2026 -- H 7030 SUBSTITUTE A | |
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LC003152/SUB A | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- HEALTHCARE WORKER PLATFORM ACT | |
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Introduced By: Representatives Shanley, Craven, Caldwell, Bennett, Casimiro, Corvese, | |
Date Introduced: January 09, 2026 | |
Referred To: House Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 106 |
4 | HEALTHCARE WORKER PLATFORM ACT |
5 | 23-106-1. Title. |
6 | This chapter shall be known and may be cited as the "Healthcare Worker Platform Act." |
7 | 23-106-2. Definitions. |
8 | For the purposes of this chapter, the following words and terms have the following |
9 | meanings: |
10 | (1) "Healthcare worker platform" means any person, company, corporation, partnership, or |
11 | association that operates or offers a platform. A "healthcare worker platform" is not considered a |
12 | "nursing service agency", as defined in § 23-17.7.1-2. |
13 | (2) "Platform" means an electronic platform, system, or application through which |
14 | healthcare workers can accept one or more shifts to perform healthcare related services at a |
15 | healthcare facility. To meet the definition of a platform, a healthcare worker platform shall not: |
16 | (i) Require a healthcare worker to work any specific shifts or specific number of shifts at a |
17 | healthcare facility; or |
18 | (ii) Restrict a healthcare worker from engaging in any other occupation or business or from |
19 | working at a healthcare facility, with any nursing service agency, or through any other healthcare |
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1 | worker platform. |
2 | 23-106-3. Licensure of healthcare worker platforms. |
3 | (a) Notwithstanding any other provision to the contrary, a healthcare worker platform shall |
4 | be excluded from the definition of a "nursing service agency", as defined by §§ 23-17.7.1-3, 23- |
5 | 17.7.1-10, and 23-17.7.1-19. |
6 | (b) On or before June 1, 2027, the department of health shall promulgate rules and |
7 | regulations that shall require the licensure of each healthcare worker platform that operates or offers |
8 | a platform within the state. |
9 | (c) The department of health may assess an annual licensure fee of one thousand dollars |
10 | ($1,000) per licensee. |
11 | (d) After September 1, 2027, or by the date the department of health has set for licensure |
12 | of healthcare worker platforms pursuant to subsection (b) of this section, whichever is later, no |
13 | healthcare worker platform shall operate a platform in the state, unless it is licensed pursuant to |
14 | subsection (b) of this section. |
15 | 23-106-4. Minimum worker and patient protections. |
16 | (a) Every healthcare worker platform licensed pursuant to this chapter shall ensure that all |
17 | healthcare workers utilizing the platform meet the following standards: |
18 | (1) Criminal background checks. Completion of a national fingerprint-based criminal |
19 | background check, including disqualifying offenses, in accordance with department of health |
20 | requirements. A healthcare worker who books shifts through a healthcare worker platform shall be |
21 | able to receive a background check in accordance with § 23-17-34, and a healthcare worker |
22 | platform shall be able to apply to the bureau of criminal identification of the department of attorney |
23 | general for a national criminal records check as specified in § 23-17-34, even if the healthcare |
24 | worker platform is not the employer of the healthcare worker. |
25 | (2) Credential and competency verification. |
26 | (i) Verification and maintenance of current professional licenses, certifications, and |
27 | competencies necessary for the healthcare services to be performed, and healthcare workers can |
28 | only select shifts that are within their lawful scope of practice. |
29 | (ii) No healthcare worker shall be allowed to book a shift on a healthcare worker platform |
30 | until the requisite training in subsection (a)(3)(ii) of this section has been certified as having been |
31 | taken. |
32 | (3) Training and/or competency evaluation program for nursing assistants. |
33 | (i) Every individual who provides nursing assistant services shall be required to be |
34 | registered as required by chapter 17.9 of this title. |
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1 | (ii) An educational program for nursing assistants who book shifts through a healthcare |
2 | worker platform shall be required, which the healthcare worker platform must certify has been |
3 | completed for each nursing assistant who books shifts through the healthcare worker platform. The |
4 | educational program shall include orientation and periodic programs at least quarterly for a |
5 | minimum of three (3) hours for the continued improvement and development of skills of nursing |
6 | assistants, including competency training and required training based on licensure. |
7 | (4) Health and vaccination standards. Compliance with all applicable department of health |
8 | requirements for healthcare personnel, including immunizations, tuberculosis screening, and |
9 | infection control standards. |
10 | (5) Insurance coverage. Maintenance of occupational accident insurance coverage or |
11 | verification that healthcare workers are covered by worker’s compensation insurance applicable to |
12 | any work performed during a shift the healthcare worker schedules through the platform and |
13 | maintenance of general and professional liability insurance, in amounts determined by the |
14 | department of health. |
