S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8700
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 30, 2025
                                ___________
 
 Introduced by M. of A. STIRPE -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to temporary services
   provided by "health care personnel"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 4 and 6  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, are amended to read as follows:
   4.  "Health  care  personnel"  means nurses, certified nurse aides and
 licensed or unlicensed direct  care  staff  provided  by  the  temporary
 health  care  services  agency to provide temporary services in a health
 care entity. FOR SUCH HEALTH CARE PERSONNEL, "TEMPORARY SERVICES"  SHALL
 MEAN  HEALTH  CARE  SERVICES CONTRACTED FOR AN INITIAL TERM OF LESS THAN
 TWENTY-FOUR CONTINUOUS MONTHS.  HEALTH CARE PERSONNEL SHALL NOT  INCLUDE
 PHYSICIANS  PURSUANT  TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION
 LAW.
   6. "Direct care worker" means an individual  who  is  responsible  for
 patient/resident handling or patient/resident assessment as a regular or
 incidental  part of their services, including any licensed or unlicensed
 health care worker.   DIRECT CARE WORKER SHALL  NOT  INCLUDE  PHYSICIANS
 PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW.
   §  2.  Paragraph (d) 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:
   (d) Shall not require the payment of  liquidated  damages,  employment
 fees, or other compensation should the health care personnel be hired as
 a  permanent  employee  of a health care entity in any contract with any
 health care personnel or health care entity or otherwise, EXCEPT THAT  A
 HEALTH  CARE  ENTITY MAY AGREE CONTRACTUALLY TO REIMBURSE THE AGENCY FOR
 ITS REASONABLE COSTS IN PLACING THE EMPLOYEE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05348-03-5
              

 A. 8700                             2
 
   § 3. Subdivision 3 of section 2999-kk of the  public  health  law,  as
 added  by  section 1 of part X of chapter 57 of laws of 2023, is amended
 to read as follows:
   3.  A  temporary  health care services agency shall ANNUALLY submit to
 the department copies of all contracts between the agency and  a  health
 care  entity  to  which  it assigns or refers health care personnel, 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. The opening paragraph of section 2999-mm  of  the  public  health
 law,  as  added by section 1 of part X of chapter 57 of laws of 2023, is
 amended to read as follows:
   A temporary health care services agency shall report [quarterly] ANNU-
 ALLY to the department a full disclosure of  charges  and  compensation,
 including  a  schedule  of  all hourly bill rates per category of health
 care personnel, a full description  of  administrative  charges,  and  a
 schedule  of  rates  of  all  compensation  per  category of health care
 personnel including, but not limited to:
   § 5. This act shall take effect immediately.