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U.S. seizes state prison health care
By San Francisco Chronicle
Published: 07/01/2005

A federal judge, saying he was acting urgently to stop the needless deaths of inmates because of medical malfeasance, ordered Thursday that a receiver take control of California's prison health care system and correct what he called deplorable conditions.
Experts said the order by U.S. District Judge Thelton Henderson of San Francisco was unprecedented in its scope given that the prison system provides health care to roughly 164,000 inmates at an annual cost of $1.1 billion.
The order also was an embarrassing blow for the administration of Gov. Arnold Schwarzenegger, which has promised to deliver major medical reforms for nearly two years but, Henderson said, has utterly failed.
The prison medical system offered "at times outright depravity, and I intentionally call it that," said Henderson.
He also said the need for action was so dire that he might appoint a temporary receiver in just weeks to at least begin to limit the harm to inmates from the poor medical care before a permanent receiver is put in place.
Inmate families and those who have long fought for change in the prisons were ebullient.
"It's certainly everything we asked for," said Donald Specter, head of the Prison Law Office, the prisoner rights group that filed the suit on which the judge was acting.
Henderson said he would begin the process of selecting a receiver and defining his or her powers in consultation with state officials and the inmates' lawyers.
The decision followed weeks of testimony from medical experts that Henderson described as horrifying in its depiction of barbaric medical conditions in some prisons, resulting in as many as 64 preventable deaths of inmates a year and injury to countless others.
The state's attorneys have never even bothered to fight those characterizations or the need for federal intervention in spite of their damning reflection on prison managers.
"This is humiliating," said James Jacobs, a law professor at New York University and an expert on court intervention in prison management. "What's extreme here is, it's like the judge is saying to the state, 'I'm totally giving up on you -- you are unwilling or unable to do this on your own.' "
Indeed, top prisons officials for months have admitted the department was incapable of administering the system, a massive and complex medical program stretching the length of the state, often in remote locations. The state's lawyers have focused principally on trying to limit the power of the receiver.
"Nobody can do this by themselves," said Bruce Slavin, the prison system's general counsel. "A receiver can help us do what we want to do faster. "
The unions representing prison health workers, who have been at war with the prisons department, in part over who was responsible for conditions in the prisons, said they were thrilled at the judge's decision. The unions had jointly filed a brief in favor of the appointment of a receiver.
"All the unions are more than willing to work with the receiver," said Gary Robinson, the executive director of the Union of American Physicians and Dentists. "We think the department is incapable of the reforms that are necessary. The judge's position is absolutely correct. The management has been incompetent."


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