HB 1332

Bill Subjects

Abstract

Provides that an employment agency (agency) commits price gouging if an agency's charge is in excess of three times the fair market value of the health care services of a health care employee or temporary worker. Raises the surety bond for an agency from $1,000 to $10,000. Raises the annual licensing fee for an agency from $150 to $200. Includes violation of laws by the agency as a reason to deny the issuance of an agency's license. Specifies that the filing of a list of fees, charges, and commissions does not cause the fees, charges, or commissions to be reasonable or conscionable. Prohibits an agency that contracts for services with a health care provider employer from charging fees, charges, or commissions in excess of three times the fair market value of the health care services rendered by the agency or by an applicant referred by the agency. Requires the agency to keep certain records for five years rather than two. Specifies that fees that are paid are not refundable. Amends the definition of "employment agency" to include the temporary performance of services. Prohibits an agency from giving false information or making a false representation to an employer regarding an applicant or the applicant's qualifications to provide service to the employer. Establishes the following requirements on an agency: (1) Timely billing to a health care provider employer. (2) Providing certain information on an employee's qualifications to a health care provider employer. (3) Requiring compliance with requirements relating to the qualifications of personnel employed. (4) Prohibiting the agency from restricting employment opportunities of its personnel. (5) Prohibiting the agency from recruiting employees of a health care provider to which the agency supplies personnel. (6) Requires the agency to reimburse a health care provider employer for fines for violations by the agency or an employee or personnel of the agency in the provision of health care services. (7) Prohibits an agency's contract with an employee or health care provider employer from requiring payment of liquidated damages, employment fees, or other compensation if the employee is hired as a permanent employee of the health care provider employer. Allows an applicant or employer to report an agency's violation and allows the applicant and employer a private right of action. Raises the fee for a conviction from $10 to $1,000. Allows the office of the attorney general to investigate and prosecute complaints. Provides that the division of consumer protection is responsible for the investigation of complaints. Specifies the procedures for investigating complaints against an agency. Requires an agency to: (1) screen prospective employees; (2) conduct background checks on employees before they work for a health care provider; (3) complete an employee performance review; (4) provide health care providers with certain information on the employees; and (5) annually submit a report. Makes conforming and stylistic changes, and removes obsolete language.