2023 New York Laws › PBH - Public Health › Article 29-K - Registration of Temporary Health Care Services Agencies and Health Care Technology Platforms › 2999-JJ - Registration of Temporary Health Care Services Agencies; Requirements.

§  2999-jj.  Registration  of temporary health care services agencies;
requirements. 1.  Any  person  who  operates  a  temporary  health  care
services agency shall register the agency with the department.
2.  The  commissioner  shall publish guidelines establishing the forms
and procedures for applications for registration. Forms must include, at
a minimum all of the following:
(a) The names and addresses of  the  temporary  health  care  services
agency controlling person or persons.
(b)  The  names  and  addresses  of  health  care  entities  where the
controlling person or persons or their family members:
(i) have an ownership relationship; or
(ii) direct the management or policies of such health care entities.
(c) A demonstration that the applicant is of good moral character  and
able  to  comply with all applicable state laws and regulations relating
to the activities in which it intends to engage under the registration.
(d) Registration and registration annual renewal fees of one  thousand
dollars  and  shall  only  be  used  for  the  purpose of operating this
registry.
(e) The state of incorporation of the agency.
(f) Any additional information that  the  commissioner  determines  is
necessary to properly evaluate an application for registration.
3.  As  a  condition of registration, a temporary health care services
agency:
(a) Shall document that each health  care  personnel  provided  to  or
contracted  with  health  care  entities  currently  meets  the  minimum
licensing, training, and continuing education standards for the position
in which the health care personnel will be working.
(b) Shall comply with all pertinent  requirements  and  qualifications
for personnel employed in health care entities.
(c)  Shall  not restrict in any manner the employment opportunities of
its health care personnel.
(d) Shall not require the payment of  liquidated  damages,  employment
fees, or other compensation should the health care personnel be hired as
a  permanent  employee  of a health care entity in any contract with any
health care personnel or health care entity or otherwise.
(e) Shall retain all records related to health care personnel for  six
calendar years and make them available to the department upon request.
(f)  Shall  comply with any requests made by the department to examine
the books and records of the agency, subpoena  witnesses  and  documents
and  make such other investigation as is necessary in the event that the
department has reason to believe  that  the  books  or  records  do  not
accurately  reflect the financial condition or financial transactions of
the agency.
(g) Shall comply with any additional requirements the  department  may
deem necessary.
4. A registration issued by the commissioner according to this section
shall  be effective for a period of one year, unless the registration is
revoked or suspended, or unless ownership interest  of  ten  percent  or
more,  or  management  of  the temporary health care services agency, is
sold or transferred. When ownership interest of ten percent or more,  or
management  of  a  temporary  health  care  services  agency  is sold or
transferred, the registration of the agency may be  transferred  to  the
new  owner  or  operator  for  thirty  days,  or  until the new owner or
operator applies and is granted or denied a new registration,  whichever
is sooner.
5.  The  commissioner  may,  after  appropriate  notice  and  hearing,
suspend, revoke, or refuse to issue or renew any registration  or  issue
any   fines   established   pursuant   to  section  twenty-nine  hundred

ninety-nine-ll of this article if the applicant  fails  to  comply  with
this  article  or  any  guidelines,  rules  and  regulations promulgated
thereunder.
6.  The  commissioner  shall make available a list of temporary health
care  services  agencies  registered  with   the   department   on   the
department's public website.
7.   The  department  shall  publish  a  quarterly  report  containing
aggregated and de-identified data collected pursuant to this article  on
the department's website.
8. The department, in consultation with the department of labor, shall
provide  a  report  to the governor and legislature on or before January
first, two thousand twenty-four, summarizing the  key  findings  of  the
data  collected  pursuant  to this article. The department shall further
have authority to utilize any data collected pursuant  to  this  article
for  additional purposes consistent with this chapter, including but not
limited to determinations of whether an acute labor shortage exists,  or
any other purpose the department deems necessary for health care related
data purposes.
9. The attorney general may, upon the request of the department, bring
an  action  for  an  injunction  against  any  person  who  violates any
provision of this article; provided, the department  shall  furnish  the
attorney  general with such material, evidentiary matter or proof as may
be requested by the attorney general for the prosecution of such action.