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90_HB0993
New Act
30 ILCS 505/6 from Ch. 127, par. 132.6
Creates the Correctional Managed Health Care Advisory
Committee Act. Establishes the Correctional Managed Health
Care Advisory Committee. Provides for the appointment of
committee members. Provides that the committee shall develop
a managed health care plan for all persons confined by the
Department of Corrections. Provides that the managed health
care plan shall be integrated with the public medical schools
of this State. Contains other provisions. Amends the
Illinois Purchasing Act. Provides that contracts for
professional skills under the Correctional Managed Health
Care Advisory Committee Act shall be subject to the
provisions of the Illinois Purchasing Act.
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1 AN ACT to create the Correctional Managed Health Care
2 Advisory Committee Act.
3 WHEREAS, A cost-effective response is necessary to
4 address the escalating costs of health care provided to
5 inmates under the jurisdiction of the Illinois Department of
6 Corrections; and
7 WHEREAS, The Department of Corrections has privatized the
8 management of inmate health care since 1985; and
9 WHEREAS, The contracts for comprehensive health care
10 services have totaled over $50,000,000 in recent years; and
11 WHEREAS, The prison environment lends itself to a managed
12 health care system because there is a defined population of
13 prisoners who must receive health care services; and
14 WHEREAS, Managed care has the ability to facilitate the
15 delivery of cost effective, quality, and timely care; and
16 WHEREAS, Southern Illinois University and the University
17 of Illinois have medical units capable of providing managed
18 health care to inmates under the jurisdiction of the
19 Department of Corrections; and
20 WHEREAS, By maximizing the use of the State's medical
21 schools, securing efficiencies through improved governmental
22 collaboration, and using the tools of managed care, the State
23 will be better able to improve access to quality health care
24 while containing cost; and
25 WHEREAS, Because many State prisons are located near
26 rural communities with limited health care opportunities,
27 universities will have a greater ability to develop
28 partnerships among local hospitals which may help stabilize
29 local cash flow, eliminate the competition for scarce health
30 care providers, and serve to improve the overall levels of
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1 care available in the community; therefore
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Correctional Managed Health Care Advisory Committee Act.
6 Section 5. Definitions. In this Act, unless the context
7 otherwise requires:
8 "Department" means the Department of Corrections.
9 "Director" means the Director of Corrections.
10 "Committee" means the Correctional Managed Health Care
11 Advisory Committee.
12 Section 10. Correctional Managed Health Care Advisory
13 Committee.
14 (a) The Correctional Managed Health Care Advisory
15 Committee is established within the Department of
16 Corrections.
17 (b) The Committee shall consist of:
18 (i) 2 members employed full time by the Department
19 of Corrections, at least one of whom is a physician,
20 appointed by the Director;
21 (ii) 2 members employed full-time by the
22 University of Illinois, at least one of whom is a
23 physician, appointed by the Dean of the College of
24 Medicine; and
25 (iii) 2 members employed full-time by Southern
26 Illinois University, at least one of whom is a
27 physician, appointed by the President of the University.
28 (c) Committee members serve at the pleasure of the
29 appointing official or until termination of the member's
30 employment with the entity the member represents.
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1 (d) An appointment to the committee shall be made
2 without regard to race, creed, sex, religion, disability, or
3 national origin of the appointee.
4 (e) Committee members shall serve without compensation
5 but are entitled to reimbursement for actual and necessary
6 expenses incurred in the performance of the duties of the
7 Committee.
8 (f) The Committee shall meet at least once in each
9 quarter of the calendar year and at any other time at the
10 call of the chairperson.
11 (g) Subject to appropriation, the Committee may hire a
12 managed health care administrator and may employ personnel
13 necessary for the administration of the Committee's duties.
14 The Department shall pay necessary costs for the operation of
15 the Committee, including costs of personnel, from funds
16 appropriated by the General Assembly to the Department.
17 (h) The Committee may hold a meeting or may authorize
18 meetings by telephone, conference call, or other video or
19 broadcasting technology.
20 (i) Annually, the Committee shall select one of its
21 members as chairperson.
