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92_HB0191 LRB9200770ARcd 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, -2- LRB9200770ARcd 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- LRB9200770ARcd 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) If a labor organization is the exclusive bargaining 14 agent of the new contractor's employees on the effective date 15 of the new contract, this Act shall not apply to the new 16 contractor. 17 (b) A new contractor shall employ, for a 90-day 18 transition employment period, employees who had been employed 19 by or were on the payroll of the previous contractor on the 20 last working day immediately preceding the effective date of 21 the contract of the new contractor. 22 (c) A new contractor who is awarded an oral or written 23 contract to provide covered services shall maintain, for a 24 90-day transition employment period, the hours, wages, 25 benefits, and all other terms and working conditions in 26 effect for employees employed by or on the payroll of the 27 previous contractor on the last working day immediately 28 preceding the effective date of the contract of the new 29 contractor. 30 (d) No later than 10 days after a contract is awarded to 31 a new contractor, the previous contractor shall make 32 available to the new contractor the names of all employees of 33 the previous contractor, the date each employee was hired, -4- LRB9200770ARcd 1 each employee's occupation classification, and each 2 employee's wages, hours, benefits, and other terms and 3 working conditions. 4 (e) If, at any time, the new contractor determines that 5 fewer employees are required to perform the covered services 6 than were employed by the previous contractor, the new 7 contractor shall retain employees by seniority within job 8 classifications. 9 (f) During the 90-day transition employment period, the 10 new contractor shall maintain a preferential hiring list of 11 employees not retained by the new contractor from which the 12 new contractor shall hire any additional employees as needed 13 by the new contractor. 14 (g) Except as provided in subsection (e), the new 15 contractor may not discharge an employee during the 90-day 16 transition employment period without just cause. 17 Section 20. Other requirements. 18 (a) No contractor shall receive a contract to provide 19 covered services unless the contractor has agreed to comply 20 with this Act. 21 (b) All contracts for the provision of covered services 22 shall include the requirements set forth in Section 15 and an 23 agreement by the contractor to comply with this Act. 24 Section 25. Enforcement. 25 (a) If a person violates any provision of this Act, the 26 State of Illinois or the Department of Corrections may take 27 any action necessary to compel compliance, including but not 28 limited to, instituting a civil action for injunctive relief, 29 specific performance, or damages or a combination of those 30 remedies. 31 (b) If the State of Illinois or the Department of 32 Corrections brings an action to enforce this Act, any person, -5- LRB9200770ARcd 1 organization, or association with a direct interest in 2 compliance with this Act may join in that enforcement action 3 as a real party in interest. 4 (c) If the State of Illinois or the Department of 5 Corrections declines to institute an action for enforcement 6 for violation of the transition employment period provisions 7 of this Act, any person, organization, or association with a 8 direct interest in compliance with this Act may institute a 9 civil action on his or her or its own behalf and on behalf of 10 the State of Illinois for injunctive relief, specific 11 performance, or damages or a combination of those remedies. 12 (d) Monetary damages for violation of this Act shall 13 include: 14 (i) For each employee discharged or removed from 15 employment in violation of this Act or not offered 16 re-employment as required by this Act, an amount equal to 17 the salary or wages that the employee would have received 18 but for the violation of this Act. 19 (ii) For each employee whose wages, hours, 20 benefits, or other terms and working conditions are 21 altered in violation of this Act, an amount measured by 22 the difference between the salary or wages or monetary 23 value of benefits received and the amount that the 24 employee would have received but for the violation of 25 this Act. 26 (iii) In view of the difficulty in determining 27 actual damages incurred as a result of a violation of 28 this Act with respect to certain working conditions, 29 liquidated damages in the amount of $25 per day for each 30 employee who has been affected by a violation of this Act 31 or in an amount equal to the damages awarded under items 32 (i) and (ii) above, whichever is greater. 33 (iv) Reasonable attorney's fees and costs. -6- LRB9200770ARcd 1 Section 90. Severability. The provisions of this Act are 2 severable under Section 1.31 of the Statute on Statutes. 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.
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