NY State Senate Bill 2023-S5667

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Mar 13, 2023	referred to health

2023-S5667 (ACTIVE) - Details

See Assembly Version of this Bill:: A4621
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §211-b, Pub Health L

2023-S5667 (ACTIVE) - Summary

Establishes temporary health care staffing agencies to assist qualified health care professionals to find temporary employment at health care facilities.

2023-S5667 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5667

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the public health law, in relation to establishing
temporary health care staffing agencies

 
PURPOSE:

The purpose of this bill is to regulate nurse staffing agencies in the
State and address price gouging activities conducted by such agencies.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the Public Health Law by adding a new
section that establishes a statutory framework for registration require-
ments of temporary health care staffing agencies under the Department of
Health, requirements for such agencies that do not comply, and estab-
lishes a fee structure.

Section 2 of this bill would establish a severability clause.

Section 3 of this bill provides the effective date shall take effect on
the ninetieth day after it shall have become law.

 
JUSTIFICATION:

Hospitals in New York continue to face extensive challenges resulting
from the Covid-19 pandemic that include unprecedented spikes in the cost
of contract labor. In New York, contract labor accounts for most of the
fiscal pressure healthcare systems and hospitals are experiencing.
Today, costs for contract labor have risen to more than 110% of pre-pan-
demic levels. Further, some nurse staffing agencies have doubled, or
tripled prices charged to hospitals prior to the pandemic and have
netted as much as 40% of those charges in profits.  In March 2022, the
average travel nurse earned approximately $3,334 per week. In contrast,
prior to the pandemic, average travel nurse salaries were about $1,800
per week.

This is not an issue confined solely to New York. In February 2021, the
American Hospital Association requested the Federal Trade Commission to
investigate anticompetitive pricing. Then in February 2022, 200 Members
of Congress sent a letter to the White House to request the COVID-19
Response Team Coordinator investigate nurse staffing agency practices
for anticompetitive and price gouging behaviors. As of June 2022, 11
states throughout the Country have introduced, and in some cases,
enacted legislation to address staffing agency activities. Therefore, it
is imperative that New York address this issue to ensure that hospitals
and healthcare systems are not unduly limited in their ability to
service patients in their network areas due to exorbitant fees for
contract labor provided by nurse staffing agencies.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

2023-S5667 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5667
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public  health  law,  in  relation  to  establishing
   temporary health care staffing agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 211-b to read as follows:
   §  211-B.  TEMPORARY  HEALTH CARE STAFFING AGENCY. 1. WHENEVER USED IN
 THIS SECTION:
   A. "TEMPORARY HEALTH CARE STAFFING AGENCY"  MEANS  A  PERSON  THAT  IS
 REGULARLY  ENGAGED IN THE BUSINESS OF PROVIDING OR PROCURING, WHETHER AS
 AN EMPLOYEE OF THE TEMPORARY HEALTH CARE STAFFING AGENCY OR AS AN  INDE-
 PENDENT  CONTRACTOR,  FOR  A  FEE, HEALTH CARE PROFESSIONALS TO SERVE AS
 TEMPORARY STAFF FOR HEALTH CARE FACILITIES. TEMPORARY HEALTH CARE STAFF-
 ING AGENCY ALSO INCLUDES ANY WEB-BASED OR APP-BASED  STAFFING  AGENCIES.
 "TEMPORARY  HEALTH  CARE  STAFFING  AGENCY" SHALL NOT INCLUDE ANY OF THE
 FOLLOWING:  (1) A GOVERNMENT AGENCY; OR (2) A HEALTH CARE FACILITY  THAT
 PROVIDES  LESS THAN FIVE STAFF MEMBERS IN AGGREGATE TO OTHER HEALTH CARE
 FACILITIES.
   B. "HEALTH CARE FACILITY" MEANS: (1) A HOSPITAL AS DEFINED IN  SECTION
 TWENTY-EIGHT  HUNDRED ONE OF THIS CHAPTER; (2) A NURSING HOME AS DEFINED
 BY SUCH SECTION; AND (3) A RESIDENTIAL HEALTH CARE FACILITY  AS  DEFINED
 BY SUCH SECTION.
   C.  "HEALTH  CARE  PROFESSIONAL"  MEANS: (1) ANY PERSON LICENSED UNDER
 ARTICLES ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B,  ONE  HUNDRED
 FIFTY-THREE,  ONE  HUNDRED  SIXTY,  ONE  HUNDRED  SIXTY-TWO, ONE HUNDRED
 SIXTY-THREE, ONE HUNDRED SIXTY-FOUR, ONE HUNDRED SIXTY-FIVE, ONE HUNDRED
 SIXTY-SIX, ONE HUNDRED SIXTY-SEVEN OR ONE  HUNDRED  SIXTY-EIGHT  OF  THE
 EDUCATION  LAW; AND (2) ANY PERSON CERTIFIED UNDER ARTICLES THIRTY-FIVE,
 THIRTY-SIX, THIRTY-SEVEN OR THIRTY-SEVEN-A OF THIS CHAPTER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02114-03-3