22 Section 15. Powers and duties. The Committee shall have
23 the following powers and duties:
24 (a) To develop a managed health care plan for all
25 persons confined by the Department of Corrections that
26 includes:
27 (i) the establishment of a managed care network of
28 physicians and hospitals that will serve the Department
29 as the exclusive health care provider for persons
30 confined in facilities operated by the Department;
31 (ii) cost containment studies; and
32 (iii) care case management and utilization
33 management studies performed for the Department.
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1 (b) To the extent possible, to integrate the managed
2 health care provider network with the public medical schools
3 of the State and the component and affiliated hospitals of
4 those medical schools.
5 (c) For those services that the public medical schools
6 and their components and affiliates cannot provide or arrange
7 for, to initiate a competitive bidding process for contracts
8 with other providers for medical care to persons confined by
9 the Department.
10 (d) To enter into a contract on behalf of the Department
11 to fully implement the managed health care plan under
12 subsection (a) of this Section.
13 (e) In addition to providing services to the Department,
14 to contract with other entities for similar health care
15 services and to integrate those services into the managed
16 health care provider network.
17 Section 20. Sites for new facilities. The managed health
18 care provider network shall evaluate and recommend to the
19 Committee sites for any new medical facilities that may be
20 necessary to support the managed health care provider
21 network.
22 Section 100. The Illinois Purchasing Act is amended by
23 changing Section 6 as follows:
24 (30 ILCS 505/6) (from Ch. 127, par. 132.6)
25 Sec. 6. State agency purchasing procedures. State
26 agencies may provide that prospective contractors be
27 prequalified to determine their responsibility, as required
28 by this Act. State agencies shall also provide, among other
29 matters which are not in conflict with the policies and
30 principles herein set forth:
31 a. That all purchases, contracts and expenditure of
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1 funds shall be awarded pursuant to a competitive selection
2 procedure which may provide that contracts be awarded to the
3 lowest responsible bidder considering conformity with
4 specifications, terms of delivery, quality and
5 serviceability, except as provided in paragraphs e, f, g and
6 h of this Section.
7 However, a competitive selection procedure need not be
8 followed in the following cases:
9 (1) Where the goods or services to be procured are
10 economically procurable from only one source, such as
11 contracts for local exchange telephone service,
12 electrical energy, and other public utility services,
13 books, pamphlets and periodicals, and specially designed
14 business and research equipment and related supplies.
15 (2) Where the services required are for
16 professional or artistic skills pursuant to a written
17 contract, except as otherwise provided under subsections
18 (c) and (d) of Section 15 of the Correctional Managed
19 Health Care Advisory Committee Act.
20 (3) In emergencies involving public health, public
21 safety, or where immediate expenditure is necessary for
22 repairs to State property in order to protect against
23 further loss of or damage to State property, to prevent
24 or minimize serious disruption in State services or to
25 insure the integrity of State records.
26 If funds are expended in an emergency under this
27 subdivision a(3), by purchase, contract, or otherwise, the
28 person authorizing the expenditure shall file an affidavit
29 with the Auditor General within 10 days after the purchase or
30 contract, setting forth the amount expended, the name of the
31 vendor or contractor, and the circumstances requiring the
32 emergency purchase. If only an estimate of the cost is
33 available at the time of filing, the person authorizing the
34 expenditure must report the actual cost to the Auditor
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1 General as soon as that cost is determined.
2 The Auditor General shall file with the Legislative Audit
3 Commission and the Governor, at the end of each fiscal
4 quarter, a complete listing of all emergency purchases and
5 contracts reported during that fiscal quarter. The
6 Legislative Audit Commission shall make a thorough review of
7 all emergency purchases so reported, and in its annual report
8 to the General Assembly the Commission shall identify any
9 emergency purchase that appears to constitute an abuse of the
10 authority granted under this subdivision a(3).
11 (4) In case of expenditures for personal services
12 paid to employees or officers of a State agency. As used
13 in this paragraph, "personal services" has the meaning
14 ascribed to that term in Section 14 of the State Finance
15 Act.
16 (5) Contracts for repairs, maintenance, remodeling,
17 renovation, or construction of a single project involving
18 an expenditure not to exceed $10,000 and not involving a
19 change or increase in the size, type or extent of an
20 existing facility.
