Bill Text: IL HB1653 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Hospital Services Trust Fund Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish a health care transformation program that shall be supported by the transformation funding pool. Provides that it is the intention of the General Assembly that innovative partnerships funded by the pool must be designed to establish or improve integrated health care delivery systems that will provide significant access to the Medicaid and uninsured populations in their communities, as well as improve health care equity. Provides that during State fiscal years 2021 through 2027, the hospital and health care transformation program shall be supported by an annual transformation funding pool of up to $150,000,000, pending federal matching funds, to be allocated during the specified fiscal years for the purpose of facilitating hospital and health care transformation. Provides that funding agreements made in accordance with the transformation program shall be considered purchases of care under the Illinois Procurement Code and funds shall be expended by the Department in a manner that maximizes federal funding to expend the entire allocated amount. Contains provisions concerning the criteria for transformation proposals; entities eligible for funding under the transformation program; the process for submitting transformation projects; the Department's process for evaluating and approving transformation proposals; and other matters. Effective immediately.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Engrossed - Dead) 2021-01-12 - Placed on Calendar Order of Concurrence Senate Amendment(s) 1 [HB1653 Detail]

Download: Illinois-2019-HB1653-Engrossed.html

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AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Procurement Code is amended by
changing Section 50-60 and by adding Section 50-14.6 as
follows:
(30 ILCS 500/50-14.6 new)
Sec. 50-14.6. Wage payment violations.
(a) No person or business that has admitted guilt or
liability or has been adjudicated guilty or liable in a
judicial or administrative proceeding of committing a repeated
or willful violation of the Illinois Wage Payment and
Collection Act, the Minimum Wage Law, the Illinois Worker
Adjustment and Retraining Notification Act, the Employee
Classification Act, the Day and Temporary Labor Services Act,
the Fair Labor Standards Act of 1938, any other State law
relating to wages and payments of wages, or any comparable
statute, law, or regulation of any state which governs wages or
the payment of wages shall do business with the State of
Illinois or any State agency or enter into a subcontract that
is subject to this Code for a period of 5 years from the date of
conviction, entry of a plea, administrative finding, or
admission of guilt.

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(b) Every bid or offer submitted to the State, every
contract executed by the State, every submission to a vendor
portal, and every subcontract subject to Section 20-120 of this
Code shall contain a certification by the bidder, offeror,
potential contractor, contractor, or subcontractor,
respectively, that the bidder, offeror, potential contractor,
contractor, or subcontractor is not barred from being awarded a
contract or subcontract under this Section and acknowledges
that the contracting State agency may declare the related
contract void if any of the certifications completed pursuant
to this subsection are false. If the false certification is
made by a subcontractor, then the contractor's submitted bid or
offer and the executed contract may not be declared void,
unless the contractor refuses to terminate the subcontract upon
the State's request after a finding that the subcontract's
certification was false.
(c) The provisions of this Section do not apply to vendors
or contracts providing for Special Supplemental Nutrition
Program for Women, Infants, and Children (WIC) benefits,
Supplemental Nutrition Assistance Program (SNAP) benefits, or
Medicaid benefits.
(30 ILCS 500/50-60)
Sec. 50-60. Voidable contracts.
(a) If any contract or amendment thereto is entered into or
purchase or expenditure of funds is made at any time in

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violation of this Code or any other law, the contract or
amendment thereto may be declared void by the chief procurement
officer or may be ratified and affirmed, provided the chief
procurement officer determines that ratification is in the best
interests of the State. If the contract is ratified and
affirmed, it shall be without prejudice to the State's rights
to any appropriate damages.
(b) If, during the term of a contract, the chief
procurement officer determines that the contractor is
delinquent in the payment of debt as set forth in Section 50-11
of this Code, the chief procurement officer may declare the
contract void if it determines that voiding the contract is in
the best interests of the State. The Debt Collection Bureau
shall adopt rules for the implementation of this subsection
(b).
(c) If, during the term of a contract, the chief
procurement officer determines that the contractor is in
violation of Section 50-10.5 of this Code, the chief
procurement officer shall declare the contract void.
(d) If, during the term of a contract, the contracting
agency learns from an annual certification or otherwise
determines that the contractor no longer qualifies to enter
into State contracts by reason of Section 50-5, 50-10, 50-12,
50-14, or 50-14.5, or 50-14.6 of this Article, the chief
procurement officer may declare the contract void if it
determines that voiding the contract is in the best interests

