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Assurance of Discontinuance - Correctional Medical Care, OAG, 2014
ATTORNEY GENERAL OF THE STATE OF NEW YORK In the Matter of CORRECTIONAL MEDICAL CARE, INC. Assurance No.: 13-495 ASSURANCE OF DISCONTINUANCE PURSUANT TO EXECUTIVE LAW SECTION 63, SUBDIVISION 15 Pursuant to the provisions of the New York State Executive Law ("EL") §§ 63(12) and 63-c; Business Corporation Law ("BCL")§ 1503, Partnership Law ("PL") § 2 & 8-B, Education Law ("Educ. L")§ 6512,General Business Law ("GBL")§ 349, and State Finance Law§ 189 ( l )(a) and (b), (3), and§190 (]) ("NY False Claims Act"), Eric T. Schneiderman, Attorney General of the State of New York, caused an inquiry to be made into certain business practices of Correctional Medical Care, Inc. ("CMC"), relating to its delivery of health care services to inmates in county jails and correctional facilities in New York State. Based upon that inquiry, the Office of the Attorney General ("OAG") has made the following findings, and CMC has agreed to modify its practices and assure compliance with the following provisions of this Assurance of Discontinuance ("Assurance"). I. BACKGROUND I. CMC is a for-profit business incorporated in Pennsylvania that is owned by Maria Carpio, who is not a licensed medical professional. Emre Umar, Ms. Carpio's spouse, is the President of CMC. Mr. Umar is likewise not a licensed medical professional. IV. Lack of Access to Medical Care To the extent that CMC materially fails to comply with its contractual obligations to provide inmates with necessary medical, obstetrical, psychiatric, dental and emergency care, including medications in a timely manner, CMC shall pay to the County operating that facility a penalty of $500 for each failure. With respect to medications, ·'materially fails" shall mean: a. For high-risk medications (those drugs that are ordered ·'stat'' or those for which interruptions in dosing schedule would result in an adverse event, e.g., HIV anti-virals, anti-psychotics, anti-seizure, diabetic agents, anti hypertensive agents, etc.), failure to provide an inmate with medications (or an appropriate substitute), within 24 hours of ordering. b. For other than high-risk medications - failure to provide an inmate with medications within 48 hours of ordering. 28