Includes digital health care service platforms in the definition of temporary health care services agency, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3355--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2025
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the public health law, in relation to including digital
   health care service platforms in the definition  of  temporary  health
   care services agency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 8 of section 2999-ii of the public health  law,
 as  added  by  section 1 of part X of chapter 57 of the laws of 2023, is
 amended to read as follows:
   8. "Temporary health care services agency" or "agency" means a person,
 firm, corporation, partnership, association or other entity in the busi-
 ness of providing or procuring  temporary  employment  [of  health  care
 personnel]  OR  ENGAGING INDIVIDUALS TO PROVIDE HEALTH CARE SERVICES for
 health care entities, OR OF ENABLING  HEALTH  CARE  ENTITIES  TO  ENGAGE
 INDIVIDUALS  TO  PERFORM  HEALTH  CARE  SERVICES.  Temporary health care
 services agency shall include a nurses' registry licensed under  article
 eleven  of  the  general  business law and entities that utilize apps or
 other technology-based solutions to  provide  [or],  procure  [temporary
 employment  of  health care personnel in health care entities] OR ENABLE
 HEALTH CARE ENTITIES  TO  ENGAGE  INDIVIDUALS  TO  PERFORM  HEALTH  CARE
 SERVICES.  Temporary  health care services agency shall not include: (a)
 an individual  who  only  engages  in  providing  the  individual's  own
 services  on  a  temporary  basis to health care entities; or (b) a home
 care agency licensed under article thirty-six of this chapter.
   § 2. Paragraph (a) of subdivision 3 of section 2999-jj of  the  public
 health law, as added by section 1 of part X of chapter 57 of the laws of
 2023, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05369-03-5
 S. 3355--A                          2
 
   (a) Shall document that each INDIVIDUAL ENGAGED TO PROVIDE health care
 [personnel provided to or contracted with] SERVICES TO health care enti-
 ties  currently  meets  the  minimum licensing, training, and continuing
 education standards for the position in which the health care  personnel
 will be working.
   § 3. Paragraphs (a), (b), (f) and (h) of subdivision 2 and subdivision
 3  of section 2999-kk of the public health law, as added by section 1 of
 part X of chapter 57 of the  laws  of  2023,  are  amended  to  read  as
 follows:
   (a) The required minimum licensing, training, and continuing education
 requirements  for  each  [assigned]  INDIVIDUAL ENGAGED IN A health care
 [personnel] POSITION.
   (b) Any requirement for minimum advance  notice  in  order  to  ensure
 prompt  arrival of [assigned] INDIVIDUALS ENGAGED TO PROVIDE health care
 [personnel] SERVICES.
   (f) Procedures for notice from health  care  entities  of  failure  of
 [medical  personnel] INDIVIDUALS ENGAGED TO PROVIDE HEALTH CARE SERVICES
 to report to [assignments] AN AGREED UPON SCHEDULED SHIFT.
   (h) The types and qualifications of [health care  personnel]  INDIVID-
 UALS  ENGAGED TO PROVIDE HEALTH CARE SERVICES available [for assignment]
 through the temporary health care services agency.
   3. A temporary health care services agency shall submit to the depart-
 ment copies of all contracts between the agency and a health care entity
 to which it assigns or [refers] OTHERWISE CONNECTS  INDIVIDUALS  ENGAGED
 TO  PROVIDE health care [personnel] SERVICES, and copies of all invoices
 to health care entities personnel. Executed contracts must  be  sent  to
 the department within five business days of their effective date and are
 not subject to disclosure under article six of the public officers law.
   § 4. This act shall take effect immediately.