The state Commission of Correction has set no timeline for the Monroe County Legislature to review its jailhouse healthcare provider.
Nor is there any penalty for not carrying out the directive at all.
The county has not initiated the review, despite the state directive being received eight months ago. Instead, the administration renewed its contract with PrimeCare Medical of New York for another year this past February, at an estimated cost of $13.6 million.
A commission spokesperson confirmed that the only path the body has to enforce the earlier directive is by taking the Legislature to court and getting a judge to sign off on an injunction.
The commission’s edict came as part of its report on the 2023 death of Brian Harmon. Harmon died nine days after being booked into the jail of sepsis resulting from a urinary obstruction.
The report noted that Harmon's death was preventable and several key steps to intervene were missed. PrimeCare, which provides medical and mental health services inside the Monroe County Jail, fired three of its employees after Harmon's death.
The commission report and directive went to County Legislature President Yversha Román. Most legislators were unaware of the directive prior to a federal lawsuit being filed by Harmon's son in late July.
In a letter to legislators last week, Román said she was awaiting legal guidance on moving forward with the review.
Legislature Republicans and some Democrats have decried Roman's handling of the directive.
County Legislator Rachel Barnhart is among the Democrats also scrutinizing Román's handling of the situation.
"President Roman's letter was filled with excuses and described a dereliction of duty, and it is extremely concerning," Barnhart said.
At least 10 federal lawsuits have been filed against PrimeCare's operations in the Monroe County Jail since 2019, including one other involving an incarcerated person’s death and several others claiming failure to prescribe medication or neglect.
