Texas 2023 - 88th Regular

Texas House Bill HB4146 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6329 EAS-F
2	2	By: Clardy H.B. No. 4146
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of health care employment agencies;
8	8	authorizing a fee; providing an administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle G, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 148 to read as follows:
12	12	CHAPTER 148. HEALTH CARE EMPLOYMENT AGENCIES
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 148.001. DEFINITIONS. In this chapter:
15	15	(1) "Agency employee" means an individual who
16	16	contracts with or is employed by a health care employment agency to
17	17	provide a direct health care service or nursing service to health
18	18	care entity patients.
19	19	(2) "Direct health care service" means a health care
20	20	service provided in person to a health care entity patient. The
21	21	term does not include the practice of medicine, the practice of
22	22	osteopathic medicine, or the practice of nursing by an advanced
23	23	practice registered nurse.
24	24	(3) "Health care employment agency" means an agency
25	25	that contracts with a health care entity to provide to a person,
26	26	firm, corporation, partnership, or association agency employees
27	27	for temporary employment, temporary-to-hire employment,
28	28	direct-hire employment, or any other contract or employee placement
29	29	type.
30	30	(4) "Health care entity" means:
31	31	(A) an ambulatory surgical center licensed under
32	32	Chapter 243;
33	33	(B) an assisted living facility licensed under
34	34	Chapter 247;
35	35	(C) an emergency medical services provider
36	36	licensed under Chapter 773;
37	37	(D) a health services district created under
38	38	Chapter 287;
39	39	(E) a home and community support services agency
40	40	licensed under Chapter 142;
41	41	(F) a person licensed under Chapter 142 to
42	42	provide hospice services, as defined by Section 142.001;
43	43	(G) a hospital licensed under Chapter 241;
44	44	(H) a system of hospitals and other health care
45	45	providers located in this state that are under the common
46	46	governance or control of a corporate parent;
47	47	(I) an intermediate care facility licensed under
48	48	Chapter 252;
49	49	(J) a home and community-based services waiver
50	50	program for individuals with an intellectual disability adopted in
51	51	accordance with Section 1915(c) of the federal Social Security Act
52	52	(42 U.S.C. Section 1396n(c)), as amended;
53	53	(K) a nursing home licensed under Chapter 242; or
54	54	(L) an end stage renal disease facility licensed
55	55	under Chapter 251.
56	56	(5) "Nursing service" means a health care service that
57	57	may only be provided by or under the supervision of a nurse licensed
58	58	under Chapter 301, Occupations Code. The term does not include the
59	59	practice of nursing by an advanced practice registered nurse.
60	60	Sec. 148.002. RULES. The executive commissioner shall
61	61	adopt rules to implement this chapter.
62	62	SUBCHAPTER B. REGISTRATION REQUIREMENTS
63	63	Sec. 148.051. ANNUAL REGISTRATION REQUIRED. A health care
64	64	employment agency:
65	65	(1) shall annually register each place of business
66	66	owned or operated by the agency with the commission in accordance
67	67	with this subchapter; and
68	68	(2) may not establish or operate a place of business
69	69	described by Subdivision (1) unless the person registers the place
70	70	of business with the commission in accordance with this subchapter.
71	71	Sec. 148.052. REGISTRATION FEE. A health care employment
72	72	agency shall annually pay a separate $500 registration fee for each
73	73	place of business owned or operated by the agency at the time the
74	74	agency registers with the commission under Section 148.051.
75	75	Sec. 148.053. REGISTRATION CERTIFICATE. The commission
76	76	shall issue a separate registration certificate to each place of
77	77	business owned or operated by a health care employment agency that
78	78	satisfies the registration requirements under this subchapter.
79	79	SUBCHAPTER C. GENERAL DUTIES
80	80	Sec. 148.101. HEALTH CARE EMPLOYMENT AGENCY DUTIES RELATED
81	81	TO AGENCY EMPLOYEES. (a) A health care employment agency:
82	82	(1) shall ensure that each agency employee satisfies
83	83	the personnel qualifications applicable to the position for which
84	84	the employee is placed with a health care entity;
85	85	(2) shall maintain records documenting that each
86	86	agency employee meets minimum licensing, certification, training,
87	87	and continuing education requirements applicable to the position
88	88	for which the employee is placed with a health care entity;
89	89	(3) shall report, file, or otherwise provide to the
90	90	applicable regulatory authority any required documentation of an
91	91	agency employee that would otherwise be reported, filed, or
92	92	provided by a health care entity on behalf of the entity's
93	93	employees; and
94	94	(4) may not restrict in any manner, by contract or
95	95	otherwise, an agency employee's employment opportunities.
96	96	(b) A health care employment agency may not place an agency
97	97	employee with a health care entity if the agency knows the employee
98	98	illegally or fraudulently:
99	99	(1) obtained or misrepresented that the employee was
100	100	issued a diploma, registration, license, or certification; or
101	101	(2) misrepresented that the employee passed a
102	102	background check or presented false information to pass a
103	103	background check.
104	104	SUBCHAPTER D. ENFORCEMENT
105	105	Sec. 148.151. REGISTRATION DENIAL OR REVOCATION;
106	106	ADMINISTRATIVE PENALTY. (a) Except as provided by Subsection (b),
107	107	if a health care employment agency is found to have violated this
108	108	chapter or a rule adopted under this chapter, the commission shall:
109	109	(1) deny or revoke the agency's registration of each
110	110	place of business owned or operated by the health care employment
111	111	agency for a period of one year; and
112	112	(2) assess an administrative penalty against the
113	113	agency in the amount of:
114	114	(A) $500 for the first violation; and
115	115	(B) $5,000 for each subsequent violation.
116	116	(b) The commission may not assess an administrative penalty
117	117	against a health care employment agency under Subsection (a)(2) for
118	118	a violation of Section 148.101(b).
119	119	(c) The commission must provide 30 days' notice before
120	120	denying or revoking a health care employment agency's registration
121	121	under this section.
122	122	Sec. 148.152. HEALTH CARE EMPLOYMENT AGENCY PROHIBITED FROM
123	123	REGISTRATION. A health care employment agency that is subject to a
124	124	registration denial or revocation under this subchapter may not
125	125	register or renew the registration of another place of business
126	126	under Section 148.051 during the one-year period following the date
127	127	of the denial or revocation.
128	128	Sec. 148.153. COMPLAINT PROCESS. The commission shall:
129	129	(1) establish a system for the public to file
130	130	complaints against a health care employment agency or agency
131	131	employee;
132	132	(2) investigate complaints described by Subdivision
133	133	(1); and
134	134	(3) report the commission's findings to:
135	135	(A) the person who filed the complaint; and
136	136	(B) the health care employment agency that is the
137	137	subject of the complaint or that contracts with or employs the
138	138	agency employee that is the subject of the complaint, as
139	139	applicable.
140	140	SECTION 2. As soon as practicable after the effective date
141	141	of this Act, the executive commissioner of the Health and Human
142	142	Services Commission shall adopt rules as necessary to implement
143	143	Chapter 148, Health and Safety Code, as added by this Act.
144	144	SECTION 3. This Act takes effect immediately if it receives
145	145	a vote of two-thirds of all the members elected to each house, as
146	146	provided by Section 39, Article III, Texas Constitution. If this
147	147	Act does not receive the vote necessary for immediate effect, this
148	148	Act takes effect September 1, 2023.