21 (6) Contracts for repairs, maintenance, or any
22 other services not specifically exempt from a competitive
23 selection procedure under this Act where individual
24 orders for such services do not exceed $25,000.
25 (7) Purchases of commodities and equipment where
26 individual orders are less than $25,000.
27 (8) Contracts for the maintenance or servicing of,
28 or provision of repair parts for equipment which are made
29 with the manufacturers or authorized service agent of
30 that equipment where the provision of parts, maintenance
31 or servicing can best be performed by the manufacturer or
32 authorized service agent or such a contract would
33 otherwise be advantageous to the State, but the exception
34 provided in this sub-paragraph (8) does not apply to the
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1 subdivisions of work listed in paragraph a-1-a of this
2 Section.
3 (9) Where the goods or services are procured from
4 another governmental agency.
5 (10) Purchases and contracts for the use, purchase,
6 delivery, movement or installation of data processing
7 equipment, software or services and telecommunications
8 and inter-connect equipment, software and services.
9 (11) Personal service contracts made by members,
10 officers, committees, or commissions of the General
11 Assembly.
12 (12) Any contract for duplicating machines and
13 supplies.
14 (13) Any contract for the purchase of natural gas
15 when the cost is less than that offered by a public
16 utility.
17 (14) Any contract for State Lottery tickets or
18 shares or for other State Lottery game related services.
19 (15) Purchases of and contracts for office
20 equipment and associated supplies when such contracts
21 provide for prices that are equal to or lower than
22 Federal General Services Administration contracts and
23 when such contracts or pricing result in economical
24 advantage to the State.
25 (16) Purchases and contracts by the Department of
26 State Police for the use, purchase or installation of
27 forensic science laboratory analytical equipment and
28 analytical data processing equipment used for forensic
29 science laboratory purposes only, including equipment
30 which is microprocessor controlled or controllable, and
31 its software. Prior to the purchase of or contract for
32 such equipment, the Director of the Department of State
33 Police shall certify to the Comptroller and the Auditor
34 General that such equipment is necessary and an integral
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1 component of the Department of State Police's statutory
2 investigatory duties and that competitive bidding will
3 hamper such statutory duties. Such certification shall
4 include the prices of and specifications of the equipment
5 to be purchased or contracted for and the prices,
6 specifications and reasons for rejection of comparative
7 equipment by the Department of State Police. The
8 Comptroller shall file such certification with any
9 purchase vouchers or files maintained for the purchase.
10 The Auditor General shall require such certification to
11 be noted in audits performed at his direction.
12 (17) Purchases and contracts by the Department of
13 Nuclear Safety for the use, purchase or installation of
14 radiochemistry laboratory equipment, instruments and
15 equipment used to detect radiation or radioactivity, and
16 data processing equipment used for purposes of detecting
17 radiation or radioactivity. Prior to the purchase of or
18 contract for such equipment, the Director of the
19 Department of Nuclear Safety shall certify to the
20 Comptroller that such equipment is necessary and an
21 integral component of the Department of Nuclear Safety's
22 emergency response or radiation monitoring programs and
23 that competitive bidding will hamper such programs. Such
24 certification shall include the prices of and
25 specifications of the equipment to be purchased or
26 contracted for and the prices, specifications and reasons
27 for rejection of comparable equipment by the Department
28 of Nuclear Safety. The Comptroller shall file such
29 certification with any purchase vouchers or files
30 maintained for the purchase.
31 (18) Contracts entered into on or before June 30,
32 1998 under Section 49.25h of the Civil Administrative
33 Code of Illinois for leasing or for providing for use of
34 railroad locomotives or other rolling stock (including as
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1 it may be altered, improved, serviced, maintained,
2 repaired, or rehabilitated) in existence at the time the
3 contract is entered into.
