State of Illinois
91st General Assembly
Legislation

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91_SB1061

 
                                               LRB9104080WHpr

 1        AN  ACT  regarding  the  delivery  of medical services in
 2    correctional institutions and facilities.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  1.  Short  title.  This  Act may be cited as the
 6    Department of Corrections Medical Services Continuity Act.

 7        Section 5. Legislative findings; declaration of policy.
 8        (a)  The purpose of this Act is to provide for continuity
 9    of  medical  services  in   correctional   institutions   and
10    facilities,   including   juvenile   facilities,   under  the
11    maintenance and control of the Department of Corrections. The
12    Department  of  Corrections  is  mandated  to  maintain   and
13    administer    all   State   correctional   institutions   and
14    facilities, including juvenile facilities. The Department  of
15    Corrections   is  required  to  provide  medical  and  dental
16    services,  including   mental   health   services,   to   all
17    incarcerated  persons  in  the  correctional institutions and
18    facilities, including  the  juvenile  facilities,  under  its
19    maintenance  and control. In certain instances, contracts are
20    entered into with  private  entities  (contractors)  for  the
21    purposes  of  providing  those  medical  and dental services,
22    including mental health services. From time  to  time,  under
23    and   in   accordance   with   the  contracting  and  bidding
24    requirements of State law, the identity of the contractor  or
25    contractors  providing  those  services  is  changed  or  the
26    Department  of  Corrections  resumes providing those medical,
27    mental health, or dental services.
28        (b)  The General Assembly finds that  disruption  in  the
29    provision  of  medical  and dental services, including mental
30    health services,  to  incarcerated  persons  in  correctional
31    institutions  and  facilities, including juvenile facilities,
 
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 1    of this State  is  detrimental  to  the  operation  of  those
 2    facilities,  including  the  maintenance of security in those
 3    facilities. The General  Assembly  further  finds  that  such
 4    disruption  will  be  less  likely  if  there is a transition
 5    employment period when a new contractor replaces  a  previous
 6    contractor  in  providing  medical,  dental, or mental health
 7    services  in  correctional   institutions   and   facilities,
 8    including juvenile facilities, of this State.
 9        (c)  It  is hereby declared to be the policy of the State
10    of Illinois that  there  shall  be  a  transition  employment
11    period  when  a new contractor replaces a previous contractor
12    in providing medical, dental, or mental  health  services  in
13    correctional  institutions and facilities, including juvenile
14    facilities,  under  the  maintenance  and  control   of   the
15    Department of Corrections.

16        Section 10. Definitions.  As used in this Act:
17        "Contractor"  means  an  individual  or  entity  having a
18    written or oral agreement to provide covered  services  in  a
19    correctional facility. "Contractor" includes a subcontractor.
20    "Contractor" includes the Department of Corrections under the
21    circumstances   set   forth   in   the  definition  of   "new
22    contractor".
23        "Correctional facility" means a correctional  institution
24    or   facility,  including  a  juvenile  facility,  under  the
25    maintenance and control of the Department of Corrections.
26        "Covered services" mean the medical,  dental,  or  mental
27    health  services  provided  by  a contractor and includes all
28    services, both direct and indirect,  provided  in  connection
29    with those services.
30        "Employee"  means a person employed by a contractor other
31    than  a  person  employed  in  a  bona  fide  supervisory  or
32    managerial position as defined by applicable law.
33        "New contractor" means a contractor with written or  oral
 
                            -3-                LRB9104080WHpr
 1    contract  to  provide  covered  services  in  a  correctional
 2    facility   that   were  previously  provided  by  a  previous
 3    contractor or that will no longer be provided by  a  previous
 4    contractor  when  the previous contractor's contract expires.
 5    The Department of Corrections shall be deemed to  be  a  "new
 6    contractor"  for  purposes of this Act when the Department of
 7    Corrections resumes  providing  covered  services  that  were
 8    previously provided by a previous contractor.
 9        "Previous  contractor"  means a contractor who had or has
10    an oral or written contract to provide covered  services  but
11    whose contract has expired or is expiring.

