| Chapter 101 |
Enacted 06/19/2023 |
| Chapter 101 |
| 2023 -- H 5870 SUBSTITUTE A Enacted 06/19/2023 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY -- LICENSING OF NURSING SERVICE AGENCIES |
Introduced By: Representatives Bennett, and Hull |
| Date Introduced: March 01, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 23-17.7.1-3, 23-17.7.1-10 and 23-17.7.1-11 of the General Laws in |
| Chapter 23-17.7.1 entitled "Licensing of Nursing Service Agencies" are hereby amended to read |
| as follows: |
| 23-17.7.1-3. Licensing of nursing service agencies — Rules governing establishment |
| of fees. |
| (a) The director may establish reasonable fees for the licensure application, licensure |
| renewal, and administrative actions under this chapter. Annual licensure fees shall be five hundred |
| dollars ($500) per licensee. |
| (b) Not later than October 1, 2023, the department of health (DOH) shall develop a system |
| that allows a temporary nursing services service agency that provides services in the state to register |
| annually with the department of health. |
| (c) The DOH may assess an annual licensure fee of one thousand dollars ($1,000) per |
| licensee not later than January 1, 2024, no temporary nursing services service agency shall provide |
| temporary nursing services in the state unless it is registered pursuant to subsection (b) of this |
| section. |
| (b)(d) The department of health shall promulgate licensure standards, and rules and |
| regulations governing the operation of nursing service agencies to protect the health and welfare of |
| patients. These regulations shall include, but not be limited to,: employee bonding, maintenance |
| of service records, and appropriate staff professional registration and certification, licensure |
| training, supervision, health screening, and liability insurance. |
| 23-17.7.1-10. Regulations, inspections, and investigations. |
| (a) The licensing agency shall, after a public hearing pursuant to chapter 35 of title 42, give |
| notice, adopt, amend, promulgate, and enforce any rules and regulations and standards with respect |
| to nursing service agencies to be licensed under this chapter that may be designed to further the |
| accomplishment of the purposes of this chapter in promoting safe and adequate care of individuals |
| receiving nursing and nursing assistant services, in the interest of public health, safety, and welfare. |
| All licensed nursing service agencies shall be required to protect clients by insuring ensuring that |
| all persons whom it employs receive training and/or competency evaluation pursuant to the |
| provisions of §§ 23-17.9-3 and 23-17.7-11. The licensing agency shall make or cause to be made |
| any inspections and investigations that it deems necessary including service records. |
| (b) A nursing service agency's maximum rate for services provided to a nursing facility |
| and or and/or assisted living residence, by a nurse or certified nurse assistant shall not exceed two |
| hundred percent (200%) of the regional hourly wage of each position. The licensing agency shall |
| use and publish the most current median hourly wage data reported by the United States Department |
| of Labor Bureau of Labor Statistics (BLS) Wage Estimates for the state. These positions shall |
| include registered nurses, licensed practical nurses, certified nurse assistants, and medication aides. |
| The maximum rate shall include all charges for administrative fees, contract fees, or other special |
| charges in addition to the hourly rates for the temporary nursing pool personnel supplied to a client. |
| (c) Records of required health inspections and investigations shall be kept confidential as |
| well as all required medical records including COVID-19 testing results, and all other required |
| vaccinations required by the department. |
| (d) The personnel file and folder for each employee shall be kept confidential, including |
| documented evidence of credentials and other appropriate data, including documentation of |
| orientation, and quarterly in-service education, records of completion of required training and |
| educational programs, medical records, and criminal background checks. |
| (e) The staffing agency shall maintain insurance coverage for workers' compensation for |
| all nurses, med technicians, certified nursing assistants, therapists, and therapist aides provided or |
| procured by the agency. |
| (f) Records of violations of public health code by all agency staff shall be tracked and made |
| a public record. |
| (g) The long-term care coordinating council (LTCC) shall develop standards for nurse staff |
| agencies and a ranking formula to track all agencies for public accountability. |
| (h) If an employee of a staffing agency is directly connected to a quality of care or a |
| substandard quality of care deficiency in a facility, a subsequential investigation by the licensing |
| agency shall be conducted at the nursing service agency in which that individual is employed. |
| 23-17.7.1-11. Training and/or competency evaluation program for nursing assistants. |
| (a) Every individual who is employed to provide nursing assistant services shall be required |
| to be registered as required by chapter 17.9 of this title. |
| (b) An in-service educational program for direct patient care personnel shall be provided |
| on an ongoing basis which shall include orientation for new personnel and periodic programs |
| consisting of three (3) hours per quarter at a minimum for the continued improvement and |
| development of skills of direct care personnel, including competency training and department |
| required training based on licensure. |
| SECTION 2. Chapter 23-17.7.1 of the General Laws entitled "Licensing of Nursing |
| Service Agencies" is hereby amended by adding thereto the following sections: |
| 23-17.7.1-22. Employment prohibitions. |
| (a) No nursing service agency shall recruit potential employees from a client to which it |
| actively provides services in any contract. |
| (b) The nursing service agency shall not, in any contract with any employee of a client, |
| require the payment of liquidated damages, employment fees, or other compensation should the |
| employee be hired as a permanent employee of a client facility. |
| 23-17.7.1-23. Annual reporting requirements. |
| (a) The agency shall submit an annual statistical report to the department of health |
| including, but not limited to: |
| (1) Mean, median, and average salaries and hourly pay rates of employees, by employment |
| type; |
| (2) Number of employees; |
| (3) Number of employees terminated; |
| (4) Number of employees reported to the office of the attorney general; and |
| (5) Number of employees reported to the department for abuse, neglect, misappropriation, |
| and job abandonment. |
| (b) For every person placed for employment, or temporary performance of services by an |
| employment agency with a healthcare provider employer, the employment agency shall annually |
| report: |
| (1) The amount charged for each person; |
| (2) The amount paid to each person; |
| (3) The amount of payment received that is retained by the employment agency; |
| (4) Any other information that the department, in conjunction with the department of |
| human services, determines relevant to determine how much health care healthcare provider |
| employers who participate in Medicare and Medicaid are charged by employment agency services. |
| (c) Reports under this section shall be submitted by the employment agencies no later than |
| thirty (30) days after the end of the calendar year. |
| SECTION 3. This act shall take effect upon passage. |
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| LC002141/SUB A/2 |
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