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This entry was published on 2023-08-04
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Registration of temporary health care services agencies; requirements
Public Health (PBH) CHAPTER 45, ARTICLE 29-K
§ 2999-jj. Registration of temporary health care services agencies;
requirements. 1. Any person who operates a temporary health care
services agency shall register the agency with the department.

2. The commissioner shall publish guidelines establishing the forms
and procedures for applications for registration. Forms must include, at
a minimum all of the following:

(a) The names and addresses of the temporary health care services
agency controlling person or persons.

(b) The names and addresses of health care entities where the
controlling person or persons or their family members:

(i) have an ownership relationship; or

(ii) direct the management or policies of such health care entities.

(c) A demonstration that the applicant is of good moral character and
able to comply with all applicable state laws and regulations relating
to the activities in which it intends to engage under the registration.

(d) Registration and registration annual renewal fees of one thousand
dollars and shall only be used for the purpose of operating this

(e) The state of incorporation of the agency.

(f) Any additional information that the commissioner determines is
necessary to properly evaluate an application for registration.

3. As a condition of registration, a temporary health care services

(a) Shall document that each health care personnel provided to or
contracted with health care entities currently meets the minimum
licensing, training, and continuing education standards for the position
in which the health care personnel will be working.

(b) Shall comply with all pertinent requirements and qualifications
for personnel employed in health care entities.

(c) Shall not restrict in any manner the employment opportunities of
its health care personnel.

(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.

(e) Shall retain all records related to health care personnel for six
calendar years and make them available to the department upon request.

(f) Shall comply with any requests made by the department to examine
the books and records of the agency, subpoena witnesses and documents
and make such other investigation as is necessary in the event that the
department has reason to believe that the books or records do not
accurately reflect the financial condition or financial transactions of
the agency.

(g) Shall comply with any additional requirements the department may
deem necessary.

4. A registration issued by the commissioner according to this section
shall be effective for a period of one year, unless the registration is
revoked or suspended, or unless ownership interest of ten percent or
more, or management of the temporary health care services agency, is
sold or transferred. When ownership interest of ten percent or more, or
management of a temporary health care services agency is sold or
transferred, the registration of the agency may be transferred to the
new owner or operator for thirty days, or until the new owner or
operator applies and is granted or denied a new registration, whichever
is sooner.

5. The commissioner may, after appropriate notice and hearing,
suspend, revoke, or refuse to issue or renew any registration or issue
any fines established pursuant to section twenty-nine hundred
ninety-nine-ll of this article if the applicant fails to comply with
this article or any guidelines, rules and regulations promulgated

6. The commissioner shall make available a list of temporary health
care services agencies registered with the department on the
department's public website.

7. The department shall publish a quarterly report containing
aggregated and de-identified data collected pursuant to this article on
the department's website.

8. The department, in consultation with the department of labor, shall
provide a report to the governor and legislature on or before January
first, two thousand twenty-four, summarizing the key findings of the
data collected pursuant to this article. The department shall further
have authority to utilize any data collected pursuant to this article
for additional purposes consistent with this chapter, including but not
limited to determinations of whether an acute labor shortage exists, or
any other purpose the department deems necessary for health care related
data purposes.

9. The attorney general may, upon the request of the department, bring
an action for an injunction against any person who violates any
provision of this article; provided, the department shall furnish the
attorney general with such material, evidentiary matter or proof as may
be requested by the attorney general for the prosecution of such action.