 S. 5667                             2
 
   D. "TEMPORARY EMPLOYEE" SHALL MEAN A HEALTH  CARE  PROFESSIONAL  HIRED
 THROUGH  A TEMPORARY HEALTH CARE STAFFING AGENCY FOR TEMPORARY PLACEMENT
 AT A HEALTH CARE FACILITY.
   2. A. EACH TEMPORARY HEALTH CARE STAFFING AGENCY SHALL ANNUALLY REGIS-
 TER  WITH  THE  DEPARTMENT  OF  HEALTH. FOR PURPOSES OF THE REGISTRATION
 REQUIREMENT, EACH PHYSICAL LOCATION OF A  HEALTH  CARE  STAFFING  AGENCY
 SHALL SEPARATELY REGISTER WITH THE DEPARTMENT OF HEALTH.
   B. THE COMMISSIONER SHALL ESTABLISH THE REGISTRATION APPLICATION FORMS
 AND  PROCEDURES PURSUANT TO THIS SUBDIVISION. EACH REGISTRATION APPLICA-
 TION SHALL BE ACCOMPANIED BY THE FEE SET FORTH IN PARAGRAPH  C  OF  THIS
 SUBDIVISION AND INCLUDE AT LEAST THE FOLLOWING:
   (1)  (I)  THE NAME AND ADDRESS OF EACH OWNER WITH AN INTEREST OF TWEN-
 TY-FIVE PERCENT OR MORE IN THE TEMPORARY HEALTH  CARE  STAFFING  AGENCY,
 EXCEPT  THAT  IF  THAT INFORMATION DOES NOT RESULT IN A DISCLOSURE OF AT
 LEAST EIGHTY-FIVE PERCENT OF THE OWNERSHIP OF  THE  AGENCY,  ALL  OWNERS
 SHALL BE DISCLOSED;
   (II) IF AN OWNER IS NOT A NATURAL PERSON, THE NAME AND ADDRESS OF EACH
 NATURAL  PERSON  WITH  MORE  THAN A TWENTY-FIVE PERCENT INTEREST IN THAT
 OWNER.
   (2) IF THE TEMPORARY HEALTH CARE STAFFING AGENCY, OR AN  OWNER,  IS  A
 CORPORATION,  A  COPY  OF  THE  ASSOCIATED ARTICLES OF INCORPORATION AND
 CURRENT BYLAWS, AND THE NAME AND ADDRESS OF EACH OFFICER AND DIRECTOR;
   (3) A COPY OF THE TEMPORARY HEALTH CARE STAFFING AGENCY'S POLICIES AND
 PROCEDURES DESIGNED TO ENSURE COMPLIANCE WITH  PARAGRAPHS  B  AND  C  OF
 SUBDIVISION SIX OF THIS SECTION AS WELL AS ANY OTHER PROOF OF COMPLIANCE
 REQUIRED BY THE COMMISSIONER;
   (4) A COPY OF THE TEMPORARY HEALTH CARE STAFFING AGENCY'S POLICIES AND
 PROCEDURES  REGARDING  RECORD  RETENTION  AND  AVAILABILITY  DESIGNED TO
 ENSURE COMPLIANCE WITH PARAGRAPH D OF SUBDIVISION SIX OF THIS SECTION;