15 | (b) A healthcare worker platform shall be deemed the responsible entity for ensuring |
16 | compliance with this section, regardless of any contractual or employment classification of the |
17 | healthcare worker. |
18 | 23-106-5. Requirements and prohibitions. |
19 | (a) A healthcare worker platform shall never require the payment of liquidated damages, |
20 | employment fees, or other compensation by a healthcare worker or healthcare facility that posts |
21 | shift on the healthcare worker platform if a healthcare facility that posts shifts on the healthcare |
22 | worker platform hires a healthcare worker who books shifts through the healthcare worker platform |
23 | as a permanent employee of a healthcare facility. |
24 | (b) A healthcare worker platform shall not actively recruit potential contractors from a |
25 | healthcare facility to which it has an active contract. |
26 | (c) A healthcare worker platform shall maintain compliance with maximum allowable rates |
27 | or markups established by the department of health at the rates indicated in § 23-17.7.1-10(b). |
28 | 23-106-6. Inspections and investigations. |
29 | (a) The department of health shall make or cause to be made any inspections and |
30 | investigations that it deems necessary, including service records. Those service records shall |
31 | include, but are not limited to, the following: |
32 | (1) Records of required health examination which shall be kept confidential as well as all |
33 | required medical records including COVID-19 testing results and all required vaccinations required |
34 | by the department of health; and |
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1 | (2) Documents for each healthcare worker who books shifts on the healthcare worker |
2 | platform, including documented evidence of credentials and other appropriate data, including, |
3 | records of completion of required training and educational programs, medical records, and criminal |
4 | background checks. |
5 | (b) Records of violations of public health code by all healthcare workers who book shifts |
6 | on healthcare worker platforms shall be tracked and made a public record. A healthcare worker |
7 | platform only must maintain records of violations of the public health code when the violations |
8 | occurred during the shifts booked by healthcare workers through the healthcare worker platform. |
9 | (c) The long-term care coordinating council (LTCC) shall develop standards for healthcare |
10 | worker platforms and a ranking formula to track all healthcare worker platforms for public |
11 | accountability. |
12 | (d) If a healthcare worker who books shifts through a healthcare worker platform is directly |
13 | connected to a quality of care or a substandard quality of care deficiency in a facility, a subsequent |
14 | investigation by the licensing agency may be conducted of the healthcare worker platform through |
15 | which the healthcare worker has booked the relevant shifts to determine if the healthcare worker |
16 | platform is operating in accordance with this chapter. |
17 | 23-106-7. Annual reporting requirements. |
18 | (a) Each health worker platform shall submit an annual statistical report to the department |
19 | of health including, but not limited to: |
20 | (1) Mean, median, and average pay rates by the healthcare worker platform of healthcare |
21 | workers, by profession, in the state; |
22 | (2) Number of healthcare workers who booked shifts through the healthcare worker |
23 | platform in the state; |
24 | (3) Number of healthcare workers who have booked shifts through the healthcare worker |
25 | platform in the state who have been deactivated; |
26 | (4) Number of healthcare workers who have booked shifts through the healthcare worker |
27 | platform in the state reported to the office of the attorney general; |
28 | (5) Number of healthcare workers who have booked shifts through the healthcare worker |
29 | platform in the state reported to the department of health for abuse, neglect, misappropriation, and |
30 | job abandonment; |
31 | (6) The amounts charged to healthcare facilities for shifts worked by a healthcare worker |
32 | in the state without facility identifying information; and |
33 | (7) Any other information that the department of health determines relevant to determine |
34 | how much healthcare facilities who participate in Medicare and Medicaid are charged by healthcare |
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1 | worker platforms. |
2 | (b) Reports under this section shall be submitted by healthcare worker platforms no later |
3 | than thirty (30) days after the end of the calendar year. |
4 | 23-106-8. Anti-evasion. |
5 | No healthcare worker platform shall structure its operations, contracts, or worker |
6 | classifications for the purpose of avoiding the requirements of this section. |
7 | SECTION 2. This act shall take effect upon passage. |
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LC003152/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- HEALTHCARE WORKER PLATFORM ACT | |
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1 | This act would establish the healthcare worker platform act allowing for the creation of |
2 | healthcare worker platforms, that would offer healthcare shifts enabling healthcare workers to |
3 | perform healthcare services. The healthcare worker platforms would be required to register with |
4 | the department of health and would be considered exempt from classification as a nursing service |
5 | agency. |
6 | This act would take effect upon passage. |
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LC003152/SUB A | |
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