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ADOC Commissioner testifies in inmate mental health suit

Montgomery Advertiser - 1/14/2017

Jan. 14--Jefferson Dunn, Alabama Department of Correction Commissioner, testified in part on Friday about whether the care provided to inmates meets constitutional requirements.

Dunn said he doesn't personally determine whether constitutionally adequate care is provided, other than oversee Ruth Naglich, ADOC associate commissioner of health services.

Naglich previously testified that MHM Correctional Services, Inc., which ADOC contracts to deliver mental health care wasn't "measuring up."

"I think the issue that I had one understanding and she has testified to a different understanding and now I'm in a situation where I have to figure out what is the proper understanding ... it did of course concern me when I heard that," Dunn said. "The point is that I don't have a basis to act on at this point as to whether that's true or not true."

His testimony comes more than a month after the trial began and years after the original lawsuit against ADOC, prior ADOC Commissioner Kim Thomas (Commissioner Dunn inherited the suit), and Naglich was filed.

The class action lawsuit brought on behalf of 25,000 disabled Alabama inmates by the Southern Poverty Law Center and the Alabama Disabilities Advocacy Program.

It alleges egregious neglect and deliberate indifference toward all disabled inmates, though this phase of the trial focuses solely on the mentally ill.

Much of his testimony revolved around ADOC's contract with MHM, which it renewed in September 2016.

Dunn said he didn't know how much of the contract's finances are allocated to mental health for inmates versus how much MHM pockets.

Plaintiffs have argued in prior filings that ADOC systemically underfunds mental health care and are party to an agreement with MHM that creates a financial incentive for MHM not to provide care.

A complaint alleged that ADOC contracted with MHM for a lower price "in return for the private contractor bearing virtually all of the risk associated with increased healthcare costs, including the costs of offsite care. By placing the financial responsibility for each instance in which medical or mental health care is provided on the private providers, defendants created a financial incentive for the provider to not provide care," the complaint reads.

ADOC's current budget is taut, Dunn said, adding, "The resources that we do have we have to use very very wisely."

"If you received additional funding would you allocate it to mental health care?" asked Anil Mujumdar, an attorney for the plaintiffs.

"I think we would seriously look at it and make it a matter of priority," Dunn answered.

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