   (5) CERTIFICATION THAT THE TEMPORARY HEALTH CARE STAFFING  AGENCY  HAS
 NOT  HAD  A  REGISTRATION  REVOKED  BY THE COMMISSIONER WITHIN THE THREE
 YEARS IMMEDIATELY PRECEDING THE DATE OF THE APPLICATION; AND
   (6) ANY OTHER INFORMATION OR DOCUMENTATION REQUIRED BY THE COMMISSION-
 ER OF HEALTH.
   C. EACH APPLICANT FOR REGISTRATION OF A TEMPORARY HEALTH CARE STAFFING
 AGENCY SHALL PAY AN APPLICATION FEE IN THE AMOUNT OF TWO  HUNDRED  FIFTY
 DOLLARS. SUCH FEE SHALL BE NONREFUNDABLE.
   D.  NO  TEMPORARY  HEALTH  CARE  STAFFING AGENCY SHALL OPERATE IN THIS
 STATE WITHOUT A LICENSE ISSUED OR RENEWED PURSUANT TO THIS SECTION.
   3. THE COMMISSIONER  SHALL  REVIEW  EACH  APPLICATION  RECEIVED  UNDER
 SUBDIVISION  TWO  OF THIS SECTION FOR REGISTRATION OF A TEMPORARY HEALTH
 CARE STAFFING AGENCY. THE COMMISSIONER SHALL REGISTER A TEMPORARY HEALTH
 CARE STAFFING AGENCY IF THE APPLICANT HAS SUBMITTED A COMPLETE  APPLICA-
 TION,  PAID  THE APPLICATION FEE, AND DEMONSTRATED TO THE COMMISSIONER'S
 SATISFACTION THAT THE REQUIREMENTS FOR REGISTRATION AS SET FORTH IN THIS
 SECTION ARE MET.
   4. A. A REGISTRATION ISSUED UNDER THIS SECTION TO A  TEMPORARY  HEALTH
 CARE  STAFFING  AGENCY  IS VALID FOR ONE YEAR FROM THE DATE OF ITS ISSU-
 ANCE, UNLESS EARLIER REVOKED  OR  SUSPENDED,  OR  UNLESS  THE  TEMPORARY
 HEALTH  CARE  STAFFING  AGENCY  IS  SOLD,  OR OWNERSHIP OR MANAGEMENT IS
 TRANSFERRED, AS DESCRIBED IN PARAGRAPH B OF THIS SUBDIVISION.
   B. WHEN A TEMPORARY HEALTH CARE STAFFING AGENCY IS  SOLD,  LEASED,  OR
 OTHERWISE  TRANSFERRED,  INCLUDING A TRANSFER OF OWNERSHIP OR MANAGEMENT
 SUCH THAT FORTY PERCENT OR MORE OF THE OWNERS OR MANAGEMENT OF THE AGEN-
 CY WAS NOT PREVIOUSLY REGISTERED WITH THE COMMISSIONER, THE NEW OWNER OR
 MANAGEMENT SHALL APPLY FOR A  NEW  REGISTRATION  WITHIN  A  TIME  PERIOD
 S. 5667                             3
 
