NY State Senate Bill 2023-S9314

Senate Bill S9314

2023-2024 Legislative Session

Includes digital health care service platforms in the definition of temporary health care services agency

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 10, 2024	referred to health

2023-S9314 (ACTIVE) - Details

See Assembly Version of this Bill:: A9867
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2999-ii, Pub Health L

2023-S9314 (ACTIVE) - Summary

Includes digital health care service platforms in the definition of temporary health care services agency; includes the connection of health care personnel to services at a health care entity in the term assign.

2023-S9314 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9314

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to including digital
health care service platforms in the definition of temporary health care
services agency

 
PURPOSE:

To make clarifying changes to the requirements for temporary staffing
agencies as it relates to digital healthcare service platforms require-
ments to register with the Department of Health.

 
SUMMARY OF PROVISIONS:

Section one amends section 2999-ii of the Public Health law to clarify
that digital healthcare service platforms, which facilitate employment
arrangements between healthcare workers seeking employment opportunities
and healthcare providers seeking to employ workers, were intended to be
covered under the current law when it was enacted and more clearly

defining the relationship that these digital platforms have with the
parties that use their platform.

 
JUSTIFICATION:

Healthcare technology platforms are digital health technologies that use
computing platforms, connectivity, software, and sensors for healthcare
staffing needs.

These healthcare technology platforms typically operate as independent
contractors and do not employ healthcare workers directly, but rather as
a broker or clearing house that connects workers with employers on their
platforms, which can be structured as per diem shifts at healthcare
facilities.

These entities are captured under the current law, but the statute as
drafted has created confusion for some of these digital platforms as
their model does not match a more traditional employer-employee
relationship that exists at other temporary staffing agencies. This
legislation clarifies the existing law to reflect that healthcare tech-
nology platforms do not provide temporary employment services directly,
but instead facilitate these types of arrangements. This legislation
will clarify that they are intended to be covered under the law and more
accurately defines the relationship these entities have with healthcare
workers and employers.

 
FISCAL IMPACT ON THE STATE:

None.

 
LEGISLATIVE HISTORY:

New Bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9314 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9314
 
                             I N  S E N A T E
 
                               May 10, 2024
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 including  digital
   health  care  service  platforms in the definition of temporary health
   care services agency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 8 of section 2999-ii of the public health law,
 as added by part X of section 1 of chapter 57 of the laws  of  2023,  is
 amended and a new subdivision 9 is added to read as follows:
   8. "Temporary health care services agency" or "agency" means a person,
 firm, corporation, partnership, association or other entity in the busi-
 ness of providing or procuring [temporary employment] SERVICES of health
 care  personnel  for  health care entities, OR OF CONNECTING HEALTH CARE
 PERSONNEL TO HEALTH CARE ENTITIES, INCLUDING VIA A PLATFORM OR  APPLICA-
 TION  ON  THE  INTERNET.  Temporary  health  care  services agency shall
 include a nurses' registry licensed under article eleven of the  general
 business  law  and  entities that utilize apps or other technology-based
 solutions to provide or procure  temporary  employment  of  health  care
 personnel in health care entities. Temporary health care services agency
 shall  not  include: (a) an individual who only engages in providing the
 individual's own services on a temporary basis to health care  entities;
 or  (b)  a  home  care  agency licensed under article thirty-six of this
 chapter.
   9. "ASSIGN" INCLUDES  THE  CONNECTION  OF  HEALTH  CARE  PERSONNEL  TO
 SERVICES AT A HEALTH CARE ENTITY.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15144-01-4

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