N.Y. Public Health Law § 2999-jj: Registration of temporary health care services agencies; requirements

§ 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

registry.

(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

agency:

(a) Shall document that each individual engaged to provide health care

services to 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.

* NB Effective until May 28, 2027

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

agency:

(a) Shall document that each individual engaged to provide health care

services to health care entities currently meets the minimum licensing,

training, and continuing education standards for the position in which

the individual 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

individuals it connects with health care entities to provide health care

services.

(d) Shall not require the payment of liquidated damages, employment

fees, or other compensation should the individuals it connects with

health care entities to provide health care services be hired as a

permanent employee, contractor, or contingent worker of a health care

entity in any contract with any individual engaged to provide health

care services or health care entity or otherwise.

(e) Shall not require the payment of fees or other compensation from

the individual engaged to provide health care services for placement or

connection with a health care entity.

(f) Shall retain all records related to individuals engaged to provide

health care services for six years and make them available to the

department upon request.

(g) 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.

(h) Shall comply with any additional requirements the department may

deem necessary.

* NB Effective May 28, 2027

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

thereunder.

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.