Some medical records to be checked quarterly
By LEE WILLIAMS and ESTEBAN PARRA
The News Journal
11/24/2005
While careful not to admit mistakes or confront a mounting toll of inmate deaths, Gov. Ruth Ann Minner says it's time to determine whether inmates in Delaware are being treated "outside the parameters of acceptable medical practice."
In a statement released late Wednesday, Minner announced that Division of Public Health Director Dr. Jaime Rivera will start quarterly surveys of random inmate medical files to identify cases or procedures that may be below standard.
"These survey reviews can provide the basis for an ongoing dialog between the state's chief medical expert and the [Department of Correction's] medical provider with the long-term goal of improving the health services delivery system within the institutions," Minner said. "The quarterly surveys by Dr. Rivera will add yet another layer of review to our inmate health care services. We are committed to providing quality health care for our inmates and want to do all we can to follow through on that commitment."
The surprise move -- released to the media just before the long Thanksgiving holiday -- is Minner's first public attempt to improve inmate health care since The News Journal published a series of stories in September examining medical care behind bars and the sometimes disturbing manner of inmate deaths.
"It's nice she's finally done something," said state Sen. Charles Copeland, R-West Farms, one of the founders of the Delaware Coalition for Prison Reform and Justice, a group that organized following the newspaper series.
"I must say it's a weak attempt, and the timing of the announcement is a little suspicious," Copeland said. "It's not like she brought everybody in to ask questions about the details. What we really need is a clear airing of what happened, and this doesn't get us there."
Inmates in Delaware die of AIDS and suicide at higher-than-average rates and many inmate families and advocates say the prison provides poor treatment for HIV/AIDS, cancer, meningitis, hepatitis and other communicable diseases and bacterial infections.
Prompted in part by the newspaper's series, the U.S. Department of Justice is conducting a preliminary inquiry into the Department of Correction's management and inmate health care.
Until Wednesday, Minner's primary response was to attack the newspaper's series, claiming the stories contained factual errors and misrepresentations.
Mark Brainard, Minner's chief of staff, said in a letter to New Castle County Councilman Penrose Hollins, who had questioned the governor about inmate care, that "there isn't time or space in this response to convey to you the level of irresponsible, one-sided, and shoddy reporting that produced this series."
Correction Commissioner Stan Taylor wrote a five-page response to the series, saying it contained "sloppy reporting" and "significant errors."
But on Wednesday -- after the governor's statement was released -- neither Minner nor Taylor returned calls for comment.
Rep. Dennis P. Williams, D-Wilmington North, said the governor's decision to provide greater oversight of the medical practices behind bars should have come much sooner.
"This is a good move on her behalf," Williams said. "That's the way we need to do it to stay on top of the problem, but it's long overdue."
Maryanne McGonegal, secretary of Common Cause of Delaware, said Minner's plan is "too little, too late."
"This is a slap in the face to all of those people who have lost relatives and friends," McGonegal said. "Review files? Quarterly? Dr. Rivera will be dependent on those files, and we don't even know if what's in them is correct. This is just more evidence of the absolute necessity of an outside independent review."
Taylor earlier this month hired longtime HIV/AIDS educator and advocate James Welch from the Department of Public Health to serve as the health services administrator for the state's prison system.
In a series of meetings with lawmakers, Taylor listed hiring a public health administrator as one of his "ongoing improvements." Taylor said he intends to spend $150,000 in the coming year to contract with local physicians for second opinions on inmate medical cases. He also said he wanted to add two medical service positions.
Minner's enlistment of Rivera is similar step toward improved oversight.
Drewry Fennell, executive director of the American Civil Liberties Union of Delaware, hopes the surveys of inmate medical charts begin soon.
"I'm glad to hear she's taking some steps, however small, to address the inmate medical problems," Fennell said. "They need to get sufficient medical personnel into those facilities to do immediate assessments of people who need immediate attention."
Joseph Pika, a University of Delaware political science professor, didn't see Minner's move as an admission of a problem.
"It sounds to me that it is a way to monitor what is happening," Pika said. "It is a proactive way to address the issues, within the confines of the government."
Rev. Christopher Bullock, pastor of Canaan Baptist Church in Wilmington, said, "For her to do something is an admission."
"Finally, we are hearing from the governor and some action is taking place," he said. "However, Band-Aid approaches will not stop the hemorrhaging."
Bullock said the coalition still wants an independent investigation, adding that this is still Minner's administration investigating itself.
"It's a move, but it is a lateral move," he said. "We need a touchdown pass."
Contact investigative reporter Lee Williams at 324-2362 or lwilliams@delawareonline.com. Contact Esteban Parra at 324-2299 or eparra@delawareonline.com.
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