N.Y. Public Health Law § 2999-ii: Definitions

§ 2999-ii. Definitions. For the purposes of this article:

1. "Certified nurse aide" means a person included in the nursing home

nurse aide registry pursuant to section twenty-eight hundred three-j of

this chapter as added by chapter seven hundred seventeen of the laws of

nineteen hundred eighty-nine.

* 2. "Controlling person" means a person, officer, program

administrator, or director whose responsibilities include the direction

of the management or policies of a temporary health care services

agency. "Controlling person" also means an individual who, directly

owns at least ten percent voting interest in a corporation, partnership,

or other business entity that is a controlling person.

* NB Effective until May 28, 2027

* 2. "Controlling person" means a person, officer, program

administrator, or director whose responsibilities include the direction

of the management or policies of a temporary health care services

agency. "Controlling person" also means a person who directly owns at

least ten percent voting interest in a corporation, partnership, or

other business entity that is a controlling person.

* NB Effective May 28, 2027

3. "Health care entity" means an agency, corporation, facility, or

individual providing medical or health care services.

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.

5. "Nurse" means a registered professional nurse, or a licensed

practical nurse as defined by article one hundred thirty-nine 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.

7. "Person" means an individual, firm, corporation, partnership, or

association.

* 8. "Temporary health care services agency" or "agency" means a

person, firm, corporation, partnership, association or other entity in

the business of providing or procuring temporary employment 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, procure 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.

* NB Effective until May 28, 2027

* 8. "Temporary health care services agency" or "agency" means a

person, firm, corporation, partnership, association or other entity in

the business of providing or procuring temporary employment or engaging

individuals to provide health care services for health care entities, or

of enabling health care entities, directly or indirectly, 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, procure or enable health

care entities to engage individuals to perform health care services,

including vendor management systems and subcontracting arrangements with

other agencies that result in the engagement of individuals. 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.

* NB Effective May 28, 2027