N.Y. Public Health Law § 2999-mm: Rates for temporary health care services; reports

* § 2999-mm. Rates for temporary health care services; reports. A

temporary health care services agency shall report quarterly to the

department a full disclosure of charges and compensation, including a

schedule of all hourly bill rates per category of health care personnel,

a full description of administrative charges, and a schedule of rates of

all compensation per category of health care personnel including, but

not limited to:

1. hourly regular pay rate, shift differential, weekend differential,

hazard pay, charge nurse add-on, overtime, holiday pay, travel or

mileage pay, and any health or other fringe benefits provided;

2. the percentage of health care entity dollars that the agency

expended on temporary personnel wages and benefits compared to the

temporary health care services agency's profits and other administrative

costs;

3. a list of the states and zip codes of their health care personnels'

primary residences;

4. the names of all health care entities they have contracted within

New York state;

5. the number of health care personnel of the temporary health care

services agency working at each entity; and

6. any other information prescribed by the commissioner.

* NB Effective until May 28, 2027

* § 2999-mm. Rates for temporary health care services; reports. 1. A

temporary health care services agency shall report quarterly to the

department a full disclosure of charges and compensation, including a

schedule of all hourly bill rates per category of individuals engaged to

provide health care services, a full description of administrative

charges, and a schedule of rates of all compensation per category of

individuals engaged to provide health care services including, but not

limited to:

(a) hourly regular pay rate, shift differential, weekend differential,

hazard pay, charge nurse add-on, overtime, holiday pay, travel or

mileage pay, and any health or other fringe benefits provided;

(b) the percentage of health care entity dollars that the agency

expended on compensation, including, as applicable, benefits, to

individuals engaged to provide health care services compared to the

temporary health care services agency's profits and other administrative

costs;

(c) a list of the states and zip codes of the primary residences of

individuals engaged to provide health care services;

(d) the names of all health care entities they or a third party with

whom the agency is subcontracting have contracted within New York state;

(e) the number of individuals engaged to provide health care services

by the temporary health care services agency working at each entity; and

(f) any other information prescribed by the commissioner.

2. The commissioner is hereby authorized to promulgate regulations to

establish, monitor, and enforce a limitation on the amount that

temporary health care services agencies or certain types or classes of

such agencies may retain as profit from providing, procuring, or

enabling health care entities to engage an individual to provide health

care services, which for the purposes of this section shall be referred

to as the "agency rate." In setting one or more agency rates, which can

be expressed as a percentage or in another manner as determined by the

department, the department shall take into consideration factors

including but not limited to the ability to maintain sufficient staffing

of the health care workforce, whether on a contract or permanent basis

and across the range of needed professional titles and roles, in all

geographic areas across the state. The department shall also engage in a

periodic reassessment of any agency rates to ensure that they reflect

current conditions and remain effective.

3. The commissioner shall publish guidelines establishing the forms

and procedures for verification of compliance with an agency rate. In

addition, a temporary health care services agency shall retain for six

years and make available to the department upon request copies of all

contracts, invoices, records, payroll information, and other documents

necessary to determine compliance with the agency rate. The department

is authorized to conduct audits of temporary health care services

agencies as well as targeted investigations based on complaints or

atypical reporting patterns.

4. Nothing in this article shall displace any generally applicable law

relevant to temporary health care services agencies, including but not

limited to sections three hundred forty-nine and three hundred

ninety-six-r of the general business law.

* NB Effective May 28, 2027