An Audit Report dated November 25, 2024 from the Office of Legislative Audits Department of Legislative Services Maryland General Assembly entitled “Department of Public Safety and Correctional Services Incarcerated Individual Healthcare Contracts” stated in its cover letter, in part:
Our audit disclosed numerous issues with DPSCS’ procurements of the three healthcare contracts. For example, the medical and mental health contract solicitations did not establish adequate hourly rates to ensure that the contractors
could recruit and retain a sufficient number of health professionals and DPSCS could not support that the number of health professionals required by the contracts was sufficient to ensure that incarcerated individuals received satisfactory services. Furthermore, DPSCS awarded the medical and mental health contracts despite significant concerns with the contractors’ ability to provide the services, failed to disclose the concerns to the Board of Public Works and did not develop a contingency plan in the event the contractors could not fulfill the contract
requirements.
DPSCS did not ensure the medical and mental health contractors completed critical health exams within the required timeframes and we noted a significant number of exams were not completed. For example, between July and September 2023, the mental health contractor did not complete 548 suicide risk evaluations and 682 mental health exams. The failure to complete these exams is significant because they enable DPSCS to address the needs of incarcerated individuals. DPSCS also did not ensure that the medical contractor resolved complaints filed by incarcerated individuals properly and timely. Our testing disclosed that the contractor did not maintain adequate documentation of its investigations and did not always resolve the complaints timely.
Our audit disclosed that DPSCS did not verify that the staffing levels reported by the medical and mental health contractors were accurate and did not follow up when errors in the reported data were identified. DPSCS also did not ensure amounts invoiced and paid for pharmaceuticals reflected actual pharmaceuticals provided by the contractor.
DPSCS did not document the basis for a $20 million settlement agreement with the medical contractor that waived liquidated damages totaling at least $40.5 million and reduced the contract staffing requirements by 15 percent (132
positions). For example, DPSCS could not substantiate how the settlement amount was determined and the extent to which the liquidated damages it waived offset the amount that DPSCS paid to the contractor. DPSCS also could not
explain how it determined these 132 positions were no longer necessary nor did DPSCS obtain approval from the Board of Public Works when it reduced the staffing requirements of the contract.
DPSCS did not assess liquidated damages on the mental health contract as provided for in the contract, and damages assessed on the medical contract were significantly lower than provided for in the related contract. Specifically, DPSCS
waived $10.5 million in liquidated damages assessable to the mental health contractor between March 2022 and January 2024 to allow the contractor to use these funds to recruit and retain additional medical professionals. DPSCS did not determine the costs associated with the contractor’s recruiting and retention efforts and did not formally modify the contract to reflect these additional costs. For the medical contract, the methodology DPSCS used to assess liquidated damages resulted in an overall lower assessment than the methodology specified by the contract. For example, DPSCS’ methodology resulted in it assessing $809,000 less than allowed by the contract between October and December 2023.
If you or a loved one may have a claim involving deliberate indifference to a serious medical need involving a present or former inmate, you should promptly find an inmate medical malpractice lawyer in your U.S. state who may investigate your deliberate indifference claim for you and represent you or your loved one in an inmate medical malpractice lawsuit, if appropriate.
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