N.Y. Public Health Law § 2999-kk: Temporary health care services agencies; minimum standards

§ 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.