093_HB1429

 
                                     LRB093 06201 DRJ 06311 b

 1        AN ACT in relation to public aid.

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

 4        Section 5. The Illinois Public Aid  Code  is  amended  by
 5    adding Section 12-4.25d as follows:

 6        (305 ILCS 5/12-4.25d new)
 7        Sec.  12-4.25d.  Medical assistance vendors; unionization
 8    activities.
 9        (a) In this Section:
10             "Vendor"  means  a  vendor  of  goods  or   services
11        provided   to  recipients  of  medical  assistance  under
12        Article V, except  that  the  term  does  not  include  a
13        facility licensed under the Nursing Home Care Act.
14             "Vendor  reimbursements"  means  moneys  paid  to  a
15        vendor  for  goods  or services provided to recipients of
16        medical assistance under Article V.
17        (b) A vendor may not use vendor reimbursements to pay for
18    activities directly related to influencing employees  of  the
19    vendor  regarding  their  decision  to  organize  or  not  to
20    organize  and  to  form a union or to join an existing union,
21    because these activities are  not  directly  related  to  the
22    purchase   of  goods  or  services  for  recipients.   Vendor
23    reimbursements may  not  be  used  for  these  activities  by
24    officers  or  employees  of  the vendor, or by an independent
25    contractor, consultant, or attorney with whom the vendor  has
26    entered  into  a  contract.  Vendor reimbursements may not be
27    used to litigate the issue of the application of the National
28    Labor Relations Act to, nor the jurisdiction of the  National
29    Labor  Relations  Board  over,  a  vendor.   Nothing  in this
30    Section shall be construed as limiting an  employer's  rights
31    under  Section  8(c)  of  the  National  Labor Relations Act.
 
                            -2-      LRB093 06201 DRJ 06311 b
 1    Nothing in this Section shall be construed  as  limiting  the
 2    use  of  State funds by a vendor in the employment of, or for
 3    contracting  for,  assistance  in   good   faith   collective
 4    bargaining  or  in  handling  employee  grievances, including
 5    arbitration, under an employee-employer contract.
 6        (c) If a vendor engages in activities directly related to
 7    influencing employees of the vendor regarding their  decision
 8    to organize or not to organize and to form a union or to join
 9    an existing union, the vendor must document the cost of those
10    activities  and  show that no vendor reimbursements were used
11    to pay for those activities in whole  or  in  part.   If  the
12    vendor  engages  in  those  activities during a time when the
13    vendor's employees are  ordinarily  performing  their  normal
14    duties,  the  vendor  must  maintain  records showing (i) the
15    date, time, and length of each meeting with employees held in
16    connection with those activities and (ii) the identity of all
17    participants in those meetings.
18        (d) If  (i)  a  vendor  engages  in  activities  directly
19    related  to  influencing  employees  of  the vendor regarding
20    their decision to organize or not to organize and to  form  a
21    union  or  to  join  an existing union, (ii) those activities
22    involved employees of the vendor whose normal duties  involve
23    providing   goods   or  services  to  recipients  of  medical
24    assistance, and (iii) those activities were conducted  during
25    a  period  of time during which the employee would ordinarily
26    perform the  employee's  normal  duties,  then  there  is  an
27    irrebuttable presumption that vendor reimbursements were used
28    to  pay for a proportionate share of those activities.  If it
29    is  determined  that  a   vendor   improperly   used   vendor
30    reimbursements  to  pay  for  activities as described in this
31    subsection, then the vendor is subject to a civil penalty  in
32    an  amount equal to the proportion of the total cost of those
33    activities that represents the  proportion  of  the  vendor's
34    total  revenues  that were vendor reimbursements in the State
 
                            -3-      LRB093 06201 DRJ 06311 b
 1    fiscal year in which the vendor engaged in those activities.
 2        (e) If it is determined that  a  vendor  improperly  used
 3    vendor  reimbursements  to  pay  for activities other than as
 4    described in subsection (d), then:
 5             (1) the vendor must repay to the State the amount of
 6        moneys spent on activities in violation of this  Section;
 7        and
 8             (2)  the  vendor is subject to a civil penalty in an
 9        amount equal to twice  the  amount  of  moneys  spent  on
10        activities in violation of this Section.
11        (f)  The Department of Public Aid may impose a demand for
12    repayment or a civil penalty under this Section after  notice
13    and  an opportunity for the vendor to be heard on the matter.
14    The Attorney General may bring a civil action  on  behalf  of
15    the Department of Public Aid to enforce the collection of any
16    repayment  or  civil  penalty imposed under this Section.  If
17    the Attorney General declines to bring such  an  action,  any
18    person may bring such an action on behalf of the Department.
19        (g)  If  an  agent  of  a  vendor knowingly violates this
20    Section, the agent is jointly and severally liable  with  the
21    vendor  for the violation and subject to imposition of demand
22    for repayment or a civil penalty under this Section.