Mississippi Today
‘Inadequate’ Health Department oversight contributed to Jackson water failure, federal watchdog finds
A federal watchdog report Monday laid blame on the Mississippi State Department of Health, as well as the Environmental Protection Agency, for prolonging Jackson’s well-documented water woes, saying their failed oversight contributed to the capital city’s infrastructure issues lasting as long as they have.
“The MSDH’s inaction prolonged Jackson’s noncompliance,” the EPA Office of Inspector General’s report reads. The EPA OIG is an independent office within the EPA that conducts investigations and audits on behalf of the agency.
The report goes on to say that the state not documenting or raising attention to critical issues within the water system “obscured the long-standing challenges of the system, allowed issues to compound over time, and contributed to the system’s failure.”
As of Tuesday afternoon, MSDH hadn’t released a statement on the report, only telling Mississippi Today that it was still reviewing the document.
Among the many faults the report identified, the EPA OIG found that MSDH hasn’t had a proper enforcement procedure for drinking water systems since the EPA granted the state primacy — or the authority to regulate those systems — in 1977. The report criticizes both MSDH for not having enforcement procedures, as well as the EPA for not requiring MSDH to do so.
The investigation claims that MSDH didn’t call enough attention to significant issues with Jackson’s water system, and that by not doing so it left the EPA in the dark.
“Because the MSDH did not consistently identify significant deficiencies in Jackson’s sanitary surveys, there were no subsequent violations of which the EPA would have been made aware,” the EPA OIG wrote.
Specifically, the document says: “System staffing was a common concern noted throughout multiple sanitary surveys but only rose to the level of a significant deficiency in the February 2020 sanitary survey. In addition, membrane trains, which provide filtration, failed integrity testing in multiple sanitary surveys from 2015 through 2017 but were not deemed a significant deficiency until the February 2020 sanitary survey.”
Notably, only half of the membrane trains at the O.B. Curtis water treatment plant were running when a 2021 winter storm shut down Jackson’s water distribution.
The EPA OIG also listed several instances when MSDH failed to timely communicate with Jackson over its system deficiencies, including when the city failed a lead test in July 2015. MSDH didn’t notify the city of the test results until January 2016, and, due to the delay, “for approximately six months, Jackson residents were unaware that lead may have been in their drinking water,” the report says.
“For the majority of the sanitary surveys and inspections from 2016 through 2020, the MSDH had inconsistent communication with Jackson,” the report adds. “Either the MSDH sent written notification of significant deficiencies several months after conducting a sanitary survey or inspection, or it did not notify Jackson.”
Federal law requires states to conduct “sanitary surveys” at least once every three years to make sure public water systems are up to code.
Not only did MSDH delay telling Jackson about the city’s deficiencies, the report says, the agency also didn’t adequately reflect the severity of the city’s issues in its inspections. In an interview, an EPA Region IV employee told the EPA OIG that a 2020 diagnosis of Jackson’s water system found issues dating back to 2014 that MSDH hadn’t listed as “significant discrepancies.”
“According to a (Region IV enforcement) employee, the MSDH may have been aware of more problems than what was documented in the sanitary surveys,” the EPA OIG adds. “That employee speculated that there was a lack of ‘political will’ in the MSDH to address problems identified.”
Noting the city’s above-average number of line breaks — which were over three times the industry average from 2017 to 2021 — the report says that while line breaks are usually not reported to the EPA, the state could report the issue to the EPA if they find an “exorbitant number” of boil water notices. From 2014 to 2022, Jackson issued approximately 1,570 boil water notices. The report emphasizes the issue with a photo of a coffee mug captioned “Welcome to Boil Water Alert Mississippi.”
The report is the third this year that the EPA Office of Inspector General, an independent watchdog agency, released about Jackson’s water system. All three stem from the near-collapse of the system in 2022, which happened after the coincidence of flooding on the Pearl River and the failure of pumps at the city’s main treatment plant. Since then, the Department of Justice, EPA and city officials came to an agreement to allow a court-appointed third-party manager to temporarily takeover the water system.
The first report, released in May, found that MSDH and the Mississippi Department of Environmental Quality didn’t racially discriminate against Jackson in funding the city’s water system.
About a week later, though, the EPA OIG released another report that found that MSDH failed to provide Jackson with flexible loan options that are available for economically disadvantaged cities. That report also described failures on the city level, including poor management of its treatment plants as well as gaps in communication between operators and higher-ups.
Monday’s report lists several recommended actions to prevent the agencies’ short-comings in the future, including assessing MSDH’s sanitary survey program and how it helps water systems overcome deficiencies. Another action it lists is to make sure that MSDH has a procedure for enforcing federal and state drinking water laws.
“If (MSDH) is not implementing enforcement procedures as required by Safe Drinking Water Act section 1413, consider whether procedures for rescinding state primacy for water systems should be initiated,” the recommended action states.
