may not bill or receive payments from a health care facility at
a rate higher than 150% of the sum of the average rate, plus a
factor to incorporate payroll taxes, for the health care
facility's location as determined under subsection (c).
(b) Determination of average rate.--The average rate shall
be determined by the department and reported on an annual basis.
A health care facility shall provide to the department
information necessary for the department to determine the
average rates for applicable regions of this Commonwealth.
(c) Standard.--The average rate for health care personnel
shall be established for each metropolitan statistical area of
the Department of Labor and Industry.
(d) Components of maximum rate.--The maximum rate shall
include all charges for administrative fees, contract fees or
other special charges, in addition to the hourly rate for the
health care personnel supplied to a health care facility.
(e) Payments by health care facility.--A health care
facility that pays for the actual travel and housing costs for
health care personnel at the health care facility and that pays
these costs to the temporary health care services agency, an
employee of the temporary health care services agency or another
vendor shall not be considered in violation of the limitation on
charges described in this section.
(f) Cost reports.--The department shall:
(1) Establish a system for each temporary health care
services agency to complete and file a cost report annually.
(2) Conduct annual audits of each cost report.
(g) Publication.--The department shall transmit notice to
the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin of the maximum rate established in this
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