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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

     Introduced By: Representatives Shanley, Craven, Caldwell, Bennett, Casimiro, Corvese,
Morales, Paplauskas, and Hopkins

     Date Introduced: January 09, 2026

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 106

HEALTHCARE WORKER PLATFORM ACT

     23-106-1. Title.

     This chapter shall be known and may be cited as the "Healthcare Worker Platform Act."

     23-106-2. Definitions.

     For the purposes of this chapter, the following words and terms have the following

meanings:

     (a) “Healthcare worker platform" means any person, corporation, partnership, or

association that operates or offers a platform. A “healthcare worker platform” is not considered a

“nursing service agency” as defined in § 23-17.7.1-2.

     (b) “Platform” means an electronic platform, system, or application through which

healthcare workers can accept one or more shifts to perform healthcare related services at a

healthcare facility.

     (1) Notwithstanding any other provisions to the contrary, a healthcare worker platform

shall be excluded from the definition of a “nursing service agency, as defined by § 23-17.1-2. To

meet the definition of a platform, a healthcare worker platform shall not:

     (i) Require a healthcare worker to work any specific shifts or specific number of shifts at a

healthcare facility;

     (ii) Restrict a healthcare worker from engaging in any other occupation or business or from

working at a healthcare facility, with any nursing service agency, or through any other healthcare

worker platform; or

     (iii) Allow healthcare workers to accept any shifts to perform healthcare related services

from home nursing care providers, home care providers, or hospices licensed in this state.

     23-106-3. Licensure of healthcare worker platforms.

     (a) No person shall establish, conduct, or maintain a healthcare worker platform in this

state without a license issued pursuant to this chapter in accordance with § 23-106-4(c).

     (b) Any person establishing, conducting, managing, or operating a healthcare worker

platform without a license under this chapter shall be fined not more than five thousand dollars

($5,000) or imprisoned not more than one year or both, in the discretion of the court, for each

offense in accordance with § 23-106-4(c).

     23-106-4. Rules and regulations.

     (a) The director of the department of health shall promulgate rules and regulations to carry

out the intent of this chapter.

     (b) The department of health may assess an annual licensure fee of one thousand dollars

($1,000) per license.

     (c) After September 1, 2027, or by the date the department of health has set for licensure

of healthcare worker platforms pursuant to subsection (b) of this section, whichever is later, no

healthcare worker platform shall operate a platform in this state, unless it is licensed pursuant to

this section.

     23-106-5. Minimum worker and patient protections.

     (a) Every healthcare worker platform licensed pursuant to this chapter shall ensure that all

healthcare workers utilizing the platform meet the following standards:

     (1) Criminal background checks. Completion of a national fingerprint-based criminal

background check, including disqualifying offenses, in accordance with § 23-106-10 of this

chapter. A healthcare worker who books shifts through a healthcare worker platform shall be able

to receive a background check in accordance with chapter 17.7.1 of title 23, and a healthcare worker

platform shall be able to apply to the bureau of criminal identification of the department of attorney

general for a national criminal records check as specified in chapter 17.7.1 of title 23, even if the

healthcare worker platform is not the employer of the healthcare worker.

     (2) Credential and competency verification.

     (i) Every individual who provides healthcare services shall be required to hold an active

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registration of license in good standing issued by the department of health as required by chapter

17.9 of this title ("registration of nursing assistants") or by chapters 19.1 ("pharmacies"), 29

("podiatrists"), 30 ("chiropractic physicians"), 31.1 ("dentists and dental hygienists"), 34 ("nurses"),

34.2 ("nurse anesthetists"), 35.1 ("optometrists"), 37 ("board of medical licensure and discipline"),

40 (physical therapists), 54 "(physician assistants"), 96 ("occupational therapy licensure compact")

of title 5.

     (iii) No certified nursing assistant shall be allowed to book a shift on a healthcare worker

platform until the requisite training in subsection (a)(3)(ii) of this section has been certified as

completed.

     (3) Training and/or competency evaluation program for nursing assistants.

     (i) An educational program for nursing assistants who book shifts through a healthcare

worker platform shall be required, which the healthcare worker platform must certify has been

completed for each nursing assistant who books shifts though the healthcare worker platform. The

educational program shall include orientation and periodic programs at least quarterly for a

minimum of three (3) hours for the continued improvement and development of skills of nursing

assistants, including competency training and required training based on licensure.

     (4) Health and vaccination standards. Compliance with all applicable department of health

requirements for healthcare personnel, including immunizations, tuberculosis screening, and

infection control standards.

     (5) Insurance coverage. Maintenance of occupational accident insurance coverage or

verification that healthcare workers are covered by worker’s compensation insurance applicable to

any work performed during a shift the healthcare worker schedules through the platform and

maintenance of general and professional liability insurance, in amounts determined by the

department of business regulation in accordance with § 42-14.1-2.

     (b) A healthcare worker platform shall be deemed the responsible entity for ensuring

compliance with this section, regardless of any contractual or employment classification of the

healthcare worker.

     23-106-6. Requirements and prohibitions.

     (a) A healthcare worker platform shall never require the payment of liquidated damages,

employment fees, or other compensation by a healthcare worker or healthcare facility that posts

shift on the healthcare worker platform if a healthcare facility that posts shifts on the healthcare

worker platform hires a healthcare worker who books shifts through the healthcare worker platform

as a permanent employee of a healthcare facility.

     (b) A healthcare worker platform shall not actively recruit potential contractors from a

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healthcare facility to which it has an active contract.

     (c) A healthcare worker platform shall maintain compliance with maximum allowable rates

or markups established by the department of health at the rates indicated in § 23-17.7.1-10(b).

     23-106-7. Inspections and investigations.

