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JOINT RESOLUTION APPROVING UTAH DEPARTMENT OF

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CORRECTIONS SETTLEMENT AGREEMENT

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2020 FIFTH SPECIAL SESSION

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STATE OF UTAH

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Chief Sponsor: V. Lowry Snow

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Senate Sponsor: Todd Weiler

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8     LONG TITLE
9     General Description:
10          This joint resolution of the Legislature approves the negotiated settlement agreement
11     for Ronald May et al. v. Utah Department of Corrections regarding Chronic Hepatitis C
12     treatment for Utah Department of Corrections inmates.
13     Highlighted Provisions:
14          This resolution:
15          ▸     approves the negotiated settlement agreement for Ronald May et al. v. Utah
16     Department of Corrections regarding Chronic Hepatitis C treatment for Utah
17     Department of Corrections inmates.
18     Special Clauses:
19          None
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21     Be it resolved by the Legislature of the state of Utah:
22          WHEREAS, the Utah Department of Corrections (UDC) was sued by Ronald May and
23     others representing a class of inmates suffering from Chronic Hepatitis C, alleging that UDC
24     denied necessary medical care by failing to use direct-acting antiviral drugs in Chronic
25     Hepatitis C treatments, in Ronald May et al. v. Utah Department of Corrections;
26          WHEREAS, plaintiffs and UDC have negotiated a settlement agreement;
27          WHEREAS, by entering into this settlement agreement, UDC agrees to screen and treat
28     inmates for Chronic Hepatitis C using direct-acting antivirals, in accordance with the terms set

29     forth in the settlement agreement;
30          WHEREAS, by entering into this agreement, UDC also agrees to provide preventative
31     health education and notice of the settlement to inmates, in accordance with the terms set forth
32     in the settlement agreement;
33          WHEREAS, by entering into this agreement, UDC agrees to pay a sum of
34     $4,500--inclusive of all costs and fees in complete and final settlement of Ronald May et al. v.
35     Utah Department of Corrections--to each class representative plaintiff;
36          WHEREAS, by entering into this agreement, UDC agrees to pay a sum of $181,999 in
37     attorney fees and costs;
38          WHEREAS, the settlement agreement provides flexibility to UDC in treating inmates
39     based on the severity of their illness and phases in treatment plans;
40          WHEREAS, the settlement agreement shall be terminated as of June 30, 2024; and
41          WHEREAS, as per Section 63G-10-303, the Legislature and governor must approve
42     settlements of more than $1,000,000 before a governmental entity may sign such an agreement:
43          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
44     approves the settlement agreement for Ronald May et al. v. Utah Department of Corrections.