 ESTABLISHED  BY  THE COMMISSIONER. A NEW OWNER OR MANAGEMENT MAY OPERATE
 UNDER THE PRIOR TEMPORARY HEALTH CARE STAFFING AGENCY REGISTRATION UNTIL
 THE NEW  REGISTRATION  IS  ISSUED  ONLY  IF  THE  COMMISSIONER  RECEIVES
 ACKNOWLEDGEMENT  FROM  THE PRIOR AND NEW OWNERS AND MANAGEMENT THAT EACH
 IS JOINTLY AND SEVERALLY LIABLE FOR COMPLIANCE WITH THIS SECTION AND ANY
 RULE OR REGULATION ADOPTED UNDER IT.
   5. BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,  NO
 TEMPORARY  HEALTH  CARE  STAFFING AGENCY SHALL KNOWINGLY OPERATE AS SUCH
 UNLESS THE AGENCY IS REGISTERED PURSUANT TO THIS SECTION.
   6. EACH TEMPORARY HEALTH CARE STAFFING AGENCY  REGISTERED  UNDER  THIS
 SECTION SHALL DO ALL OF THE FOLLOWING:
   A.  EMPLOY AS AN EMPLOYEE OF THE TEMPORARY HEALTH CARE STAFFING AGENCY
 EACH HEALTH CARE PROFESSIONAL THAT THE AGENCY PROVIDES TO A HEALTH  CARE
 FACILITY;
   B.  VERIFY  AND  MAINTAIN SUPPORTING DOCUMENTATION THAT EACH TEMPORARY
 EMPLOYEE PROVIDED TO A HEALTH CARE FACILITY, AT THE TIME  OF  PLACEMENT,
 MEETS ALL OF THE FOLLOWING:
   (1)  MINIMUM  LICENSING,  TRAINING, AND CONTINUING EDUCATION STANDARDS
 FOR THE POSITION IN WHICH THE EMPLOYEE WILL BE WORKING;
   (2) CRIMINAL RECORDS CHECK REQUIREMENTS OF THE FACILITY; AND
   (3) ANY HEALTH REQUIREMENT OR OTHER FACILITY QUALIFICATION OR REQUIRE-
 MENT;
   C. PROHIBIT ALL TEMPORARY  HEALTH  CARE  STAFFING  AGENCY  STAFF  FROM
 RECRUITING  EMPLOYEES OF THE TEMPORARY HEALTH CARE FACILITY AT WHICH THE
 STAFF IS PLACED AND INSTRUCT ALL STAFF ON THIS PROHIBITION;
   D. MAKE TEMPORARY HEALTH  CARE  STAFFING  AGENCY  RECORDS  IMMEDIATELY
 AVAILABLE TO THE COMMISSIONER OF HEALTH DURING NORMAL BUSINESS HOURS;
   E.  RETAIN TEMPORARY HEALTH CARE STAFFING AGENCY RECORDS FOR A MINIMUM
 OF TEN YEARS OR A LONGER PERIOD IF REQUIRED BY STATE OR FEDERAL LAW;
   F. CARRY PROFESSIONAL  MALPRACTICE  AND  GENERAL  LIABILITY  INSURANCE
 RELATED  TO THE PROVISION OF HEALTH CARE STAFFING SERVICES BY THE TEMPO-
 RARY HEALTH CARE STAFFING  AGENCY  AND  THE  PROVISION  OF  HEALTH  CARE
 SERVICES  BY  THE  AGENCY'S  EMPLOYEES,  IN  AN AMOUNT NOT LESS THAN ONE
 MILLION DOLLARS;
   G. SECURE AND MAINTAIN WORKERS' COMPENSATION  COVERAGE  IN  ACCORDANCE
 WITH THE WORKERS' COMPENSATION LAW;
   H. ASSIGN A TEMPORARY EMPLOYEE TO SETTINGS FOR WHICH SUCH EMPLOYEE HAS
 THE  APPROPRIATE  WORK EXPERIENCE AND BACKGROUND TO PROVIDE THE SERVICES
 REQUIRED BY THE SPECIFIC SETTING; AND
   I. MAINTAIN A WRITTEN AGREEMENT OR  CONTRACT  WITH  EACH  HEALTH  CARE
 FACILITY, WHICH SHALL INCLUDE, AT A MINIMUM:
   (1)  ANY  REQUIREMENT  FOR  MINIMUM  ADVANCE NOTICE IN ORDER TO ASSURE
 PROMPT ARRIVAL OF ASSIGNED HEALTH CARE PERSONNEL;
   (2) PROCEDURES FOR THE  INVESTIGATION  AND  RESOLUTION  OF  COMPLAINTS
 ABOUT  THE  PERFORMANCE OF TEMPORARY HEALTH CARE SERVICES AGENCY PERSON-
 NEL;
   (3) PROCEDURES FOR NOTICE FROM HEALTH CARE FACILITIES  OF  FAILURE  OF
 MEDICAL PERSONNEL TO REPORT TO ASSIGNMENTS AND FOR BACK-UP STAFF IN SUCH
 INSTANCES; AND
   (4) PROCEDURES FOR NOTICE OF ACTUAL OR SUSPECTED ABUSE, THEFT, TAMPER-
 ING OR OTHER DIVERSION OF CONTROLLED SUBSTANCES BY MEDICAL PERSONNEL.
   7.  A  TEMPORARY  HEALTH  CARE STAFFING AGENCY SHALL NOT DO ANY OF THE
 FOLLOWING:
   A. RESTRICT THE EMPLOYMENT OPPORTUNITIES OF ITS  EMPLOYEES,  INCLUDING
 BY REQUIRING ANY OF THE FOLLOWING:
 S. 5667                             4
 
