Health Care Bill Allows Feds to Investigate Jail Conditions

Photo: Wikimedia Commons

Get your news from a source that’s not owned and controlled by oligarchs. Sign up for the free Mother Jones Daily.


This story first appeared on the ProPublica website.

Among the many lesser-known provisions tucked into the lengthy health care reform bill passed last month is one that expands the U.S. Attorney General’s power to look into the abuse and neglect of those living in institutional settings.

The provision, first reported by the Web site Main Justice, amends the Civil Rights of Institutionalized Persons Act (CRIPA) to allow the Justice Department to issue subpoenas compelling publicly run prisons, jails, mental health facilities and nursing homes to open their doors to inspectors and turn over records.

Most local and state officials cooperate with CRIPA probes, resolving disputes through settlement agreements. Occasionally, however, they refuse to participate in the process, forcing the federal government to take them to court.

We wrote about one such case in Buffalo, N.Y., where Erie County Sheriff Timothy Howard balked at Justice Department requests for unfettered access to the Erie County Holding Center. The Justice Department opened an investigation into conditions at the 680-bed jail in November 2007 in response to reports of excessive force by guards and a rash of inmate suicides. When Erie County officials would not make improvements voluntarily, the Justice Department filed suit. Its inspectors gained access to the jail last month under a court order, prompted, at least in part, by three additional inmate suicides that have occurred since oral arguments began in the case.

The CRIPA language was originally a part of the Health Care Fraud Enforcement Act, which Sen. Ted Kaufman, D-Del., introduced last October. That bill never made it out of the Senate Judiciary Committee. Last November, Kaufman introduced an amendment to the Senate version of the health care reform bill that included many of his original provisions. The CRIPA language remained in the bill President Obama signed.

“The absence of subpoena authority enables non-cooperating jurisdictions to obstruct and delay the [Civil Rights] Division in its mission to ensure that the federal rights of persons in the custody of state and local officials are respected,” a spokesperson for Kaufman wrote in an e-mail. “The resultant litigation when jurisdictions exploit the absence of subpoena power is extraordinarily costly, yet the substantive outcome … is the same.”

It is not yet clear when the Justice Department can begin issuing subpoenas. Justice Department officials declined to comment.

DECEMBER IS MAKE OR BREAK

A full one-third of our annual fundraising comes in this month alone. That’s risky, because a strong December means our newsroom is on the beat and reporting at full strength—but a weak one means budget cuts and hard choices ahead.

The December 31 deadline is closing in fast. To reach our $400,000 goal, we need readers who’ve never given before to join the ranks of MoJo donors. And we need our steadfast supporters to give again—any amount today.

Managing an independent, nonprofit newsroom is staggeringly hard. There’s no cushion in our budget—no backup revenue, no corporate safety net. We can’t afford to fall short, and we can’t rely on corporations or deep-pocketed interests to fund the fierce, investigative journalism Mother Jones exists to do.

That’s why we need you right now. Please chip in to help close the gap.

DECEMBER IS MAKE OR BREAK

A full one-third of our annual fundraising comes in this month alone. That’s risky, because a strong December means our newsroom is on the beat and reporting at full strength—but a weak one means budget cuts and hard choices ahead.

The December 31 deadline is closing in fast. To reach our $400,000 goal, we need readers who’ve never given before to join the ranks of MoJo donors. And we need our steadfast supporters to give again—any amount today.

Managing an independent, nonprofit newsroom is staggeringly hard. There’s no cushion in our budget—no backup revenue, no corporate safety net. We can’t afford to fall short, and we can’t rely on corporations or deep-pocketed interests to fund the fierce, investigative journalism Mother Jones exists to do.

That’s why we need you right now. Please chip in to help close the gap.

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate