medical files.
The section specifically mentions the Board of Medical Practice and its licensing boards for specific medical professions.
Not mentioned, however, are for-profit companies the state hires to provide health care services, such as First Correctional Medical.
The State News has asked for a clarification from the attorney general's office.
Janice Fitzsimons, a spokeswoman for Attorney General M. Jane Brady, said Ms. Brady was reviewing the section's application.
The National Commission on Correctional Health Care did not respond Tuesday to a request for the audit.
Delaware has been accredited since 1986 by the National Commission on Correctional Health Care.
John D. Flaherty, a lobbyist for the good-government group Common Cause, said the audit should be released because of the public interest in the prison healthcare system and recent newspaper reports questioning the quality of care.
"I would think they would want to err on the side of public welfare and release this document," Mr. Flaherty said.
"I can see no reason why this should not be a public document."
Staff writer Joe Rogalsky can be reached at 741-8226 or jrogalsky@newszap.com
