House Bill hb0767

    Florida House of Representatives - 2002                 HB 767

        By Representative Bendross-Mindingall






  1                      A bill to be entitled

  2         An act relating to health care union organizing

  3         activities; prohibiting inclusion of certain

  4         activities in determinations of nursing home

  5         staffing standards; prohibiting inclusion of

  6         certain salaries or expenses as allowable

  7         Medicaid costs; providing a limited exclusion

  8         from application; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  (1)  Participation by an employee of a

13  nursing home in any activity that assists, promotes, deters,

14  or discourages union organizing shall not be allowed during

15  any time the employee is counted in staffing calculations for

16  minimum staffing standards.

17         (2)  Salaries paid by any health care provider to an

18  employee for any activity that assists, promotes, deters, or

19  discourages union organizing shall not be an allowable cost

20  for Medicaid cost reporting purposes.

21         (3)  Any expense, including, but not limited to, legal

22  and consulting fees and salaries of supervisors and employees,

23  incurred for activities directly relating to influencing

24  employees with respect to unionization shall not be an

25  allowable cost for Medicaid cost reporting purposes.

26         (4)  This section does not apply to any activity

27  performed, or any expense incurred, in connection with:

28         (a)  Addressing a grievance or negotiating or

29  administering a collective bargaining agreement;

30         (b)  Performing an activity required by federal or

31  state law or by a collective bargaining agreement; or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                 HB 767

    749-103B-02






  1         (c)  Keeping employees informed of issues and keeping

  2  lines of communication open between employees and employers as

  3  a part of normal personnel management,

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  5  provided such activities or expenses are not directly related

  6  to influencing employees with respect to unionization.

  7         Section 2.  This act shall take effect upon becoming a

  8  law.

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11                          HOUSE SUMMARY

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      Prohibits including union organizing activities in
13    determinations of nursing home staffing standards.
      Prohibits including salaries paid by a health care
14    provider to an employee for union organizing activities
      or expenses incurred for such activities as allowable
15    Medicaid costs. Excludes specified activities and
      expenses from the prohibition if the activities or
16    expenses are not directly related to union organization.
      See bill for details.
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CODING: Words stricken are deletions; words underlined are additions.