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of the State.
(e) If, during the term of a contract, the chief
procurement officer learns from an annual certification or
otherwise determines that a subcontractor subject to Section
20-120 no longer qualifies to enter into State contracts by
reason of Section 50-5, 50-10, 50-10.5, 50-11, 50-12, 50-14, or
50-14.5, or 50-14.6 of this Article, the chief procurement
officer may declare the related contract void if it determines
that voiding the contract is in the best interests of the
State. However, the related contract shall not be declared void
unless the contractor refuses to terminate the subcontract upon
the State's request after a finding that the subcontractor no
longer qualifies to enter into State contracts by reason of one
of the Sections listed in this subsection.
(f) The changes to this Section made by Public Act 96-795
apply to actions taken by the chief procurement officer on or
after July 1, 2010.
(g) The changes to this Section made by this amendatory Act
of the 101st General Assembly apply to actions taken by the
chief procurement officer on or after its effective date.
(Source: P.A. 96-493, eff. 1-1-10; 96-795, eff. 7-1-10 (see
Section 5 of P.A. 96-793 for the effective date of changes made
by P.A. 96-795); 96-1000, eff. 7-2-10; 97-895, eff. 8-3-12.)
Section 10. The Illinois Wage Payment and Collection Act is
amended by changing Section 14 as follows:

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(820 ILCS 115/14) (from Ch. 48, par. 39m-14)
Sec. 14. (a) Any employee not timely paid wages, final
compensation, or wage supplements by his or her employer as
required by this Act shall be entitled to recover through a
claim filed with the Department of Labor or in a civil action,
but not both, the amount of any such underpayments and damages
of 2% of the amount of any such underpayments for each month
following the date of payment during which such underpayments
remain unpaid. In a civil action, such employee shall also
recover costs and all reasonable attorney's fees.
(a-5) In addition to the remedies provided in subsections
(a), (b), and (c) of this Section, any employer or any agent of
an employer, who, being able to pay wages, final compensation,
or wage supplements and being under a duty to pay, wilfully
refuses to pay as provided in this Act, or falsely denies the
amount or validity thereof or that the same is due, with intent
to secure for himself or other person any underpayment of such
indebtedness or with intent to annoy, harass, oppress, hinder,
delay or defraud the person to whom such indebtedness is due,
upon conviction, is guilty of:
(1) for unpaid wages, final compensation or wage
supplements in the amount of $5,000 or less, a Class 4
felony B misdemeanor; or
(2) for unpaid wages, final compensation or wage
supplements in the amount of more than $5,000, a Class 3

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felony A misdemeanor.
Each day during which any violation of this Act continues
shall constitute a separate and distinct offense.
Any employer or any agent of an employer who violates this
Section of the Act a subsequent time within 5 2 years of a
prior criminal conviction under this Section is guilty, upon
conviction, of a Class 3 4 felony.
(b) Any employer who has been demanded or ordered by the
Department or ordered by the court to pay wages, final
compensation, or wage supplements due an employee shall be
required to pay a non-waivable administrative fee to the
Department of Labor in the amount of $250 if the amount ordered
by the Department as wages owed is $3,000 or less; $500 if the
amount ordered by the Department as wages owed is more than
$3,000, but less than $10,000; and $1,000 if the amount ordered
by the Department as wages owed is $10,000 or more. Any
employer who has been so demanded or ordered by the Department
or ordered by a court to pay such wages, final compensation, or
wage supplements and who fails to seek timely review of such a
demand or order as provided for under this Act and who fails to
comply within 15 calendar days after such demand or within 35
days of an administrative or court order is entered shall also
be liable to pay a penalty to the Department of Labor of 20% of
the amount found owing and a penalty to the employee of 1% per
calendar day of the amount found owing for each day of delay in
paying such wages to the employee. All moneys recovered as fees

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and civil penalties under this Act, except those owing to the
affected employee, shall be deposited into the Wage Theft
Enforcement Fund, a special fund which is hereby created in the
State treasury. Moneys in the Fund may be used only for
enforcement of this Act.
(b-5) Penalties and fees under this Section may be assessed
by the Department and recovered in a civil action brought by
the Department in any circuit court or in any administrative
adjudicative proceeding under this Act. In any such civil
action or administrative adjudicative proceeding under this
Act, the Department shall be represented by the Attorney
General.
(c) Any employer, or any agent of an employer, who
discharges or in any other manner discriminates against any
employee because that employee has made a complaint to his
employer, to the Director of Labor or his authorized
representative, in a public hearing, or to a community
organization that he or she has not been paid in accordance
with the provisions of this Act, or because that employee has
caused to be instituted any proceeding under or related to this
Act, or because that employee has testified or is about to
testify in an investigation or proceeding under this Act, is
guilty, upon conviction, of a Class C misdemeanor. An employee
who has been unlawfully retaliated against shall be entitled to
recover through a claim filed with the Department of Labor or
in a civil action, but not both, all legal and equitable relief

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as may be appropriate. In a civil action, such employee shall
also recover costs and all reasonable attorney's fees.
(Source: P.A. 98-527, eff. 1-1-14.)