In an e-mailed statement from EPA Press Officer Terry Johnson, the agency said that it has “previously identified many of the same concerns raised by the (EPA OIG) and has already begun implementing actions to address their recommendations. This includes working with (MSDH) to ensure strong drinking water regulatory oversight at the state and federal levels.” The City of Jackson did not respond to a request for comment by this story’s publication.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1997
Dec. 22, 1997
The Mississippi Supreme Court upheld the conviction of white supremacist Byron De La Beckwith for the 1963 murder of Medgar Evers.
In the court’s 4–2 decision, Justice Mike Mills praised efforts “to squeeze justice out of the harm caused by a furtive explosion which erupted from dark bushes on a June night in Jackson, Mississippi.”
He wrote that Beckwith’s constitutional right to a speedy trial had not been denied. His “complicity with the Sovereignty Commission’s involvement in the prior trials contributed to the delay.”
The decision did more than ensure that Beckwith would stay behind bars. The conviction helped clear the way for other prosecutions of unpunished killings from the Civil Rights Era.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Medicaid expansion tracker approaches $1 billion loss for Mississippi
About the time people ring in the new year next week, the digital tracker on Mississippi Today’s homepage tabulating the amount of money the state is losing by not expanding Medicaid will hit $1 billion.
The state has lost $1 billion not since the start of the quickly departing 2024 but since the beginning of the state’s fiscal year on July 1.
Some who oppose Medicaid expansion say the digital tracker is flawed.
During an October news conference, when state Auditor Shad White unveiled details of his $2 million study seeking ways to cut state government spending, he said he did not look at Medicaid expansion as a method to save money or grow state revenue.
“I think that (Mississippi Today) calculator is wrong,” White said. “… I don’t think that takes into account how many people are going to be moved off the federal health care exchange where their health care is paid for fully by the federal government and moved onto Medicaid.”
White is not the only Mississippi politician who has expressed concern that if Medicaid expansion were enacted, thousands of people would lose their insurance on the exchange and be forced to enroll in Medicaid for health care coverage.
Mississippi Today’s projections used for the tracker are based on studies conducted by the Institutions of Higher Learning University Research Center. Granted, there are a lot of variables in the study that are inexact. It is impossible to say, for example, how many people will get sick and need health care, thus increasing the cost of Medicaid expansion. But is reasonable that the projections of the University Research Center are in the ballpark of being accurate and close to other studies conducted by health care experts.
White and others are correct that Mississippi Today’s calculator does not take into account money flowing into the state for people covered on the health care exchange. But that money does not go to the state; it goes to insurance companies that, granted, use that money to reimburse Mississippians for providing health care. But at least a portion of the money goes to out-of-state insurance companies as profits.
Both Medicaid expansion and the health care exchange are part of the Affordable Care Act. Under Medicaid expansion people earning up to $20,120 annually can sign up for Medicaid and the federal government will pay the bulk of the cost. Mississippi is one of 10 states that have not opted into Medicaid expansion.
People making more than $14,580 annually can garner private insurance through the health insurance exchanges, and people below certain income levels can receive help from the federal government in paying for that coverage.
During the COVID-19 pandemic, legislation championed and signed into law by President Joe Biden significantly increased the federal subsidies provided to people receiving insurance on the exchange. Those increased subsidies led to many Mississippians — desperate for health care — turning to the exchange for help.
White, state Insurance Commissioner Mike Chaney, Gov. Tate Reeves and others have expressed concern that those people would lose their private health insurance and be forced to sign up for Medicaid if lawmakers vote to expand Medicaid.
They are correct.
But they do not mention that the enhanced benefits authored by the Biden administration are scheduled to expire in December 2025 unless they are reenacted by Congress. The incoming Donald Trump administration has given no indication it will continue the enhanced subsidies.
As a matter of fact, the Trump administration, led by billionaire Elon Musk, is looking for ways to cut federal spending.
Some have speculated that Medicaid expansion also could be on Musk’s chopping block.
That is possible. But remember congressional action is required to continue the enhanced subsidies. On the flip side, congressional action would most likely be required to end or cut Medicaid expansion.
Would the multiple U.S. senators and House members in the red states that have expanded Medicaid vote to end a program that is providing health care to thousands of their constituents?
If Congress does not continue Biden’s enhanced subsidies, the rates for Mississippians on the exchange will increase on average about $500 per year, according to a study by KFF, a national health advocacy nonprofit. If that occurs, it is likely that many of the 280,000 Mississippians on the exchange will drop their coverage.
The result will be that Mississippi’s rate of uninsured — already one of the highest in the nation – will rise further, putting additional pressure on hospitals and other providers who will be treating patients who have no ability to pay.
In the meantime, the Mississippi Today counter that tracks the amount of money Mississippi is losing by not expanding Medicaid keeps ticking up.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1911
Dec. 21, 1911
Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia.
When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs.
He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame.
The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays.
Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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