Arizona Department of Corrections Health Care to Be Taken Over by Court-Appointed Receiver

Federal Judge Orders Court Oversight of Prison Medical System After 14 Years of Litigation

Federal District Judge Roslyn Silver ordered a court-appointed receiver to take control of Arizona prison health care operations after finding the state system continued to provide unconstitutional medical and mental health care despite more than a decade of court oversight and millions in fines.

The order marks a rare judicial intervention that removes control from state officials and places prison health care under independent court supervision.

"It's only done when every other option has been exhausted," Corene Kendrick, deputy director of the ACLU National Prison Project, told reporters.

Kendrick said plaintiffs repeatedly returned to court because they did not see improvement in medical care and mental health services. Court monitors documented widespread systemic failures including preventable suicides, preventable deaths, and dangerous delays in emergency care.

The Arizona Department of Corrections, Rehabilitation and Reentry strongly disagreed with the decision. Department Director Ryan Thornell called the move "exorbitantly expensive" and "unnecessary," noting the state has made significant improvements over the past three years.

Thornell said ADCRR now has approximately 1,340 full-time equivalent health care staff compared to 841 at the time of the Court's 2022 order. He noted the state has invested $1.3 billion in health care services over the past three years.

Governor Katie Hobbs expressed disappointment on X, stating the decision fails to recognize the immense strides the Arizona Department of Corrections has made since she took office.

"When I took office, I inherited a prison system plagued by a decade of neglect and mismanagement," Hobbs said.

Candidates Proposed for Prison Health Care Receiver Role

Under the Court's order, the state and attorneys representing prisoners have 10 days to propose candidates to serve as receiver and take over prison health care operations.

Attorneys for incarcerated people submitted two candidates on April 20. The department submitted one candidate.

Kellie Wasko, one of the plaintiffs' candidates, started in correctional health more than 25 years ago as a registered nurse in the Idaho Department of Corrections. She spent 16 years as a health services administrator, associate warden, warden, and assistant director of prisons.

Wasko then served as chief executive officer of Correctional Health Partners, a private company providing medical management to jails and correction agencies. She later served as secretary of corrections for the South Dakota Department of Corrections under former governor Kristi Noem.

During her time as secretary, Wasko oversaw operations of eight prisons, 14 parole officers, 1,100 staff, 3,900 inmates, and 4,000 parolees. She resigned in October amid controversy over the construction of a proposed new $650 million prison.

Her second candidate, Leann Bertsch, led the North Dakota Department of Corrections and Rehabilitation for 15 years. She now works as senior vice president for the Corrections Division of the Management and Training Corporation.

The department recommended Annette Chambers-Smith, former director of the Ohio Department of Rehabilitation and Correction and current director of criminal justice for Ohio Gov. Mike DeWine.

Chambers-Smith oversaw implementation of required reforms to medical staffing, training, medication, and mortality reviews during a five-year settlement agreement resolving a 2003 lawsuit challenging health care in Ohio prisons.

What a Receiver Can Do

Kendric said a receiver would have broader authority to make changes than the state currently has under Arizona law.

"There's a state law that limits how much salary can be paid, or the hiring process, and a receiver basically can cut through a lot of that red tape and be much more nimble and efficient," Kendrick explained.

A receiver could assume the same access and powers over administration, management, operations, staffing, and financing as the department's director. This would include oversight of the department's private health care vendor NaphCare.

Plaintiffs argued a receiver should participate in the state budgeting process with a pathway to override a lack of funding from the Legislature via a court order if necessary.

The department's proposal would have the receiver participate in budgeting, undergo annual audits, and submit reports on progress every four months.

The Human Impact

Deanna Epperson, whose husband is incarcerated in Arizona, said she has watched him struggle to receive adequate care.

"It frustrates me as a wife knowing that my husband is begging for care and can't get it," Epperson said.

Epperson said her husband suffered serious injuries after being assaulted by another inmate. She noted he never received a head scan despite head trauma from the assault.

Next Steps

The department is already pursuing an appeal of the order granting the motion for a receiver but agreed to pause any proceedings in the 9th Circuit until Silver issues an order on appointing a receiver and defining powers and duties.

In a recent filing to the appellate court, attorneys for the department made clear an intent to appeal future orders appointing and further defining the receivership.

The department said if the decision stands, taxpayers will be responsible for paying all costs of the Court-appointed receiver, including any new requirements the receiver may impose.

California's receiver has been in place for 20 years and costs the state approximately $3 million annually, according to plaintiffs.

Plaintiffs and the department have ten days to respond to each other's proposed candidates, with a court assessment to follow.

Donna Hamm, executive director of Middle Ground Prison Reform, said any prospective receiver must have a strong hold on health care delivery while keeping an even keel approach to the position's inherent power.

"Obviously you don't want someone that will abuse the power, but you also don't want anyone who will be afraid to use it," Hamm said.

Hamm said her measuring stick for any receiver's performance will be the number of complaints sent in from inmates and their families on health care concerns. She noted the organization is averaging around 20 to 30 complaints a week.

The state has 9 prisons run by the Arizona Department of Corrections, Rehabilitation and Reentry. Inmates have filed lawsuits over the past 14 years revealing failures in the prison health care system, with inmates pursuing damages for inadequate care.