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Assurance of Discontinuance - Correctional Medical Care, OAG, 2014
Document text
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.
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