Chapter 102 |
2023 -- S 0927 SUBSTITUTE A AS AMENDED Enacted 06/19/2023 |
A N A C T |
RELATING TO HEALTH AND SAFETY -- LICENSING OF NURSING SERVICE AGENCIES |
Introduced By: Senators McKenney, and Ruggerio |
Date Introduced: April 06, 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. |
======== |
LC002689/SUB A |
======== |