| 30 | | - | dollars ($500) per licensee. 8 |
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| 31 | | - | (b) Not later than October 1, 2023, the department of health (DOH) shall develop a system 9 |
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| 32 | | - | that allows a temporary nursing services agency that provides services in the state to register 10 |
|---|
| 33 | | - | annually with the department of health. 11 |
|---|
| 34 | | - | (c) The DOH may assess an annual licensure fee of one thousand dollars ($1,000) per 12 |
|---|
| 35 | | - | licensee not later than January 1, 2024, no temporary nursing services agency shall provide 13 |
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| 36 | | - | temporary nursing services in the state unless it is registered pursuant to subsection (b) of this 14 |
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| 37 | | - | section. 15 |
|---|
| 38 | | - | (b)(d) The department of health shall promulgate licensure standards, and rules and 16 |
|---|
| 39 | | - | regulations governing the operation of nursing service agencies to protect the health and welfare of 17 |
|---|
| 40 | | - | patients. These regulations shall include, but not be limited to, employee bonding, maintenance of 18 |
|---|
| 30 | + | dollars ($500) one thousand dollars ($1,000) per licensee. 8 |
|---|
| 31 | + | (b) The department of health shall promulgate licensure standards, and rules and 9 |
|---|
| 32 | + | regulations governing the operation of nursing service agencies to protect the health and welfare of 10 |
|---|
| 33 | + | patients. These regulations shall include, but not be limited to, employee bonding, maintenance of 11 |
|---|
| 34 | + | service records, and appropriate staff professional registration and certification, licensure training, 12 |
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| 35 | + | supervision, health screening and liability insurance. 13 |
|---|
| 36 | + | (c) A nursing service agency’s maximum rate for services provided to a client, including, 14 |
|---|
| 37 | + | but not limited to, a nursing facility and or assisted living residence, by a nurse or certified nurse 15 |
|---|
| 38 | + | shall not exceed two hundred percent (200%) of the regional hourly wage of each position. The 16 |
|---|
| 39 | + | department shall use and publish the most current median hourly wage data reported by the United 17 |
|---|
| 40 | + | States Department of Labor Bureau of Labor Statistics (BLS) Wage Estimates for the state. These 18 |
|---|
| 43 | | - | LC002141/SUB A/3 - Page 2 of 5 |
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| 44 | | - | service records, and appropriate staff professional registration and certification, licensure training, 1 |
|---|
| 45 | | - | supervision, health screening and liability insurance. 2 |
|---|
| 46 | | - | 23-17.7.1-10. Regulations, inspections, and investigations. 3 |
|---|
| 47 | | - | (a) The licensing agency shall, after a public hearing pursuant to chapter 35 of title 42, give 4 |
|---|
| 48 | | - | notice, adopt, amend, promulgate, and enforce any rules and regulations and standards with respect 5 |
|---|
| 49 | | - | to nursing service agencies to be licensed under this chapter that may be designed to further the 6 |
|---|
| 50 | | - | accomplishment of the purposes of this chapter in promoting safe and adequate care of individuals 7 |
|---|
| 51 | | - | receiving nursing and nursing assistant services, in the interest of public health, safety, and welfare. 8 |
|---|
| 52 | | - | All licensed nursing service agencies shall be required to protect clients by insuring that all persons 9 |
|---|
| 53 | | - | whom it employs receive training and/or competency evaluation pursuant to the provisions of §§ 10 |
|---|
| 54 | | - | 23-17.9-3 and 23-17.7-11. The licensing agency shall make or cause to be made any inspections 11 |
|---|
| 55 | | - | and investigations that it deems necessary including service records. 12 |
|---|
| 56 | | - | (b) A nursing service agency's maximum rate for services provided to a nursing facility 13 |