   (1)  THAT  AN  EMPLOYEE PAY MONEY TO TERMINATE EMPLOYMENT OR OTHERWISE
 CEASE TO PROVIDE SERVICES;
   (2) THAT AN EMPLOYEE ENTER INTO A POST-TERMINATION OF SERVICES NONCOM-
 PETE AGREEMENT; OR
   (3) THAT AN EMPLOYEE ACCEPT AN EMPLOYMENT BUYOUT;
   B.  REQUIRE  IN  ANY CONTRACT WITH AN EMPLOYEE OR HEALTH CARE FACILITY
 THE PAYMENT OF LIQUIDATED DAMAGES, EMPLOYMENT  FEES,  OR  OTHER  COMPEN-
 SATION RELATED TO AN EMPLOYEE BEING HIRED AS A PERMANENT EMPLOYEE OF THE
 HEALTH CARE FACILITY;
   C.  RECRUIT,  SOLICIT, OR ENTICE AN EMPLOYEE OF A HEALTH CARE FACILITY
 TO LEAVE THE EMPLOYEE'S EMPLOYMENT UNLESS SUCH EMPLOYMENT OPPORTUNITY IS
 ONE HUNDRED OR MORE MILES AWAY FROM THE  EMPLOYEE'S  CURRENT  EMPLOYMENT
 AND  IS  OFFERED  AT  LEAST  ONE YEAR AFTER THE START OF SUCH EMPLOYEE'S
 CURRENT EMPLOYMENT;
   D. PAY OR MAKE A GIFT TO ANY STAFF OF A HEALTH CARE FACILITY; AND
   E. CONTRACT WITH HEALTH CARE PROFESSIONALS AS INDEPENDENT CONTRACTORS.
   8. THE TOTAL AMOUNT A TEMPORARY HEALTH CARE STAFFING AGENCY CHARGES  A
 HEALTH  CARE  FACILITY FOR ANY EMPLOYEE, INCLUDING FOR ALL WAGES AND ANY
 OTHER FEES OR CHARGES ASSOCIATED WITH THAT EMPLOYEE, WHEN  CONVERTED  TO
 AN  HOURLY  RATE  FOR THE EMPLOYEE BASED ON THE TOTAL HOURS WORKED FOR A
 GIVEN PERIOD, SHALL NOT BE MORE THAN FIFTEEN PERCENT  ABOVE  THE  HOURLY
 RATE THE AGENCY PAYS TO A HEALTH CARE PROFESSIONAL FOR THAT SAME PERIOD.
 THE  HOURLY  RATE  PAID  BY A TEMPORARY HEALTH CARE STAFFING AGENCY TO A
 HEALTH CARE PROFESSIONAL SHALL BE CALCULATED BASED ON THE  GROSS  AMOUNT
 PAID TO A HEALTH CARE PROFESSIONAL BY THE TEMPORARY HEALTH CARE STAFFING
 AGENCY  FOR  SERVICES  PROVIDED IN THE GIVEN PERIOD DIVIDED BY THE TOTAL
 HOURS WORKED FOR THAT PERIOD.
   9. A. EXCEPT AS PROVIDED IN  PARAGRAPH  B  OF  THIS  SUBDIVISION,  THE
 COMMISSIONER  OF  HEALTH,  FOR  REASONS SPECIFIED IN RULES ADOPTED UNDER
 SUBDIVISION ELEVEN OF  THIS  SECTION,  MAY  REVOKE  A  REGISTRATION  FOR
 VIOLATIONS  OF  THIS  SECTION, REFUSE TO ISSUE A REGISTRATION, REFUSE TO
 RENEW OR REINSTATE A REGISTRATION, IMPOSE LIMITATIONS ON A REGISTRATION,
 SUSPEND A REGISTRATION, PLACE A REGISTRATION HOLDER  ON  PROBATION  WITH
 REGARD TO THE REGISTRATION OR OTHERWISE REPRIMAND A REGISTRATION HOLDER.
   B. THE COMMISSIONER SHALL IMPOSE DISCIPLINARY ACTIONS, AS FOLLOWS:
   (1)  IF  A  TEMPORARY  HEALTH  CARE  STAFFING  AGENCY IS FOUND TO HAVE
 VIOLATED ANY PROVISION OF THIS SECTION MORE THAN THREE TIMES IN A REGIS-
 TRATION PERIOD, THE COMMISSIONER SHALL REVOKE THE AGENCY'S REGISTRATION;
 OR
   (2) IF A TEMPORARY HEALTH CARE STAFFING AGENCY FAILS  UPON  A  REQUEST
 MADE  DURING  REGULAR  BUSINESS HOURS TO MAKE THE AGENCY'S RECORDS IMME-
 DIATELY AVAILABLE TO THE COMMISSIONER, THE  COMMISSIONER  SHALL  SUSPEND
 THE AGENCY'S REGISTRATION OR REFUSE TO ISSUE A REGISTRATION.
   10.  A. THE COMMISSIONER SHALL ESTABLISH A SYSTEM FOR THE REPORTING OF
 COMPLAINTS AGAINST A  TEMPORARY  HEALTH  CARE  STAFFING  AGENCY  OR  ITS
 EMPLOYEES. REPORTS MAY BE MADE BY ANY INDIVIDUAL. THE COMMISSIONER SHALL
 INVESTIGATE ALL COMPLAINTS MADE AGAINST A TEMPORARY HEALTH CARE STAFFING
 AGENCY.
   B.  ANY TEMPORARY HEALTH CARE STAFFING AGENCY FOUND TO BE IN VIOLATION
 OF THIS SECTION SHALL BE FINED AS PROVIDED IN  SECTION  TWELVE  OF  THIS
 CHAPTER.
   11.  THE  COMMISSIONER  SHALL  PROMULGATE  ANY  RULE OR REGULATION THE
 COMMISSIONER CONSIDERS NECESSARY TO  IMPLEMENT  THIS  SECTION  INCLUDING
 RULES AND REGULATIONS REGARDING ALL OF THE FOLLOWING:
   A. REGISTRATION APPLICATION FORMS AND PROCEDURES;
 S. 5667                             5
 
