Prison Health Care Provider NaphCare in Arizona Fails to Comply Again, Monitoring Reports Reveal

In a notable ruling, Judge Roslyn Silver, appointed by President Bill Clinton, found Arizona prison officials in violation of inmates’ rights due to inadequate healthcare. The 2022 case, Jensen v. Thornell, illuminated systemic failures leading to preventable deaths, prompting the Arizona Department of Corrections to implement remedial measures aimed at meeting constitutional standards.

Despite these changes, persistent challenges remain. In 2023, federal courts mandated expedited improvements in healthcare staffing and service delivery, emphasizing the urgency of the situation. As of 2024, significant issues are still evident.

“They’re still enormous problems, and some of them haven’t improved at all,” remarked Donna Leone Hamm, director of Middle Ground Prison Reform, shedding light on ongoing deficiencies.

There’s an ongoing conflict involving the Arizona Department of Corrections, healthcare provider NaphCare, and court oversight, which has stretched over a decade. To date, courts have observed only marginal improvements.

Recent independent reports from July reveal unmet objectives and overdue compliance in staffing levels, highlighting a lack of psychiatric professionals and inadequate medical facilities to accommodate inmates. The reports also point to failures in emergency response preparedness.

In response, NaphCare asserts that it is actively enhancing care services, including refining its TechCare system and expanding training for its staff. The company intends to elevate compliance and set national standards in correctional healthcare.

Amid these reforms, the Arizona Corrections Department launched a pilot project in July at a Yuma prison, focusing on establishing appropriate staffing levels. However, hiring has been temporarily halted pending amendments to its contract with the state.

Corene Kendrick from the ACLU noted the complications arising from NaphCare’s reluctance to recruit new staff until its contract is renegotiated. This delay is concerning, especially as the court has urged immediate staff increases to comply with its orders.

Efforts to resolve staffing issues and enhance inmate access to care are ongoing. Yet, Hamm emphasizes the seriousness of the situation, citing inadequate treatment for conditions like cancer and severe infections.

NaphCare faces scrutiny, with lawsuits filed in various states, including Arizona. In Pima County, the company incurred approximately $3.1 million in penalties due to its failure to fulfill contractual obligations, while the death rate in county jails has alarmingly exceeded the national average.

Despite ongoing fines, Hamm argues that these financial repercussions are unlikely to drive significant changes, as NaphCare’s profit margins absorb the penalties without deterring its operations.

NaphCare maintains it has made strides in staffing and mental health assessments for inmates transitioning from jail. Furthermore, the company has initiated statewide Hepatitis C treatment programs and appointed a gender-identity director to cater to transgender inmates.

Progress has been cited by the Corrections Department as well, which reported improvements in residential care units and a reduction in the number of inmates in solitary confinement, a practice linked to adverse mental health effects. The number dropped from 356 to 256 between January 2023 and August 2024.

Nevertheless, the court views these efforts as insufficient. Judge Silver remarked in March that conditions remain “fundamentally lacking,” and further action is necessary to prevent another contempt case.

Advocacy groups, including the ACLU, continue to push for a receivership, arguing for court oversight over the healthcare services provided to incarcerated individuals.

“We have asked the judge to appoint a receiver to oversee healthcare delivery in Arizona prisons,” Kendrick explained. “Thus far, she has opted not to take this step, choosing instead to monitor departmental efforts.”