|---|
| 57 | | - | and or assisted living residence, by a nurse or certified nurse assistant shall not exceed two hundred 14 |
|---|
| 58 | | - | percent (200%) of the regional hourly wage of each position. The licensing agency shall use and 15 |
|---|
| 59 | | - | publish the most current median hourly wage data reported by the United States Department of 16 |
|---|
| 60 | | - | Labor Bureau of Labor Statistics (BLS) Wage Estimates for the state. These positions shall include 17 |
|---|
| 61 | | - | registered nurses, licensed practical nurses, certified nurse assistants, and medication aides. The 18 |
|---|
| 62 | | - | maximum rate shall include all charges for administrative fees, contract fees, or other special 19 |
|---|
| 63 | | - | charges in addition to the hourly rates for the temporary nursing pool personnel supplied to a client. 20 |
|---|
| 64 | | - | (c) Records of required health inspections and investigations shall be kept confidential as 21 |
|---|
| 65 | | - | well as all required medical records including COVID-19 testing results, and all other required 22 |
|---|
| 66 | | - | vaccinations required by the department. 23 |
|---|
| 67 | | - | (d) The personnel file and folder for each employee shall be kept confidential, including 24 |
|---|
| 68 | | - | documented evidence of credentials and other appropriate data, including documentation of 25 |
|---|
| 69 | | - | orientation, and quarterly in-service education, records of completion of required training and 26 |
|---|
| 70 | | - | educational programs, medical records, and criminal background checks. 27 |
|---|
| 71 | | - | (e) The staffing agency shall maintain insurance coverage for workers' compensation for 28 |
|---|
| 72 | | - | all nurses, med technicians, certified nursing assistants, therapists and therapist aides provided or 29 |
|---|
| 73 | | - | procured by the agency. 30 |
|---|
| 74 | | - | (f) Records of violations of public health code by all agency staff shall be tracked and made 31 |
|---|
| 75 | | - | a public record. 32 |
|---|
| 76 | | - | (g) The long-term care coordinating council (LTCC) shall develop standards for nurse staff 33 |
|---|
| 77 | | - | agencies and a ranking formula to track all agencies for public accountability. 34 |
|---|
| 43 | + | LC002141 - Page 2 of 5 |
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| 44 | + | positions shall include registered nurses, licensed practical nurses, certified nurse assistants, and 1 |
|---|
| 45 | + | medication aides. The maximum rate shall include all charges for administrative fees, contract 2 |
|---|
| 46 | + | fees, or other special charges in addition to the hourly rates for the temporary nursing pool 3 |
|---|
| 47 | + | personnel supplied to a client. 4 |
|---|
| 48 | + | 23-17.7.1-10. Regulations, inspections, and investigations. 5 |
|---|
| 49 | + | (a) The licensing agency shall, after a public hearing pursuant to chapter 35 of title 42, give 6 |
|---|
| 50 | + | notice, adopt, amend, promulgate, and enforce any rules and regulations and standards with respect 7 |
|---|
| 51 | + | to nursing service agencies to be licensed under this chapter that may be designed to further the 8 |
|---|
| 52 | + | accomplishment of the purposes of this chapter in promoting safe and adequate care of individuals 9 |
|---|
| 53 | + | receiving nursing and nursing assistant services, in the interest of public health, safety, and welfare. 10 |
|---|
| 54 | + | All licensed nursing service agencies shall be required to protect clients by insuring that all persons 11 |
|---|
| 55 | + | whom it employs receive training and/or competency evaluation pursuant to the provisions of §§ 12 |
|---|
| 56 | + | 23-17.9-3 and 23-17.7-11. The licensing agency shall make or cause to be made any inspections 13 |
|---|
| 57 | + | and investigations that it deems necessary including service records. 14 |
|---|
| 58 | + | (b) Those service records shall include, but are not limited to, the following: 15 |
