Resource: Beyond Deliberate Indifference: Improving Jail Health Care with False Claims Acts

Over 11 million people are admitted into U.S. jails annually. Every year countless men and women die in jail before they are convicted of any crime because health care providers neglect their medical needs. Jail health care is a frequent and worthy subjection of litigation. Section 1983 has traditionally served as the foothold for prison litigants to seek relief through the courts, but the Prison Litigation Reform Act has severely restricted its efficacy.

In 2016, the Office of the New York State Attorney Generalfiled claims against a private jail health care provider under the New York State False Claims Act and other state statutes. The enforcement action resulted in some, albeit limited, relief for incarcerated people, and suggests that state false claims acts may prove to be a useful tool for correctional reform where Section 1983 has failed. This Note makes the case for legislating robust state false claims acts and litigating under them to improve jail health care. Although counties and municipalities are increasingly outsourcing jail medical services to private contractors, thereby driving down quality of care, privatization also creates new opportunities for reform.