     (a) The department of health shall make or cause to be made any inspections and

investigations that it deems necessary, including service records. Those service records shall

include, but are not limited to, the following:

     (1) Records of required health examination which shall be kept confidential as well as all

required medical records, including COVID-19 testing results and all required vaccinations

required by the department of health; and

     (2) Documents for each healthcare worker who books shifts on the healthcare worker

platform, including documented evidence of credentials and other appropriate data, including,

records of completion of required training and educational programs, medical records, and criminal

background checks.

     (b) Records of violations of public health code by all healthcare workers who book shifts

on healthcare worker platforms shall be tracked and made a public record. A healthcare worker

platform shall maintain records of violations of public health code when the violations occurred

during the shifts booked by healthcare workers through the healthcare worker platform.

     (c) The long-term care coordinating council (LTCC) shall develop standards for healthcare

worker platforms and a ranking formula to track all healthcare worker platforms for public

accountability.

     23-106-8. Annual reporting requirements.

     (a) Each healthcare worker platform shall submit an annual statistical report to the

department of health including, but not limited to, the following:

     (1) Mean, median, and average pay rates by the healthcare worker platform of healthcare

workers, by profession, in the state;

     (2) Number of healthcare workers who booked shifts through the healthcare worker

platform in the state;

     (3) Number of healthcare workers who have booked shifts through the healthcare worker

platform in the state who have been deactivated;

     (4) Number of healthcare workers who have booked shifts through the healthcare worker

platform in the state reported to the office of the attorney general;

     (5) Number of healthcare workers who have booked shifts through the healthcare worker

platform in the state reported to the department of health for abuse, neglect, misappropriation, and

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job abandonment;

     (6) The amounts charged to healthcare facilities for shifts worked by a healthcare worker

in the state without facility identifying information; and

     (7) Any other information that the department of health determines relevant to determine

how much healthcare facilities who participate in Medicare and Medicaid are charged by healthcare

worker platforms.

     23-106-9. Anti-evasion.

     No healthcare worker platform shall structure its operations, contracts, or worker

classifications for the purpose of avoiding the requirements of chapter 17.7.1 of title 23.

     23-106-10. Criminal records review.

     (a) Any healthcare worker seeking to register with a platform shall undergo a national

criminal records check that shall include fingerprints submitted to the Federal Bureau of

Investigation (FBI) by the bureau of criminal identification of the department of attorney general.

The national criminal records check shall be initiated prior to accepting any shift.

     (b) The director of the department of health may, by rule, identify those positions requiring

national criminal records checks. The healthcare worker, through the platform, shall apply to the

bureau of criminal identification of the department of attorney general for a national criminal

records check. Upon the discovery of any disqualifying information as defined in § 23-17.7.1-20,

and in accordance with the rule promulgated by the director of the department of health, the bureau

of criminal identification of the department of attorney general will inform the applicant, in writing,

of the nature of the disqualifying information; and, without disclosing the nature of the

disqualifying information, will notify the platform, in writing, that disqualifying information has

been discovered.

     (c) A healthcare worker against whom disqualifying information under § 23-17.7.1-20(b)

has been found may provide a copy of the national criminal records check to the platform who shall

make a judgment regarding the registration of the healthcare worker with the platform.

     (d) In those situations, in which no disqualifying information has been found, the bureau

of criminal identification of department of attorney general shall inform the healthcare worker and

the platform, in writing, of this fact.

     (e) The platform shall maintain on file, subject to inspection by the department of health,

evidence that national criminal records checks have been initiated on all healthcare workers seeking

to register with the platform, and the results of those checks. Failure to maintain that evidence

would be grounds to revoke the license of the platform.

     (f) The healthcare worker or the platform shall be responsible for the cost of conducting

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the national criminal records check through the bureau of criminal identification of the department

of attorney general.

     23-106-11. Judicial review of license action.

     Any person who has exhausted all administrative remedies available to him or her within

the department of health, and who is aggrieved by a final decision of the department of health, is

entitled to judicial review in accordance with the provisions of §§ 42-35-15 and 42-35-16.

     23-106-12. Power of enforcement.

     The director of the department of health shall have power to enforce the provisions of this

chapter.

     23-106-13. Severability.

     If any provision of this chapter or the application of any provision of this chapter to any

person or circumstance shall be held invalid, the invalidity shall not affect the provisions or

application of this chapter which can be given effect without the invalid provisions or application,

and to this end the provisions of the chapter are declared to be severable.

     SECTION 2. Section 23-17.7.1-13 of the General Laws in Chapter 23-17.7.1 entitled

"Licensing of Nursing Service Agencies" is hereby amended to read as follows:

     23-17.7.1-13. Agencies to which chapter inapplicable.

     (a) The provisions of this chapter shall not be construed to apply to hospices, home nursing

care providers and homecare providers licensed in accordance with chapter 17 of this title; however,

the agencies shall be subject to the same training requirements for nursing assistants and the duties

of the individuals shall be the same as those prescribed by regulations.

     (b) Training Thru Placement, Inc., and the respite care services provided to the

developmentally disabled by Training Thru Placement, Inc., shall be exempted from the provisions

of this chapter.

     (c) The provisions of this chapter shall not be construed to apply to healthcare worker

platforms licensed in accordance with chapter 106 of this title; however, the platforms shall be

subject to the same training requirements for nursing assistants and the duties of the individuals

shall be the same as those prescribed by regulations.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- HEALTHCARE WORKER PLATFORM ACT

***

     This act would establish the healthcare worker platform and would require platforms

offering healthcare shifts to register with the department of health by June 1, 2027, while,

specifically, exempting them from being classified as nursing service agencies.

     This act would take effect upon passage.

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