SB 3775

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 can 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) in the aggregate 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 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 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 are 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. Senate Floor Amendment No. 2 Deletes reference to: 225 ILCS 510/4 from Ch. 111, par. 954 225 ILCS 510/8 from Ch. 111, par. 958 Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Defines "add-on charges" and "administrative fee". Provides that references to the Department means the Department of Labor (instead of the Department of Public Health). Provides that collected fees shall be used by the Department for the enforcement of the Act (rather than deposited in the State treasury and credited to the Nursing Dedicated and Professional Fund). Provides that prior to employing, assigning, or referring a certified nurse aide to a position at a health care employer or long-term facility, the nurse agency shall review the information provided on the Health Care Worker Registry to verify that the certified nurse aide is not ineligible for the position. Includes additional minimal standards for the operation of nurse agencies. Provides that in the development of rules to monitor usage of nurse agency services, the Department may consult with the Department of Public Health to ensure the rules will determine the quality of care and public health impacts of the usage of nurse agency services. Provides that the nurse agency's administrative fee shall not exceed 50% (instead of 130%) of the hourly wage and any add-ons paid to the employee. Removes provisions that provide that the Department shall use and publish the most current median hourly wage data reported by the United States Department of Labor Bureau of Labor Statistics. Provides that complaints against a nurse agency shall be investigated by the Department (instead of the Department of Public Health). Makes other changes.