HB 4658

Abstract

Amends the Nurse Agency Licensing Act. Defines "covenant not to compete". Changes the definition of "Department" to the Department of Public Health (rather than the Department or Labor). Changes the definitions of "health care facility" and "nurse". Provides that in an application for licensure under the Act: a limited liability company may apply; evidence of general professional liability insurance in the amount of at least $1,000,000 (instead of $500,000) is required per incident and $3,000,000 (instead of $1,000,000) is required for workers' compensation coverage; and there is an application fee of $2,000. Provides that collected fees shall be deposited in the State treasury and credited to the Nursing Dedicated and Professional Fund. Provides that for the renewal of licensure, the licensee shall submit an attestation detailing the number of contracted shifts, number of shifts missed, and number of shifts fulfilled for the 3 quarters preceding the application. Provides that an application for a license may be denied for the failure to develop and implement contingency staffing plans to minimize missed shifts. Provides that nurse agencies who knowingly employ, assign, or refer to a health care facility a nurse or certified nurse aid with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, or background study constitutes negligent hiring and is grounds for suspension, revocation, or refusal to issue or renew a license. Provides that the Department shall establish updated minimum standards. Provides that nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides. Provides that a nurse agency's maximum rate for services provided to a health care facility by a nurse or certified nurse aide may not exceed 130% of the regional average hourly wage for each staffing position. Provides that the Department shall establish a system of reporting complaints against a health care staffing agency or its employees. Increases the civil penalty for violation of the Act to $10,000 per occurrence (currently $1,000 per day for each violation). Makes other changes.