State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]


92_HB3011

 
                                               LRB9206926DJmg

 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.
13             "Vendor  reimbursements"  means  moneys  paid  to  a
14        vendor for goods or services provided  to  recipients  of
15        medical assistance under Article V.
16        (b) A vendor may not use vendor reimbursements to pay for
17    activities  directly  related to influencing employees of the
18    vendor  regarding  their  decision  to  organize  or  not  to
19    organize and to form a union or to join  an  existing  union,
20    because  these  activities  are  not  directly related to the
21    purchase  of  goods  or  services  for  recipients.    Vendor
22    reimbursements  may  not  be  used  for  these  activities by
23    officers or employees of the vendor,  or  by  an  independent
24    contractor,  consultant, or attorney with whom the vendor has
25    entered into a contract.  Vendor reimbursements  may  not  be
26    used to litigate the issue of the application of the National
27    Labor  Relations Act to, nor the jurisdiction of the National
28    Labor Relations  Board  over,  a  vendor.   Nothing  in  this
29    Section  shall  be construed as limiting an employer's rights
30    under Section 8(c)  of  the  National  Labor  Relations  Act.
31    Nothing  in  this  Section shall be construed as limiting the
 
                            -2-                LRB9206926DJmg
 1    use of State funds by a vendor in the employment of,  or  for
 2    contracting   for,   assistance   in  good  faith  collective
 3    bargaining or  in  handling  employee  grievances,  including
 4    arbitration, under an employee-employer contract.
 5        (c) If a vendor engages in activities directly related to
 6    influencing  employees of the vendor regarding their decision
 7    to organize or not to organize and to form a union or to join
 8    an existing union, the vendor must document the cost of those
 9    activities and show that no vendor reimbursements  were  used
10    to  pay  for  those  activities  in whole or in part.  If the
11    vendor engages in those activities during  a  time  when  the
12    vendor's  employees  are  ordinarily  performing their normal
13    duties, the vendor must  maintain  records  showing  (i)  the
14    date, time, and length of each meeting with employees held in
15    connection with those activities and (ii) the identity of all
16    participants in those meetings.
17        (d)  If  (i)  a  vendor  engages  in  activities directly
18    related to influencing  employees  of  the  vendor  regarding
19    their  decision  to organize or not to organize and to form a
20    union or to join an existing  union,  (ii)  those  activities
21    involved  employees of the vendor whose normal duties involve
22    providing  goods  or  services  to  recipients   of   medical
23    assistance,  and (iii) those activities were conducted during
24    a period of time during which the employee  would  ordinarily
25    perform  the  employee's  normal  duties,  then  there  is an
26    irrebuttable presumption that vendor reimbursements were used
27    to pay for a proportionate share of those activities.  If  it
28    is   determined   that   a   vendor  improperly  used  vendor
29    reimbursements to pay for activities  as  described  in  this
30    subsection,  then the vendor is subject to a civil penalty in
31    an amount equal to the proportion of the total cost of  those
32    activities  that  represents  the  proportion of the vendor's
33    total revenues that were vendor reimbursements in  the  State
34    fiscal year in which the vendor engaged in those activities.
 
                            -3-                LRB9206926DJmg
 1        (e)  If  it  is  determined that a vendor improperly used
 2    vendor reimbursements to pay for  activities  other  than  as
 3    described in subsection (d), then:
 4             (1) the vendor must repay to the State the amount of
 5        moneys  spent on activities in violation of this Section;
 6        and
 7             (2) the vendor is subject to a civil penalty  in  an
 8        amount  equal  to  twice  the  amount  of moneys spent on
 9        activities in violation of this Section.
10        (f) The Illinois  Department  may  impose  a  demand  for
11    repayment  or a civil penalty under this Section after notice
12    and an opportunity for the vendor to be heard on the  matter.
13    The  Attorney  General  may bring a civil action on behalf of
14    the Illinois Department to  enforce  the  collection  of  any
15    repayment  or  civil  penalty imposed under this Section.  If
16    the Attorney General declines to bring such  an  action,  any
17    person  may  bring  such  an action on behalf of the Illinois
18    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.

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