093_SB1999

 
                                     LRB093 03300 DRJ 03317 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 "vendor" does not mean a facility
13        licensed under the Nursing Home Care Act as a skilled  or
14        intermediate  care  facility,  including  an intermediate
15        care facility for the developmentally disabled.
16             "Vendor  reimbursements"  means  moneys  paid  to  a
17        vendor for goods or services provided  to  recipients  of
18        medical assistance under Article V.
19        (b) A vendor may not use vendor reimbursements to pay for
20    activities  directly  related to influencing employees of the
21    vendor  regarding  their  decision  to  organize  or  not  to
22    organize and to form a union or to join  an  existing  union,
23    because  these  activities  are  not  directly related to the
24    purchase  of  goods  or  services  for  recipients.    Vendor
25    reimbursements  may  not  be  used  for  these  activities by
26    officers or employees of the vendor,  or  by  an  independent
27    contractor,  consultant, or attorney with whom the vendor has
28    entered into a contract.  Vendor reimbursements  may  not  be
29    used to litigate the issue of the application of the National
30    Labor  Relations Act to, nor the jurisdiction of the National
31    Labor Relations  Board  over,  a  vendor.   Nothing  in  this
 
                            -2-      LRB093 03300 DRJ 03317 b
 1    Section  shall  be construed as limiting an employer's rights
 2    under Section 8(c)  of  the  National  Labor  Relations  Act.
 3    Nothing  in  this  Section shall be construed as limiting the
 4    use of State funds by a vendor in the employment of,  or  for
 5    contracting   for,   assistance   in  good  faith  collective
 6    bargaining or  in  handling  employee  grievances,  including
 7    arbitration, under an employee-employer contract.
 8        (c) If a vendor engages in activities directly related to
 9    influencing  employees of the vendor regarding their decision
10    to organize or not to organize and to form a union or to join
11    an existing union, the vendor must document the cost of those
12    activities and show that no vendor reimbursements  were  used
13    to  pay  for  those  activities  in whole or in part.  If the
14    vendor engages in those activities during  a  time  when  the
15    vendor's  employees  are  ordinarily  performing their normal
16    duties, the vendor must  maintain  records  showing  (i)  the
17    date, time, and length of each meeting with employees held in
18    connection with those activities and (ii) the identity of all
19    participants in those meetings.
20        (d)  If  (i)  a  vendor  engages  in  activities directly
21    related to influencing  employees  of  the  vendor  regarding
22    their  decision  to organize or not to organize and to form a
23    union or to join an existing  union,  (ii)  those  activities
24    involved  employees of the vendor whose normal duties involve
25    providing  goods  or  services  to  recipients   of   medical
26    assistance,  and (iii) those activities were conducted during
27    a period of time during which the employee  would  ordinarily
28    perform  the  employee's  normal  duties,  then  there  is an
29    irrebuttable presumption that vendor reimbursements were used
30    to pay for a proportionate share of those activities.  If  it
31    is   determined   that   a   vendor  improperly  used  vendor
32    reimbursements to pay for activities  as  described  in  this
33    subsection,  then the vendor is subject to a civil penalty in
34    an amount equal to the proportion of the total cost of  those
 
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 1    activities  that  represents  the  proportion of the vendor's
 2    total revenues that were vendor reimbursements in  the  State
 3    fiscal year in which the vendor engaged in those activities.
 4        (e)  If  it  is  determined that a vendor improperly used
 5    vendor reimbursements to pay for  activities  other  than  as
 6    described in subsection (d), then:
 7             (1) the vendor must repay to the State the amount of
 8        moneys  spent on activities in violation of this Section;
 9        and
10             (2) the vendor is subject to a civil penalty  in  an
11        amount  equal  to  twice  the  amount  of moneys spent on
12        activities in violation of this Section.
13        (f) The Department of Public Aid may impose a demand  for
14    repayment  or a civil penalty under this Section after notice
15    and an opportunity for the vendor to be heard on the  matter.
16    The  Attorney  General  may bring a civil action on behalf of
17    the Department of Public Aid to enforce the collection of any
18    repayment or civil penalty imposed under  this  Section.   If
19    the  Attorney  General  declines to bring such an action, any
20    person may bring such an action on behalf of  the  Department
21    of Public Aid.
22        (g)  If  an  agent  of  a  vendor knowingly violates this
23    Section, the agent is jointly and severally liable  with  the
24    vendor  for the violation and subject to imposition of demand
25    for repayment or a civil penalty under this Section.