|---|
| 59 | + | (1) Records of required health examination which shall be kept confidential as well as all 16 |
|---|
| 60 | + | required medical records including COVID-19 testing results and all required vaccinations required 17 |
|---|
| 61 | + | by the department; and 18 |
|---|
| 62 | + | (2) Personnel file and folder for each employee, which includes documented evidence of 19 |
|---|
| 63 | + | credentials and other appropriate data, including documentation of orientation, and quarterly in-20 |
|---|
| 64 | + | service education, records of completion of required training and educational programs, medical 21 |
|---|
| 65 | + | records, and criminal background checks. 22 |
|---|
| 66 | + | (c) The staffing agency shall maintain insurance coverage for workers compensation for 23 |
|---|
| 67 | + | all nurses, med technicians, certified nursing assistants, therapists and therapist aides provided or 24 |
|---|
| 68 | + | procured by the agency. 25 |
|---|
| 69 | + | (d) Records of violations of public health code by all agency staff shall be tracked and 26 |
|---|
| 70 | + | made a public record 27 |
|---|
| 71 | + | (e) The long term care coordinating council (LTCC) shall develop standards for nurse staff 28 |
|---|
| 72 | + | agencies and a ranking formula to track all agencies for public accountability. 29 |
|---|
| 73 | + | (f) If an employee of a staffing agency is directly connected to a quality of care or a 30 |
|---|
| 74 | + | substandard quality of care deficiency in a facility, a subsequential investigation by the licensing 31 |
|---|
| 75 | + | agency shall be conducted at the nursing service agency in which that individual is employed. 32 |
|---|
| 76 | + | 23-17.7.1-11. Training and/or competency evaluation program for nursing assistants. 33 |
|---|
| 77 | + | (a) Every individual who is employed to provide nursing assistant services shall be required 34 |
|---|
| 80 | | - | LC002141/SUB A/3 - Page 3 of 5 |
|---|
| 81 | | - | (h) If an employee of a staffing agency is directly connected to a quality of care or a 1 |
|---|
| 82 | | - | substandard quality of care deficiency in a facility, a subsequential investigation by the licensing 2 |
|---|
| 83 | | - | agency shall be conducted at the nursing service agency in which that individual is employed. 3 |
|---|
| 84 | | - | 23-17.7.1-11. Training and/or competency evaluation program for nursing assistants. 4 |
|---|
| 85 | | - | (a) Every individual who is employed to provide nursing assistant services shall be required 5 |
|---|
| 86 | | - | to be registered as required by chapter 17.9 of this title. 6 |
|---|
| 87 | | - | (b) An in-service educational program for direct patient care personnel shall be provided 7 |
|---|
| 88 | | - | on an ongoing basis which shall include orientation for new personnel and periodic programs 8 |
|---|
| 89 | | - | consisting of three (3) hours per quarter at a minimum for the continued improvement and 9 |
|---|
| 90 | | - | development of skills of direct care personnel, including competency training and department 10 |
|---|
| 91 | | - | required training based on licensure. 11 |
|---|
| 92 | | - | SECTION 2. Chapter 23-17.7.1 of the General Laws entitled "Licensing of Nursing 12 |
|---|
| 93 | | - | Service Agencies" is hereby amended by adding thereto the following sections: 13 |
|---|
| 94 | | - | 23-17.7.1-22. Employment prohibitions. 14 |
|---|
| 95 | | - | (a) No nursing service agency shall recruit potential employees from a client to which it 15 |
|---|
| 96 | | - | actively provides services in any contract. 16 |
|---|
| 97 | | - | (b) The nursing service agency shall not, in any contract with any employee of a client, 17 |
|---|
| 98 | | - | require the payment of liquidated damages, employment fees or other compensation should the 18 |
|---|
| 99 | | - | employee be hired as a permanent employee of a client facility. 19 |
|---|
| 100 | | - | 23-17.7.1-23. Annual reporting requirements. 20 |
|---|
| 101 | | - | (a) The agency shall submit an annual statistical report to the department of health 21 |