4 a-1. In case of contracts for the construction of
5 buildings, or for other construction work in or about
6 buildings and grounds, where the entire estimated cost of
7 such work exceeds $25,000, State agencies may provide that
8 prospective contractors, as well as architects and engineers
9 employed in connection with such projects, be prequalified to
10 determine their responsibility. Such prequalification may
11 require, without limitation, that the applicant for
12 prequalification list all public works contracts he has
13 performed within 2 years of the date of application, or the 4
14 most recent public works contracts he has performed,
15 whichever is fewer, and state whether he complied with the
16 Illinois Wage Assignment Act in performing such contracts.
17 Such statement shall be made under oath or affirmation and if
18 made falsely is punishable as perjury under Section 32-2 of
19 the Criminal Code of 1961.
20 a-1-a. Separate specifications shall be prepared, with
21 the exception of the Cardinal Creek Housing project and 2
22 grade schools associated with the Scott Joint-Use Airport in
23 St. Clair County which shall be permitted, as a one-time
24 exclusion, to allow turn-key development of the required
25 facilities on the basis of competitive quality, performance,
26 and price, for all equipment, labor and materials in
27 connection with the following 5 subdivisions of the work to
28 be performed:
29 1. Plumbing.
30 2. Heating, piping, refrigeration and automatic
31 temperature control systems, including the testing and
32 balancing of such systems.
33 3. Ventilating and distribution systems for
34 conditioned air, including the testing and balancing of
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1 such systems.
2 4. Electric wiring.
3 5. General contract work.
4 Such specifications shall be so drawn as to permit
5 separate and independent competitive bidding upon each of the
6 above 5 subdivisions of work; provided, however, if the total
7 estimated cost of all such work is less than $250,000,
8 separate and independent specifications are not required.
9 All contracts awarded for any part thereof shall award the 5
10 subdivisions of such work separately to responsible and
11 reliable persons, firms or corporations engaged in these
12 classes of work. Such contracts, at the discretion of the
13 awarding authority, may be assigned to the successful bidder
14 on the general contract work, or to the successful bidder on
15 the subdivision of work designated by the awarding authority
16 prior to competitive bidding as the prime subdivision of
17 work; provided that all payments will be made directly to the
18 contractors for the 5 subdivisions of such work upon
19 compliance with the conditions of the contract. A contract
20 may be let for one or more buildings in any project to the
21 same contractor. The specifications shall require, however,
22 that unless the buildings are identical, a separate price
23 shall be submitted for each building. The contract may be
24 awarded to the lowest responsible bidder for each or all of
25 the buildings included in the specifications.
26 As used in this subdivision a-1-a, "competitive bidding"
27 means bidding in which (i) bids are publicly solicited and
28 opened, (ii) the terms and conditions of the solicitation and
29 the bidding process apply equally to all bidders, (iii) bids
30 are awarded to the lowest responsive responsible bidder, and
31 (iv) the procedures used and imposed by the agency conform to
32 any applicable agency rules. A solicitation for bids may not
33 impose restrictions on source, supplier, or manufacturer,
34 except as otherwise provided in this Section. Competitive
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1 bidding constitutes a competitive selection procedure for the
2 purposes of this Act.
3 Whenever any contract entered into by a State agency for
4 the repair, remodeling, renovation or construction of a
5 building or structure or for the construction or maintenance
6 of a highway, as those terms are defined in Article 2 of the
7 Illinois Highway Code, or for the reclamation of abandoned
8 lands as those terms are defined in Article I of the
9 Abandoned Mined Lands and Water Reclamation Act, provides for
10 retention of a percentage of the contract price until final
11 completion and acceptance of the work, upon the request of
12 the contractor and with the approval of the State agency the
13 amount so retained may be deposited under a trust agreement
14 with an Illinois bank of the contractor's choice and subject
15 to the approval of the State agency. The contractor shall
16 receive any interest thereon. Upon application by the
17 contractor, the trust agreement must contain, as a minimum,
18 the following provisions:
19 A. the amount to be deposited subject to the trust;
20 B. the terms and conditions of payment in case of
21 default of the contractor;
22 C. the termination of the trust agreement upon
23 completion of the contract; and
24 D. the contractor shall be responsible for
25 obtaining the written consent of the bank trustee, and
26 any costs or service fees shall be borne by the
27 contractor.
28 The trust agreement may, at the discretion of the State
29 agency and upon request of the contractor, become operative
30 at the time of the first partial payment in accordance with
31 existing statutes and the State agency procedures.
