Relating to health care employment agencies, and providing penalties

The bill requires an agency operating in the state to register annually with the department of inspections and appeals (DIA). Each separate location of an agency is required to register annually with and pay an annual registration fee of $500 to DIA, and DIA shall issue each location a separate certification of registration upon approval of registration and payment of the fee. An agency is required to ensure that agency workers comply with all applicable requirements relating to the health requirements and qualifications of personnel in health care entity settings; document that each agency worker meets the minimum licensing, certification, training, and health requirements and the continuing education standards for the agency worker’s position in the health care entity setting; maintain records for each agency worker and report, file, or otherwise provide any required documentation to external parties or regulators which would otherwise be required of the health care entity if the agency worker was employed by the health care entity; and maintain professional and general liability insurance coverage in minimum per occurrence and aggregate amounts to insure against loss, damage, or expense incident to a claim arising out of the death or injury of any person as the result of negligence or malpractice in the provision of services by the agency or an agency worker. An agency shall not restrict in any manner the employment opportunities of any agency worker by requiring agreement to a non-compete clause in any contract with an agency worker or health care entity; or require payment of liquidated damages, employment fees, or other compensation if the agency worker is hired as a permanent employee of the health care entity in any contract with an agency worker or health care entity. Any contract that violates these provisions is unenforceable in court. An agency shall submit a report to DIA on a quarterly basis for each health care entity participating in Medicare or Medicaid with whom the agency contracts that includes, by health care entity type, a detailed list of the average amount charged to the health care entity for each individual agency worker category and a detailed list of the average amount paid by the agency to agency workers in each individual agency worker category. An agency that fails to register in accordance with the bill or does not comply with the requirements relating to agency worker health and qualification requirements and standards, maintenance of records and the provision of documents, or maintenance of liability insurance is subject to denial or revocation of registration for a period of one year and a monetary penalty of $500 for a first offense and $5,000 for each offense thereafter. An agency that violates prohibited contract provisions or knowingly provides an agency worker who has an illegally or fraudulently obtained or issued diploma, registration, license, certification, or background check to a health care entity is subject to immediate revocation of registration. Additionally, the managing entity of an agency for which registration has been denied or revoked under the bill shall not be eligible to apply for or to be granted registration for another agency during the two-year period following the date of the denial or revocation; DIA shall not approve a new registration or renew the existing registration for any agency for which the managing entity is also the managing entity of an agency for which registration has been denied or revoked during the two-year period during which registration of the violating agency is denied or revoked. DIA shall establish a system for members of the public to report complaints against an agency or agency worker. DIA shall investigate all complaints received and shall report DIA findings to the complaining party and the agency involved.