N.Y. PBH Law § 2999-JJ — New York Code / Act PBH / Article 29-K / Section 2999-JJ
Registration of temporary health care services agencies; requirements
Status: in_force

§ 2999-jj. Registration of temporary health care services agencies;\nrequirements. 1. Any person who operates a temporary health care\nservices agency shall register the agency with the department.\n  2. The commissioner shall publish guidelines establishing the forms\nand procedures for applications for registration. Forms must include, at\na minimum all of the following:\n  (a) The names and addresses of the temporary health care services\nagency controlling person or persons.\n  (b) The names and addresses of health care entities where the\ncontrolling person or persons or their family members:\n  (i) have an ownership relationship; or\n  (ii) direct the management or policies of such health care entities.\n  (c) A demonstration that the applicant is of good moral character and\nable to comply with all applicable state laws and regulations relating\nto the activities in which it intends to engage under the registration.\n  (d) Registration and registration annual renewal fees of one thousand\ndollars and shall only be used for the purpose of operating this\nregistry.\n  (e) The state of incorporation of the agency.\n  (f) Any additional information that the commissioner determines is\nnecessary to properly evaluate an application for registration.\n  * 3. As a condition of registration, a temporary health care services\nagency:\n  (a) Shall document that each individual engaged to provide health care\nservices to health care entities currently meets the minimum licensing,\ntraining, and continuing education standards for the position in which\nthe health care personnel will be working.\n  (b) Shall comply with all pertinent requirements and qualifications\nfor personnel employed in health care entities.\n  (c) Shall not restrict in any manner the employment opportunities of\nits health care personnel.\n  (d) Shall not require the payment of liquidated damages, employment\nfees, or other compensation should the health care personnel be hired as\na permanent employee of a health care entity in any contract with any\nhealth care personnel or health care entity or otherwise.\n  (e) Shall retain all records related to health care personnel for six\ncalendar years and make them available to the department upon request.\n  (f) Shall comply with any requests made by the department to examine\nthe books and records of the agency, subpoena witnesses and documents\nand make such other investigation as is necessary in the event that the\ndepartment has reason to believe that the books or records do not\naccurately reflect the financial condition or financial transactions of\nthe agency.\n  (g) Shall comply with any additional requirements the department may\ndeem necessary.\n  * NB Effective until May 28, 2027\n  * 3. As a condition of registration, a temporary health care services\nagency:\n  (a) Shall document that each individual engaged to provide health care\nservices to health care entities currently meets the minimum licensing,\ntraining, and continuing education standards for the position in which\nthe individual will be working.\n  (b) Shall comply with all pertinent requirements and qualifications\nfor personnel employed in health care entities.\n  (c) Shall not restrict in any manner the employment opportunities of\nindividuals it connects with health care entities to provide health care\nservices.\n  (d) Shall not require the payment of liquidated damages, employment\nfees, or other compensation should the individuals it connects with\nhealth care entities to provide health care services be hired as a\npermanent employee, contractor, or contingent worker of a health care\nentity in any contract with any individual engaged to provide health\ncare services or health care entity or otherwise.\n  (e) Shall not require the payment of fees or other compensation from\nthe individual engaged to provide health care services for placement or\nconnection with a health care entity.\n  (f) Shall retain all records related to individuals engaged to provide\nhealth care services for six years and make them available to the\ndepartment upon request.\n  (g) Shall comply with any requests made by the department to examine\nthe books and records of the agency, subpoena witnesses and documents\nand make such other investigation as is necessary in the event that the\ndepartment has reason to believe that the books or records do not\naccurately reflect the financial condition or financial transactions of\nthe agency.\n  (h) Shall comply with any additional requirements the department may\ndeem necessary.\n  * NB Effective May 28, 2027\n  4. A registration issued by the commissioner according to this section\nshall be effective for a period of one year, unless the registration is\nrevoked or suspended, or unless ownership interest of ten percent or\nmore, or management of the temporary health care services agency, is\nsold or transferred. When ownership interest of ten percent or more, or\nmanagement of a temporary health care services agency is sold or\ntransferred, the registration of the agency may be transferred to the\nnew owner or operator for thirty days, or until the new owner or\noperator applies and is granted or denied a new registration, whichever\nis sooner.\n  5. The commissioner may, after appropriate notice and hearing,\nsuspend, revoke, or refuse to issue or renew any registration or issue\nany fines established pursuant to section twenty-nine hundred\nninety-nine-ll of this article if the applicant fails to comply with\nthis article or any guidelines, rules and regulations promulgated\nthereunder.\n  6. The commissioner shall make available a list of temporary health\ncare services agencies registered with the department on the\ndepartment's public website.\n  7. The department shall publish a quarterly report containing\naggregated and de-identified data collected pursuant to this article on\nthe department's website.\n  8. The department, in consultation with the department of labor, shall\nprovide a report to the governor and legislature on or before January\nfirst, two thousand twenty-four, summarizing the key findings of the\ndata collected pursuant to this article. The department shall further\nhave authority to utilize any data collected pursuant to this article\nfor additional purposes consistent with this chapter, including but not\nlimited to determinations of whether an acute labor shortage exists, or\nany other purpose the department deems necessary for health care related\ndata purposes.\n  9. The attorney general may, upon the request of the department, bring\nan action for an injunction against any person who violates any\nprovision of this article; provided, the department shall furnish the\nattorney general with such material, evidentiary matter or proof as may\nbe requested by the attorney general for the prosecution of such action.\n