PRINTER'S NO. 2687

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2293

Session of

2022

INTRODUCED BY BONNER, RAPP, EMRICK, B. MILLER, THOMAS, ZIMMERMAN

AND MENTZER, JANUARY 27, 2022

REFERRED TO COMMITTEE ON HEALTH, JANUARY 27, 2022

Policy Board in the Department of Health, and State Health

Facility Hearing Board in the Department of Justice;

providing for certification of need of health care providers

and prescribing penalties," providing for temporary health

care services agencies.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of July 19, 1979 (P.L.130, No.48), known

as the Health Care Facilities Act, is amended by adding a

chapter to read:

"Controlling person." Any of the following:

(1) A business entity, officer, program administrator or

director whose responsibilities include the direction of the

management of policies of a temporary health care services

agency.

(2) An individual who, directly or indirectly,

beneficially owns an interest in a corporation, partnership,

or other business association that is a controlling person.

"Health care facility." Any of the following:

(1) A long-term care nursing facility as defined in

section 802.1.

June 9, 1997 (P.L.169, No.14), known as the Nurse Aide

Resident Abuse Prevention Training Act.

(2) A registered nurse as defined in 49 Pa. Code § 21.1

(relating to definitions).

(3) An LPN as defined in 49 Pa. Code § 21.141 (relating

to definitions).

(4) A direct care staff person as defined in 55 Pa. Code

§ 2600.4 (relating to definitions).

"Person." An individual, firm, corporation, partnership, or

association.

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(1) A person engaged for hire in the business of

providing or procuring temporary employment in health care

facilities for health care personnel.

(2) The term does not include an individual who only

engages on the individual's own to provide services on a

temporary basis to health care facilities or a home health

care agency licensed under 28 Pa. Code Ch. 601 (relating to

home health care agencies).

Section 802-A. Registration generally.

(a) Requirement.--A person that operates a temporary health

following:

(i) The names and addresses of each person having an

ownership interest in the temporary health care services

agency.

(ii) If the owner is a corporation, copies of the

articles of incorporation or articles of association and

current bylaws, together with the names and addresses of

officers and directors.

(iii) Any other relevant information that the

department determines necessary to properly evaluate the

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to the department upon request, except for those records

subject to confidentiality protection under Federal and State

law.

(c) Fees.--The department shall establish a registration fee

for an application under subsection (a) of not less than $1,000

annually to meet the necessary expenses of the department for

the administration of this chapter.

(d) Failure to register.--If a temporary health care

services agency fails to provide the items required in this

section to the department:

registration issued by the department according to this section

shall be effective for a period of one year from the date of its

issuance unless:

(1) the registration has been revoked or suspended, in

accordance with this section; or

(2) the temporary health care services agency is sold or

ownership or management is transferred, in which case the

registration shall be voided, but the new owner or operator

of the temporary health care services agency may apply for a

new registration.

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any temporary health care personnel are supplied

documentation that each temporary employee meets all

licensing or certification, training and continuing education

standards for the position in which the temporary employee

will be working.

(2) Shall comply with all pertinent requirements

relating to the health and other qualifications of personnel

employed in health care facilities.

(3) May not restrict in any manner the employment

opportunities of its employees. This requirement shall also

employee, agent or contractor of the temporary health care

services agency.

(5) Shall carry for each employee a dishonesty bond in

the amount of $10,000.

(6) Shall maintain insurance coverage for workers'

compensation for all health care personnel provided or

procured by the temporary health care services agency.

(7) Shall file with the Department of Revenue the name

and address of the bank, savings bank or savings association

in which the temporary health care services agency deposits

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the temporary health care services agency.

(8) Shall retain all records for 10 calendar years in a

manner to allow the records to be immediately available to

the department for inspection to determine compliance with

this chapter.

(9) Shall provide health care facilities with proof of

applicable criminal records checks for each temporary

employee consistent with their regulatory requirements.

(b) Supplemental requirements.--The requirements under

subsection (a) may be supplemented by rules or regulations

(a) Maximum rate.--A temporary health care services agency

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.

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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.

Pennsylvania Bulletin of the maximum rate established in this

section.

(h) Penalty.--A temporary health care services agency that

has violated this section shall be subject to a fine equal to

200% of the amount billed or received in excess of the maximum

rate permitted under this section.

Section 805-A. Oversight.

(a) Oversight by department.--The department shall provide

oversight of temporary health care services agencies through

complaint investigations and other actions necessary to ensure

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member of the public.

(c) Administrative procedure.--The registration of a

temporary health care services agency may not be revoked without

a hearing held as a contested case before the department's

Bureau of Facility Licensure and Certification. The following

apply:

(1) If a controlling person has been notified by the

department that the temporary health care services agency

will not receive an initial registration or that a renewal of

that registration has been denied, the controlling person, or

because of noncompliance with this chapter until at least

five years have elapsed following the effective date of the

nonrenewal or revocation.

Section 806-A. Reports.

The department shall report annually on the progress in

implementing and administering this chapter. Each report shall

be submitted to the chairperson and minority chairperson of the

Health and Human Services Committee of the Senate and the

chairperson and minority chairperson of the Health Committee of

the House of Representatives.

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