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Another legal challenge to prison health care privatization looms

Tuesday, September 11th, 2012 by Dara Kam

The union representing state workers has vowed to file another lawsuit if a legislative committee approves the privatization of all prison health care services tomorrow.

Lawyers for the American Federation of State, County and Municipal Employees contend the move to outsource the health care for Florida’s 100,000 inmates is illegal.

The Joint Legislative Budget Commission is slated tomorrow to vote on a request from the Department of Corrections to transfer money within the agency to pay for contracts with two private companies, Wexford Health Sources and Corizon. The state now spends about $350 million a year on prison health care, including drugs. The agency plans to begin the privatization, affecting about 2,600 employees, on Jan. 1.

The GOP-dominated legislature last year gave the corrections department permission to outsource the prison health care privatization in budget “proviso” language, but the privatization has been tied up in court. AFSCME and the Florida Nurses’ Association challenged the privatization, saying it was a major policy change that needed to be approved in a stand-alone bill. A judge thwarted a similar attempt to privatize a large portion of the state’s prisons last year, and lawmakers were unable to pass a prison privatization bill during the legislative session that ended in March.

A Leon County circuit judge did not rule on the health care privatization lawsuit because the proviso language expired with the June 30 end of the 2011-12 fiscal year.
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