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SOUTHERN NEW MEXICO

Doña Ana County scrambles to line up health provider for detention center

Services could end within a week due to YesCare bankruptcy

The Doña Ana County Detention Center in Las Cruces is seen Thursday.
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LAS CRUCES — With a week or even less to find a new healthcare provider for the Doña Ana County Detention Center, county commissioners were aghast Tuesday as staff pulled a contract approval from consideration and told commissioners they were back at square one.

YesCare, previously known as Corizon Health, provides medical care services in correctional facilities in nine states, including the county facility in Las Cruces.

This month, the company filed for Chapter 11 bankruptcy and failed to meet payroll in multiple states, including New Mexico.

After employees in Las Cruces missed their May 8 paychecks, the county stepped in with an emergency approval of $170,000 to cover the workers’ back pay. The money came from funds already appropriated for YesCare’s contract.

Meanwhile, county staff proceeded with an emergency procurement, as YesCare indicated it would discontinue operations at the detention center. The current contract was set to expire on June 30.

“We had asked them to give us three weeks to get somebody new in, and they could not guarantee that,” Deputy County Attorney Cari Neill said Tuesday.

At Tuesday’s session, commissioners expected to consider a $4.5 million contract with WellPoint LLC and avoid an interruption to services. But when the agenda item came up, County Purchasing Manager Michael Perez told them the deal was off after their finalized cost proposal came in much higher than expected.

“On Sunday evening, we received the cost proposal from the entity and it is significantly different than what they anticipated… At this time, we do not want to make an award,” Perez said.

However, there was no backup proposal for commissioners to consider.

“We have one more week and we don’t have an emergency procurement contract or confirmation that these (workers) are going to get paid or that services will continue at the detention center?” Commissioner Christopher Schaljo-Hernandez asked, and Perez confirmed that that was the case.

Adding confusion to the process was that WellPath and other providers interviewed wanted a full-year contract, Perez said, which can’t be done through the emergency procurement process. The county’s preferred approach was to cover the emergency and put a regular contract, which would begin next January, out for a conventional bid.

Perez and Neill recommended the commissioners authorize the county manager’s office to enact a stopgap agreement with one of the other vendors interviewed and get the commissioners’ approval at a subsequent meeting, but no commissioner made a motion.

“I feel like we are woefully unprepared bringing this forward,” County Chairman Manny Sanchez said. “We need to have a path forward, guys, and we just don’t have that.”

"Has no one called the Department of Health?" asks Doña Ana County Commissioner Christopher Schaljo-Hernandez Tuesday during a discussion of YesCare's abrupt withdrawal from the county detention center due to its bankruptcy.

Further questions from Schaljo-Hernandez and Commissioner Susie Kimble revealed that the county had not yet notified the state health or corrections departments about the situation. 

“It appears we haven’t,” County Manager Scott Andrews said. “We’ll jump right on it.”

That added a new layer of uncertainty to the situation, as Schaljo-Hernandez pointed out when he said, “The county can continue to do the back pay for YesCare … but if their license to operate at the detention center is revoked or no good, then that’s not going to help us.”

“They are still licensed at this point,” Neill replied.

Wednesday, the county manager’s office said it planned to bring a finalized proposal to the board as quickly as possible.

“We remain committed to ensuring our inmates at the Detention Center can receive adequate healthcare services while at the facility,” the county said in a statement to the Journal.

Algernon ’A is the Journal’s southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.