S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4179--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2025
                                ___________
 
 Introduced  by  M. of A. STIRPE, GONZALEZ-ROJAS, GLICK, K. BROWN -- read
   once and referred to the Committee on Health -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 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 section 1 of part X of chapter 57 of the laws  of  2023,  is
 amended 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 [of health care
 personnel] OR ENGAGING INDIVIDUALS TO PROVIDE HEALTH CARE  SERVICES  for
 health  care  entities,  OR  OF  ENABLING HEALTH CARE ENTITIES TO ENGAGE
 INDIVIDUALS TO PERFORM  HEALTH  CARE  SERVICES.  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]  OR  ENABLE
 HEALTH  CARE  ENTITIES  TO  ENGAGE  INDIVIDUALS  TO  PERFORM HEALTH CARE
 SERVICES. 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.
   §  2.  Paragraph (a) of subdivision 3 of section 2999-jj of the public
 health law, as added by section 1 of part X of chapter 57 of the laws of
 2023, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05369-04-5
 A. 4179--A                          2
              

 
   (a) Shall document that each INDIVIDUAL ENGAGED TO PROVIDE health care
 [personnel provided to or contracted with] SERVICES TO health care enti-
 ties currently meets the minimum  licensing,  training,  and  continuing
 education  standards for the position in which the health care personnel
 will be working.
   § 3. Paragraphs (a), (b), (f) and (h) of subdivision 2 and subdivision
 3  of section 2999-kk of the public health law, as added by section 1 of
 part X of chapter 57 of the  laws  of  2023,  are  amended  to  read  as
 follows:
   (a) The required minimum licensing, training, and continuing education
 requirements  for  each  [assigned]  INDIVIDUAL ENGAGED IN A health care
 [personnel] POSITION.
   (b) Any requirement for minimum advance  notice  in  order  to  ensure
 prompt  arrival of [assigned] INDIVIDUALS ENGAGED TO PROVIDE health care
 [personnel] SERVICES.
   (f) Procedures for notice from health  care  entities  of  failure  of
 [medical  personnel] INDIVIDUALS ENGAGED TO PROVIDE HEALTH CARE SERVICES
 to report to [assignments] AN AGREED UPON SCHEDULED SHIFT.
   (h) The types and qualifications of [health care  personnel]  INDIVID-
 UALS  ENGAGED TO PROVIDE HEALTH CARE SERVICES available [for assignment]
 through the temporary health care services agency.
   3. A temporary health care services agency shall submit to the depart-
 ment copies of all contracts between the agency and a health care entity
 to which it assigns or [refers] OTHERWISE CONNECTS  INDIVIDUALS  ENGAGED
 TO  PROVIDE health care [personnel] SERVICES, and copies of all invoices
 to health care entities personnel. Executed contracts must  be  sent  to
 the department within five business days of their effective date and are
 not subject to disclosure under article six of the public officers law.
   § 4. This act shall take effect immediately.