A federal judge has handed sweeping control of Arizona’s prison healthcare system to Annette Chambers-Smith, the former head of Ohio’s prisons, placing the troubled program under a court-ordered receivership. The move, reported by the Arizona Mirror and detailed by the Arizona Capitol Times, is aimed at ending constitutional violations in care for people incarcerated in state facilities.
U.S. District Judge Roslyn Silver set an initial five-year term for the takeover, according to the Capitol Times, after 14 years of litigation over inadequate medical care in Arizona prisons. The Department of Corrections, Rehabilitation and Reentry opposes the receivership and plans to appeal and seek a stay, the outlet reported.
The practical effects are immediate and far reaching. The Mirror reported the receiver has sole power to determine what steps the state must take to stop violating inmates’ constitutional rights, and said the order sets the stage to nullify two state laws. The Capitol Times reported the receiver gains authority over healthcare operations, policy, staffing and contracts, including the ability to negotiate, enforce or end the Naphcare vendor agreement. That is a recipe for major budget, staffing and workflow changes inside a system that touches every unit, clinic and pharmacy.
Silver’s order gives Chambers-Smith control to oversee and direct all ADCRR staff involved in delivering healthcare and explicit authority over hiring, firing, discipline and compensation, the Capitol Times reported. She does not control correctional officers or security, but must ensure necessary security for care to occur.
On finances and policymaking, the receiver will prepare the annual healthcare budget and may submit policy recommendations to the governor and Legislature. If budget disputes cannot be resolved within the department or with elected leaders, the court can step in, the Capitol Times reported. The state will front the costs, including a $500,000 annual salary for Chambers-Smith, and the receiver can hire staff and set up an office.
Timelines are tight. Within 180 days, Chambers-Smith must produce an operational plan to reach compliance with constitutional requirements and court-ordered staffing plans. She is expected to begin short-term improvements immediately and must file annual reports to the court. Silver set the receivership’s effective date for 21 days after the court resolves any motion to stay, the Capitol Times reported.
Both sides agreed on Chambers-Smith as the pick, but not on her powers. Inmates’ attorneys pressed for authority on par with the ADCRR director over healthcare, with unfettered access to the department, while ADCRR sought a three-year term, regular auditing of the receiver and limits on staff access, the Capitol Times reported. Silver wrote that the receiver’s duties are narrowly drawn and the least intrusive means to fix ongoing violations.
