Legislation
SECTION 2999-KK
Temporary health care services agencies; minimum standards
Public Health (PBH) CHAPTER 45, ARTICLE 29-K
§ 2999-kk. Temporary health care services agencies; minimum standards.
1. A temporary health care services agency shall appoint an
administrator qualified by training, experience or education to operate
the agency. Each separate agency location shall have its own
administrator.
* 2. A temporary health care services agency shall maintain a written
agreement or contract with each health care entity, which shall include,
at a minimum:
(a) The required minimum licensing, training, and continuing education
requirements for each individual engaged in a health care position.
(b) Any requirement for minimum advance notice in order to ensure
prompt arrival of individuals engaged to provide health care services.
(c) The maximum rates that can be billed or charged by the temporary
health care services agency pursuant to section twenty-nine hundred
ninety-nine-mm of this article and any applicable regulations.
(d) The rates to be charged by the temporary health care services
agency.
(e) Procedures for the investigation and resolution of complaints
about the performance of temporary health care services agency
personnel.
(f) Procedures for notice from health care entities of failure of
individuals engaged to provide health care services to report to an
agreed upon scheduled shift.
(g) Procedures for notice of actual or suspected abuse, theft,
tampering or other diversion of controlled substances by medical
personnel.
(h) The types and qualifications of individuals engaged to provide
health care services available through the temporary health care
services agency.
* NB Effective until May 28, 2027
* 2. A temporary health care services agency shall maintain, and
require subcontracting arrangements with other agencies to maintain, a
written agreement or contract with each health care entity, which shall
include, at a minimum:
(a) The required minimum licensing, training, and continuing education
requirements for each individual engaged in a health care position.
(b) Any requirement for minimum advance notice in order to ensure
prompt arrival of individuals engaged to provide health care services.
(c) The maximum rates that can be billed or charged by the temporary
health care services agency pursuant to section twenty-nine hundred
ninety-nine-mm of this article and any applicable regulations.
(d) The rates to be charged by the temporary health care services
agency.
(e) Procedures for the investigation and resolution of complaints
about the performance of individuals engaged to provide health care
services.
(f) Procedures for notice from health care entities of failure of
individuals engaged to provide health care services to report to an
agreed upon scheduled shift.
(g) Procedures for notice of actual or suspected abuse, theft,
tampering or other diversion of controlled substances by individuals
engaged to provide health care services.
(h) The types and qualifications of individuals engaged to provide
health care services available through the temporary health care
services agency.
* NB Effective May 28, 2027
* 3. A temporary health care services agency shall submit to the
department copies of all contracts between the agency and a health care
entity to which it assigns or otherwise connects individuals engaged to
provide health care 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.
* NB Effective until May 28, 2027
* 3. A temporary health care services agency shall retain for six
years and make available to the department upon request copies of all
contracts between the agency or a third party with whom the agency is
subcontracting and a health care entity to which it assigns or otherwise
connects individuals engaged to provide health care services, and copies
of all invoices to health care entities. Executed contracts submitted
upon request to the department are not subject to disclosure under
article six of the public officers law.
* NB Effective May 28, 2027
4. The commissioner may promulgate regulations to implement the
requirements of this section and to establish additional minimum
standards for the operation of temporary health care services agencies,
including but not limited to pricing, fees, administrative costs,
profits, and business practices.
5. The commissioner may waive the requirements of this article during
a declared state or federal public health emergency.
1. A temporary health care services agency shall appoint an
administrator qualified by training, experience or education to operate
the agency. Each separate agency location shall have its own
administrator.
* 2. A temporary health care services agency shall maintain a written
agreement or contract with each health care entity, which shall include,
at a minimum:
(a) The required minimum licensing, training, and continuing education
requirements for each individual engaged in a health care position.
(b) Any requirement for minimum advance notice in order to ensure
prompt arrival of individuals engaged to provide health care services.
(c) The maximum rates that can be billed or charged by the temporary
health care services agency pursuant to section twenty-nine hundred
ninety-nine-mm of this article and any applicable regulations.
(d) The rates to be charged by the temporary health care services
agency.
(e) Procedures for the investigation and resolution of complaints
about the performance of temporary health care services agency
personnel.
(f) Procedures for notice from health care entities of failure of
individuals engaged to provide health care services to report to an
agreed upon scheduled shift.
(g) Procedures for notice of actual or suspected abuse, theft,
tampering or other diversion of controlled substances by medical
personnel.
(h) The types and qualifications of individuals engaged to provide
health care services available through the temporary health care
services agency.
* NB Effective until May 28, 2027
* 2. A temporary health care services agency shall maintain, and
require subcontracting arrangements with other agencies to maintain, a
written agreement or contract with each health care entity, which shall
include, at a minimum:
(a) The required minimum licensing, training, and continuing education
requirements for each individual engaged in a health care position.
(b) Any requirement for minimum advance notice in order to ensure
prompt arrival of individuals engaged to provide health care services.
(c) The maximum rates that can be billed or charged by the temporary
health care services agency pursuant to section twenty-nine hundred
ninety-nine-mm of this article and any applicable regulations.
(d) The rates to be charged by the temporary health care services
agency.
(e) Procedures for the investigation and resolution of complaints
about the performance of individuals engaged to provide health care
services.
(f) Procedures for notice from health care entities of failure of
individuals engaged to provide health care services to report to an
agreed upon scheduled shift.
(g) Procedures for notice of actual or suspected abuse, theft,
tampering or other diversion of controlled substances by individuals
engaged to provide health care services.
(h) The types and qualifications of individuals engaged to provide
health care services available through the temporary health care
services agency.
* NB Effective May 28, 2027
* 3. A temporary health care services agency shall submit to the
department copies of all contracts between the agency and a health care
entity to which it assigns or otherwise connects individuals engaged to
provide health care 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.
* NB Effective until May 28, 2027
* 3. A temporary health care services agency shall retain for six
years and make available to the department upon request copies of all
contracts between the agency or a third party with whom the agency is
subcontracting and a health care entity to which it assigns or otherwise
connects individuals engaged to provide health care services, and copies
of all invoices to health care entities. Executed contracts submitted
upon request to the department are not subject to disclosure under
article six of the public officers law.
* NB Effective May 28, 2027
4. The commissioner may promulgate regulations to implement the
requirements of this section and to establish additional minimum
standards for the operation of temporary health care services agencies,
including but not limited to pricing, fees, administrative costs,
profits, and business practices.
5. The commissioner may waive the requirements of this article during
a declared state or federal public health emergency.