December 19, 2023

Warren, Durbin, Ossoff, Lawmakers Raise Concerns with Wellpath Over Inadequate Healthcare Services in Prisons and Jails Nationwide

"A host of federal investigations, press reports, and reports by incarcerated people have revealed apparent deficiencies in Wellpath’s care.”

Wellpath (PDF) l Wellpath MA (PDF)

Washington, D.C. – U.S. Senators Elizabeth Warren (D-Mass.), Dick Durbin (D-Ill.), Jon Ossoff (D-Ga.), Ed Markey (D-Mass.), Raphael Warnock (D-Ga.), Jeff Merkley (D-Ore.), Laphonza Butler (D-Calif.), Richard Blumenthal (D-Conn.), Bernie Sanders (D-Vt.), Mazie Hirono (D-Hawaii), Cory Booker (D-N.J.) and Peter Welch (D-Vt.) sent a letter to Wellpath — the nation’s largest private provider of prison healthcare — raising concern over reports of inadequate care at federal, state, and local prisons and jails. Senators Warren and Markey also sent a similar letter to Wellpath outlining concerns about the company’s operations in the Commonwealth of Massachusetts. 

“Since its creation, Wellpath has been the target of multiple federal investigations and lawsuits, and the company has faced growing public scrutiny,” wrote the lawmakers. “A host of federal investigations, press reports, and reports by incarcerated people have revealed apparent deficiencies in Wellpath’s care.”

Wellpath is a private equity-owned, for-profit company and currently operates as the nation’s largest private provider of healthcare services in prisons and jails. Recent media reporting has revealed alarming inadequacies in care, including reports of: time-sensitive care being delayed; outright denials of care; inadequate staffing; Wellpath staff members’ negligence and failure to follow physician treatment plans and Wellpath’s own policies; and the inappropriate use of restraints and solitary confinement for people with mental health needs.

In the letters, the lawmakers also highlight systemic problems driven by Wellpath’s incentive to maximize its profits, including “minimizing the number of healthcare services provided and opting to provide less resource-intensive services.”

“While some contracts increase Wellpath’s compensation for emergency services such as ambulance runs or decrease compensation for failures such as not triaging sick call requests, pay generally does not increase with the volume, quality, or complexity of medical services provided,” wrote the lawmakers.  “Some Wellpath contracts also appear to incentivize the company to reduce the number of transfers to hospitals  or to employ fewer staff members.”

In their letter on inadequacies in Massachusetts, Senator Warren and Markey highlighted several instances of concern in Massachusetts prisons, including cancellations of off-site specialist visits recommended by doctors, discontinued medications, and understaffing of facilities. 

“Furthermore, Wellpath providers in Massachusetts have inappropriately intervened with individuals who have mental illnesses, including by abusing the use of solitary confinement and defaulting to the use of physical or chemical restraints in response to mental health crises,” wrote the lawmakers. “A 2020 DOJ investigation revealed that, under Wellpath, ‘Massachusetts’ prisons subjected incarcerated people in mental health crisis to prolonged periods of restrictive housing conditions, instead of providing them constitutionally adequate mental health care and supervision.’” 

The lawmakers have asked for more information from Wellpath in order to better understand its conduct and operations in jails and prisons and its efforts to provide adequate care to patients. 

Senator Warren has been a leader in fighting for the health of those in custody:

  • In October 2023, Senator Warren and other lawmakers sent a letter to Corizon Health, Inc.-affiliated companies Tehum Care Services, Inc. and YesCare Corporation (together, “Corizon”), expressing concern about poor-quality health services provided to incarcerated people in jails and prisons around the country.
  • In March 2021, Senator Warren and lawmakers sent a letter to the U.S. Department of Justice Office of the Inspector General (OIG) urging them to conduct a comprehensive review of all COVID-19-related deaths of incarcerated individuals in the custody of the Federal Bureau of Prisons (BOP) and BOP staff since the beginning of the pandemic.
  • In November 2020, Senator Warren and lawmakers sent a letter to the Department of Justice (DOJ) and the Federal Bureau of Prisons (BOP) seeking information about the status of medical copays in correctional facilities during the COVID-19 pandemic.
  • In January 2020, Senator Warren led a letter to Immigration and Customs Enforcement (ICE) and the Federal Bureau of Prisons (BOP) questioning their anti-corruption policies and practices after a series of high-profile officials responsible for oversight of the private prison and detention industry have left to join the biggest companies in the industry.
  • In September 2019, Senator Warren and lawmakers sent a letter to DHS and HHS expressing serious concerns over DHS's announcement that migrant families detained at U.S. Customs and Border Protection (CBP) holding centers would not be vaccinated for the flu ahead of this year's flu season.
  • In July 2019, Senator Warren sent a letter to Jennifer Costello, Acting Inspector General (IG) of the Department of Homeland Security (DHS), requesting that the IG conduct an investigation into the use of solitary confinement and other punishments to coerce participation in "voluntary" work programs at federal and federally-contracted immigration detention facilities, and the role of Immigration and Customs Enforcement (ICE) policies, procedures, and guidance in such practices.
  • In April 2018, Senator Warren and other lawmakers sent a letter to Deputy Director of Immigration and Customs Enforcement (ICE) Thomas Homan, requesting information on a recent policy change allowing for the increased detention of pregnant women in ICE detention facilities

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