Senate File 2210 S-5074 Amend Senate File 2210 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 135Q.1 Definitions. 4 As used in this chapter, unless the context otherwise 5 requires: 6 1. “Department” means the department of inspections and 7 appeals. 8 2. “Direct services” means services provided to consumers 9 through person-to-person contact. “Direct services” excludes 10 services performed by persons in a health care entity setting 11 that do not involve the provision of any service or treatment 12 to a consumer of a health care entity. “Direct services” does 13 not include the practice of medicine and surgery or osteopathic 14 medicine and surgery by an individual licensed under chapter 15 148 or the practice of nursing by an advanced registered nurse 16 practitioner or an advanced practice registered nurse licensed 17 under chapter 152 or 152E. 18 3. “Health care employment agency” or “agency” means an 19 agency that contracts with a health care entity in this state 20 to provide agency workers for temporary, temporary-to-hire, 21 direct hire, or other contract or employee placements. 22 4. “Health care employment agency worker” or “agency worker” 23 means an individual who contracts with or is employed by a 24 health care employment agency to provide direct services or 25 nursing services to health care entity consumers. 26 5. “Health care entity” means a licensed or certified 27 facility, organization, or agency operated to provide services 28 and supports to meet the health or personal care needs of 29 consumers. 30 6. “Managing entity” means a business entity, owner, 31 ownership group, chief executive officer, program 32 administrator, director, or other decision maker whose 33 responsibilities include directing the management or policies 34 of a health care employment agency. “Managing entity” includes 35 -1- SF 2210.3941 (1) 89 (amending this SF 2210 to CONFORM to HF 2521) pf/rh 1/ 4 #1.

an individual who, directly or indirectly, holds a beneficial 1 interest in a corporation, partnership, or other business 2 entity that constitutes a managing entity. 3 7. “Nursing services” means those services which may be 4 provided only by or under the supervision of a nurse. “Nursing 5 services” does not include the practice of nursing by an 6 advanced registered nurse practitioner or an advanced practice 7 registered nurse licensed under chapter 152 or 152E. 8 Sec. 2. NEW SECTION . 135Q.2 Health care employment agency 9 requirements —— registration —— liability —— penalties. 10 1. A health care employment agency operating in the state 11 shall register annually with the department. Each separate 12 location of a health care employment agency shall register 13 annually with and pay an annual registration fee of five 14 hundred dollars to the department. The department shall issue 15 each location a separate certification of registration upon 16 approval of registration and payment of the fee. 17 2. A health care employment agency shall do all of the 18 following: 19 a. Ensure that agency workers comply with all applicable 20 requirements relating to the health requirements and 21 qualifications of personnel in health care entity settings. 22 b. Document that each agency worker meets the minimum 23 licensing, certification, training, and health requirements 24 and the continuing education standards for the agency worker’s 25 position in the health care entity setting. 26 c. Maintain records for each agency worker and report, 27 file, or otherwise provide any required documentation to 28 external parties or regulators which would otherwise be the 29 responsibility of the health care entity if the agency worker 30 was employed by the health care entity. 31 d. Maintain professional and general liability insurance 32 coverage with minimum per occurrence coverage of one million 33 dollars and aggregate coverage of three million dollars to 34 insure against loss, damage, or expense incident to a claim 35 -2- SF 2210.3941 (1) 89 (amending this SF 2210 to CONFORM to HF 2521) pf/rh 2/ 4

arising out of the death or injury of any person as the result 1 of negligence or malpractice in the provision of services by 2 the agency or an agency worker. 3 3. a. A health care employment agency shall not do any of 4 the following: 5 (1) Restrict in any manner the employment opportunities 6 of an agency worker by including a non-compete clause in any 7 contract with an agency worker or health care entity. 8 (2) In any contract with an agency worker or health care 9 entity, require payment of liquidated damages, employment fees, 10 or other compensation if the agency worker is subsequently 11 hired as a permanent employee of the health care entity. 12 b. Any contract that violates this subsection shall be 13 unenforceable in court. 14 4. A health care employment agency shall submit a report to 15 the department on a quarterly basis for each health care entity 16 participating in Medicare or Medicaid with whom the agency 17 contracts that includes all of the following by provider type: 18 a. A detailed list of the average amount charged to the 19 health care entity for each individual agency worker category. 20 b. A detailed list of the average amount paid by the agency 21 to agency workers in each individual agency worker category. 22 5. a. A health care employment agency that violates 23 subsection 1 or subsection 2 is subject to denial or revocation 24 of registration for a period of one year and a monetary penalty 25 of five hundred dollars for a first offense and five thousand 26 dollars for each offense thereafter. 27 b. A health care employment agency that violates subsection 28 3 or that knowingly provides an agency worker who has an 29 illegally or fraudulently obtained or issued diploma, 30 registration, license, certification, or background check to 31 a health care entity is subject to immediate revocation of 32 registration. The department shall notify the agency thirty 33 days in advance of the date of such revocation. 34 c. (1) The managing entity of an agency for which 35 -3- SF 2210.3941 (1) 89 (amending this SF 2210 to CONFORM to HF 2521) pf/rh 3/ 4

registration has been denied or revoked under this subsection 1 shall not be eligible to apply for or be granted registration 2 for another agency during the two-year period following the 3 date of the denial or revocation. 4 (2) The department shall not approve a new registration 5 or renew an existing registration for any agency for which 6 the managing entity is also the managing entity of an agency 7 for which registration has been denied or revoked during the 8 two-year period in which registration of the violating agency 9 is denied or revoked. 10 6. The department shall establish a system for members of 11 the public to report complaints against an agency or agency 12 worker. The department shall investigate any complaint 13 received and shall report the department’s findings to the 14 complaining party and the agency involved. > 15 ______________________________ MARK COSTELLO -4- SF 2210.3941 (1) 89 (amending this SF 2210 to CONFORM to HF 2521) pf/rh 4/ 4