   B.  THE TIME PERIOD WITHIN WHICH A NEW OWNER OR MANAGEMENT SHALL APPLY
 FOR A REGISTRATION WHEN A TEMPORARY HEALTH CARE STAFFING AGENCY IS SOLD,
 LEASED, OR OTHERWISE TRANSFERRED;
   C. REGISTRATION RENEWAL FORMS AND PROCEDURES; AND
   D.  REASONS FOR WHICH THE COMMISSIONER MAY IMPOSE DISCIPLINARY ACTIONS
 UNDER SUBDIVISION NINE OF THIS SECTION.
   12. ALL REGISTRATION FEES AND FINES COLLECTED PURSUANT TO THIS SECTION
 SHALL BE DEPOSITED IN THE GENERAL FUND AND  SHALL  BE  USED  SOLELY  FOR
 PURPOSES  OF  ADMINISTERING  AND  ENFORCING  THIS  SECTION AND THE RULES
 ADOPTED UNDER IT.
   13. AN EMPLOYEE OF A TEMPORARY HEALTH  CARE  STAFFING  AGENCY  OR  ANY
 HEALTH  CARE  FACILITY  MAY ASSERT A CAUSE OF ACTION AGAINST A TEMPORARY
 HEALTH CARE STAFFING AGENCY FOR A VIOLATION OF THIS SECTION IN THE COUN-
 TY COURT WHERE SUCH  VIOLATION  HAS  OCCURRED.  IF  THE  COURT  FINDS  A
 VIOLATION,  IT  SHALL  AWARD  THE  PLAINTIFF  ACTUAL DAMAGES, COSTS, AND
 REASONABLE ATTORNEY'S FEES.
   14. IF A DECLARED STATE OF EMERGENCY IS IN EFFECT THE TOTAL  AMOUNT  A
 TEMPORARY HEALTH CARE STAFFING AGENCY CHARGES A HEALTH CARE FACILITY FOR
 ANY  EMPLOYEE,  INCLUDING  FOR  ALL  WAGES AND ANY OTHER FEES OR CHARGES
 ASSOCIATED WITH THAT EMPLOYEE, WHEN CONVERTED TO AN HOURLY RATE FOR  THE
 EMPLOYEE  BASED  ON THE TOTAL HOURS WORKED FOR A GIVEN PERIOD, SHALL NOT
 BE MORE THAN THIRTY PERCENT ABOVE THE HOURLY RATE THE HEALTH CARE FACIL-
 ITY PAYS TO A HEALTH CARE PROFESSIONAL OF THE  SAME  QUALIFICATIONS  FOR
 THAT SAME PERIOD.
   §  2.   Severability. If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S5667

Sponsored By

Current Bill Status - In Senate Committee Health Committee

2023-S5667 (ACTIVE) - Details

2023-S5667 (ACTIVE) - Summary

2023-S5667 (ACTIVE) - Sponsor Memo

2023-S5667 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5667

Share this bill

Sponsored By

John W. Mannion

Current Bill Status - In Senate Committee Health Committee

2023-S5667 (ACTIVE) - Details

2023-S5667 (ACTIVE) - Summary

2023-S5667 (ACTIVE) - Sponsor Memo

2023-S5667 (ACTIVE) - Bill Text download pdf

Comments