Justices order prison system to revamp inmate health rules
by Rick Hepp
rhepp@starledger.com,
or (609) 989-0398
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-6/1172641270286130.xml&coll=1
Criticizing the state for trying to shirk its responsibility to provide inmates with
adequate health care, the New Jersey Supreme Court yesterday ordered the prison
system to develop regulations on how to notify inmates when they have a serious
medical condition.
In its unanimous ruling, the high court also ordered the Department of Corrections to
give in mates access to their complete medical records and to correct those records
if they are inaccurate, since both are "essential to the notion" of adequate medical
care.
"This is a major victory for the medical rights of prisoners," said Princeton
attorney Bruce Afran, who argued the case on behalf of a New Jersey State Prison
inmate. "Every other patient in the state has a right to their own medical records
and the state was refusing that right to prisoners. The court has now reversed that."
The case stems from "one in mate's odyssey to correct an erro neous entry in his
medical records," Justice Virginia Long wrote in the eight-page opinion. The in mate,
identified only as J.D.A. be cause he fears retribution in prison, suffers from
hepatitis C, a potenti ally fatal liver disease.
He tested positive for the disease in 2001, but a prison-contracted doctor misread
the test re sults and noted in his file that the virus was "not detected." When he
learned of the mistake two years later, J.D.A. filed paperwork to have it changed.
Correctional Medical Services, the private company responsible for treating New
Jersey's 27,000 state inmates, refused to change his medical chart because it was "a
legal document" that cannot be altered, court records show. Correc tions, meanwhile,
claimed only CMS had the "ability to make changes to an inmate's medical record."
After an appeals court sided with the department in December 2004, the Supreme Court
agreed to take the case to decide what medical rights inmates have and whether they
are entitled to get their complete medical history.
Corrections tried to short-cir cuit the case by altering its policies and contract
with CMS to ensure that every inmate gets access to complete medical records, Long
wrote.
Despite the "eleventh-hour" move, Long noted, the court found that the policy came up
short in light of the "serpentine history of the case" and the "finger-pointing"
between Corrections and CMS.
"We are not sanguine over the effectiveness of DOC's present policies and
procedures," Long wrote. "DOC's contract with a private provider is not a sufficient
safeguard of the rights of inmates within its jurisdiction."
Corrections spokesman Mat thew Schuman said the department will "abide by the court's
ruling," but declined to respond to the Supreme Court's characterization of the
department's actions during the case.
Afran, the attorney for J.D.A., said the opinion reflects the high court's
frustration over the department's failure to address inmate medical treatment,
including its decision several years ago not to inform roughly 400 inmates that they
suffered from hepatitis C.
"J.D.A. is one of the people who were not informed," Afran said. "I think the court's
anger comes in part because this is not a new argu ment."
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and other beneficiaries of the institutionalized slavery and genocide.
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Humvees, or calls in air-strikes. It doesn't have a high command, or
high security, or a high budget. The army that can defeat terrorism
does battle quietly, clearing minefields and vaccinating children. It
undermines military dictatorships and military lobbyists. It subverts
sweatshops and special interests.Where people feel powerless, it
helps them organize for change, and where people are powerful, it
reminds them of their responsibility." ~~~~ Author Unknown ~~~~
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