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| [ Introduced ] | [ House Amendment 001 ] |
92_HB3011eng HB3011 Engrossed 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, 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 HB3011 Engrossed -2- LRB9206926DJmg 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 HB3011 Engrossed -3- LRB9206926DJmg 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 Illinois Department 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 Illinois Department 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 Illinois 21 Department. 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.