Health Care Bill Allows Feds to Investigate Jail Conditions

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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.

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That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

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And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

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WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

If you can, please support the reporting you get from Mother Jones—that exists to make a difference, not a profit—with a donation of any amount today. We need more donations than normal to come in from this specific blurb to help close our funding gap before it gets any bigger.

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