|---|
| 102 | | - | including, but not limited to: 22 |
|---|
| 103 | | - | (1) Mean, median, and average salaries and hourly pay rates of employees, by employment 23 |
|---|
| 104 | | - | type; 24 |
|---|
| 105 | | - | (2) Number of employees; 25 |
|---|
| 106 | | - | (3) Number of employees terminated; 26 |
|---|
| 107 | | - | (4) Number of employees reported to the office of the attorney general; and 27 |
|---|
| 108 | | - | (5) Number of employees reported to the department for abuse, neglect, misappropriation, 28 |
|---|
| 109 | | - | and job abandonment. 29 |
|---|
| 110 | | - | (b) For every person placed for employment, or temporary performance of services by an 30 |
|---|
| 111 | | - | employment agency with a healthcare provider employer, the employment agency shall annually 31 |
|---|
| 112 | | - | report: 32 |
|---|
| 113 | | - | (1) The amount charged for each person; 33 |
|---|
| 114 | | - | (2) The amount paid to each person; 34 |
|---|
| 80 | + | LC002141 - Page 3 of 5 |
|---|
| 81 | + | to be registered as required by chapter 17.9 of this title. 1 |
|---|
| 82 | + | (b) An in-service educational program for direct patient care personnel shall be provided 2 |
|---|
| 83 | + | on an ongoing basis which shall include orientation for new personnel and periodic programs at 3 |
|---|
| 84 | + | least quarterly for a minimum of three (3) hours for the continued improvement and development 4 |
|---|
| 85 | + | of skills of direct care personnel, including competency training and department required training 5 |
|---|
| 86 | + | based on licensure. 6 |
|---|
| 87 | + | SECTION 2. Chapter 23-17.7.1 of the General Laws entitled "Licensing of Nursing 7 |
|---|
| 88 | + | Service Agencies" is hereby amended by adding thereto the following sections: 8 |
|---|
| 89 | + | 23-17.7.1-22. Employment prohibitions. 9 |
|---|
| 90 | + | (a) No nursing service agency shall recruit and/or hire potential employees from a client to 10 |
|---|
| 91 | + | which it actively provides services in any contract. 11 |
|---|
| 92 | + | (b) The nursing service agency shall not, in any contract with any employee of a client, 12 |
|---|
| 93 | + | require the payment of liquidated damages, employment fees or other compensation should the 13 |
|---|
| 94 | + | employee be hired as a permanent employee of a client facility. 14 |
|---|
| 95 | + | 23-17.7.1-23. Annual reporting requirements. 15 |
|---|
| 96 | + | (a) The agency shall submit an annual statistical report to the department of health 16 |
|---|
| 97 | + | including, but not limited to: 17 |
|---|
| 98 | + | (1) Mean, median, and average salaries and hourly pay rates of employees, by employment 18 |
|---|
| 99 | + | type; 19 |
|---|
| 100 | + | (2) Number of employees; 20 |
|---|
| 101 | + | (3) Number of employees terminated; 21 |
|---|
| 102 | + | (4) Number of employees reported to the office of the attorney general; and 22 |
|---|
| 103 | + | (5) Number of employees reported to the department for abuse, neglect, misappropriation, 23 |
|---|
| 104 | + | and job abandonment. 24 |
|---|
| 105 | + | (b) For every person placed for employment, or temporary performance of services by an 25 |
|---|
| 106 | + | employment agency with a healthcare provider employer, the employment agency shall annually 26 |
|---|
| 107 | + | report: 27 |
|---|
| 108 | + | (1) The amount charged for each person; 28 |
|---|
| 109 | + | (2) The amount paid to each person; 29 |
|---|
| 110 | + | (3) The amount of payment received that is retained by the employment agency; and 30 |
|---|
| 111 | + | (4) Any other information that the department, in conjunction with the department of 31 |
|---|
| 112 | + | children, youth and families, determines relevant to determine how much health care provider 32 |
|---|
| 113 | + | employers who participate in Medicare and Medicaid are charged by employment agency services. 33 |
|---|
| 114 | + | (c) Reports under this section shall be submitted by the employment agencies no later than 34 |
|---|