12        Section 15. Transition employment period.
13        (a)  A   new   contractor  shall  employ,  for  a  90-day
14    transition employment period, employees who had been employed
15    by or were on the payroll of the previous contractor  on  the
16    last  working day immediately preceding the effective date of
17    the contract of the new contractor.
18        (b)  A new contractor who is awarded an oral  or  written
19    contract  to  provide  covered services shall maintain, for a
20    90-day  transition  employment  period,  the  hours,   wages,
21    benefits,  and  all  other  terms  and  working conditions in
22    effect for employees employed by or on  the  payroll  of  the
23    previous  contractor  on  the  last  working  day immediately
24    preceding the effective date  of  the  contract  of  the  new
25    contractor.
26        (c)  No later than 10 days after a contract is awarded to
27    a   new   contractor,  the  previous  contractor  shall  make
28    available to the new contractor the names of all employees of
29    the previous contractor, the date each  employee  was  hired,
30    each   employee's   occupation   classification,   and   each
31    employee's  wages,  hours,  benefits,  and  other  terms  and
32    working conditions.
33        (d)  If,  at any time, the new contractor determines that
 
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 1    fewer employees are required to perform the covered  services
 2    than  were  employed  by  the  previous  contractor,  the new
 3    contractor shall retain employees  by  seniority  within  job
 4    classifications.
 5        (e)  During  the 90-day transition employment period, the
 6    new contractor shall maintain a preferential hiring  list  of
 7    employees  not  retained by the new contractor from which the
 8    new contractor shall hire any additional employees as  needed
 9    by the new contractor.
10        (f)  Except  as  provided  in  subsection  (d),  the  new
11    contractor  may  not  discharge an employee during the 90-day
12    transition employment period without just cause.

13        Section 20. Other requirements.
14        (a)  No contractor shall receive a  contract  to  provide
15    covered  services  unless the contractor has agreed to comply
16    with this Act.
17        (b)  All contracts for the provision of covered  services
18    shall include the requirements set forth in Section 15 and an
19    agreement by the contractor to comply with this Act.

20        Section 25. Enforcement.
21        (a)  If  a person violates any provision of this Act, the
22    State of Illinois or the Department of Corrections  may  take
23    any  action necessary to compel compliance, including but not
24    limited to, instituting a civil action for injunctive relief,
25    specific performance, or damages or a  combination  of  those
26    remedies.
27        (b)  If  the  State  of  Illinois  or  the  Department of
28    Corrections brings an action to enforce this Act, any person,
29    organization,  or  association  with  a  direct  interest  in
30    compliance with this Act may join in that enforcement  action
31    as a real party in interest.
32        (c)  If  the  State  of  Illinois  or  the  Department of
 
                            -5-                LRB9104080WHpr
 1    Corrections declines to institute an action  for  enforcement
 2    for  violation of the transition employment period provisions
 3    of this Act, any person, organization, or association with  a
 4    direct  interest  in compliance with this Act may institute a
 5    civil action on his or her or its own behalf and on behalf of
 6    the  State  of  Illinois  for  injunctive  relief,   specific
 7    performance, or damages or a combination of those remedies.
 8        (d)  Monetary  damages  for  violation  of this Act shall
 9    include:
10             (i)  For each employee discharged  or  removed  from
11        employment  in  violation  of  this  Act  or  not offered
12        re-employment as required by this Act, an amount equal to
13        the salary or wages that the employee would have received
14        but for the violation of this Act.
15             (ii)  For  each   employee   whose   wages,   hours,
16        benefits,  or  other  terms  and  working  conditions are
17        altered in violation of this Act, an amount  measured  by
18        the  difference  between  the salary or wages or monetary
19        value of  benefits  received  and  the  amount  that  the
20        employee  would  have  received  but for the violation of
21        this Act.
22             (iii)  In view  of  the  difficulty  in  determining
23        actual  damages  incurred  as  a result of a violation of
24        this Act with  respect  to  certain  working  conditions,
25        liquidated  damages in the amount of $25 per day for each
26        employee who has been affected by a violation of this Act
27        or in an amount equal to the damages awarded under  items
28        (i) and (ii) above, whichever is greater.
29             (iv)  Reasonable attorney's fees and costs.

30        Section  90. Severability. The provisions of this Act are
31    severable under Section 1.31 of the Statute on Statutes.

32        Section 99. Effective date. This Act  takes  effect  upon
 
                            -6-                LRB9104080WHpr
 1    becoming law.

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