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Commissioners approve one-year renewal of jail medical services after indemnification clarification

Board of Trumbull County Commissioners · December 4, 2024
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Summary

Facing a potential lapse in medical services, commissioners approved a one-year renewal with physician Philip P. Malvasi, DO, and agreed to cost-sharing for a malpractice tail policy after county counsel and staff clarified the indemnification clause and the risks of losing a provider.

The board voted to approve a one-year renewal of the professional medical services agreement with Philip P. Malvasi, DO, for care at the Trumbull County Adult Justice Center after several days of negotiation over contract language and indemnification.

County counsel and staff described a recent misinterpretation of the contract’s indemnification clause and reported they had negotiated clarified language acceptable to the contractor. Staff emphasized the county’s need to maintain continuous medical coverage for detainees; officials warned that without a contract the county could face substantial costs and logistical problems, including moving inmates to other counties or rationing placements. One county official outlined a worst-case scenario: moving inmates to Mahoning County could cost an estimated $125 per inmate per day and trigger additional fiscal and operational burdens.

Staff explained the indemnification text has been part of prior agreements and that clarifying language — intended to ensure malpractice coverage is applied to medical services provided by the contractor rather than to county-employed personnel — allowed the contractor to remain under the agreement. Commissioners agreed to pay a portion of a three-year medical malpractice tail policy (one-third county; one-third allocated to contractor partners per the contract note) as part of the renewed one-year term.

Commissioners described the renewal as a short-term measure that preserves continuity while allowing the incoming sheriff and new board to review longer-term procurement options. The motion to approve the one-year renewal passed by voice vote.