32 a-2. In case of contracts for the purchase of supplies,
33 materials, commodities and equipment, wherever feasible
34 proposals shall be required to be itemized as to kind and the
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1 solicitation for proposals shall state, with such degree of
2 particularity as the nature of the case permits, the quantity
3 of each item required.
4 a-3. That all contracts for the rental or lease of
5 electronic data processing equipment shall include a clause
6 that if more favorable terms are granted by the lessor,
7 supplier, dealer, or manufacturer to any similar state or
8 local governmental agency in any state in contemporaneous
9 leases or rental agreements covering data processing
10 equipment let under the same or similar financial terms and
11 circumstances, the more favorable terms shall be applicable
12 to all agreements or contracts made by any similar Illinois
13 state agency for the rental or lease of comparable data
14 processing equipment from the lessor, supplier, dealer, or
15 manufacturer.
16 b. That competitive procurement procedures shall be in
17 conformance with accepted business practices.
18 c. That proposals shall be publicly opened at the day
19 and hour and at the place specified in the solicitations.
20 d. That any contractor may be suspended for not more
21 than one year for violation of the competitive procurement
22 procedures of any State agency or for failure to conform to
23 specifications or terms of delivery.
24 e. When a public contract is to be awarded under
25 competitive selection procedures, a resident contractor must
26 be allowed a preference as against a non-resident bidder from
27 any state which gives or requires a preference to contractors
28 from that state. The preference is to be equal to the
29 preference given or required by the state of the non-resident
30 contractor. Further, if only non-resident contractors are
31 under consideration, the purchasing agency is within its
32 right to specify that Illinois labor and manufacturing
33 locations be used as a part of the manufacturing process, if
34 applicable. This specification may be negotiated, as part of
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1 the solicitation process.
2 f. "Resident contractor" as used in this Section means a
3 person authorized to transact business in this State and
4 having a bona fide establishment for transacting business
5 within this State at which it was actually transacting
6 business on the date when any competitive solicitation for a
7 public contract is first advertised or announced, including a
8 foreign corporation duly authorized to transact business in
9 this State which has a bona fide establishment for
10 transacting business within this State at which it was
11 actually transacting business on the date when any
12 competitive solicitation for a public contract is first
13 advertised or announced.
14 g. Paragraphs e and f of this Section do not apply to
15 any contract for any project as to which federal funds are
16 available for expenditure when such paragraphs may be in
17 conflict with federal law or federal regulation.
18 h. When a public contract is to be awarded under
19 competitive procurement procedures, an otherwise qualified
20 bidder who will fulfill the contract through the use of
21 products made of recycled materials may, on a pilot basis or
22 pursuant to a pilot study, be given preference over other
23 contractors unable to do so, provided that the cost included
24 in the proposal of products made of recycled materials is not
25 more than 10% greater than the cost of such products not made
26 of recycled materials.
27 i. That every contract for the provision of goods or
28 services shall provide that the vendor or contractor shall
29 maintain, for a minimum of 5 years after the completion of
30 the contract, adequate books, records, and supporting
31 documents to verify the amounts, recipients, and uses of all
32 disbursements of funds passing in conjunction with the
33 contract; that the contract and all books, records, and
34 supporting documents related to the contract shall be
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1 available for review and audit by the Auditor General; and
2 that the contractor agrees to cooperate fully with any audit
3 conducted by the Auditor General and to provide full access
4 to all relevant materials. Failure to maintain the books,
5 records, and supporting documents required by this Section
6 shall establish a presumption in favor of the State for the
7 recovery of any funds paid by the State under the contract
8 for which adequate books, records, and supporting
9 documentation are not available to support their purported
10 disbursement.
11 j. A contract or expenditure that was made after June
12 30, 1992 and before the effective date of this amendatory Act
13 of 1995 shall not become invalid or be otherwise affected by
14 the changes to subdivision a-1-a of this Section made by this
15 amendatory Act of 1995.
16 (Source: P.A. 88-45; 89-254, eff. 8-8-95; 89-710, eff.
17 2-14-97.)