N.Y. Pub. Health Law § 2999-kk

§ 2999-kk. Temporary health care services agencies; minimum standards.\n1. A temporary health care services agency shall appoint an\nadministrator qualified by training, experience or education to operate\nthe agency. Each separate agency location shall have its own\nadministrator.\n * 2. A temporary health care services agency shall maintain a written\nagreement or contract with each health care entity, which shall include,\nat a minimum:\n (a) The required minimum licensing, training, and continuing education\nrequirements for each individual engaged in a health care position.\n (b) Any requirement for minimum advance notice in order to ensure\nprompt arrival of individuals engaged to provide health care services.\n (c) The maximum rates that can be billed or charged by the temporary\nhealth care services agency pursuant to section twenty-nine hundred\nninety-nine-mm of this article and any applicable regulations.\n (d) The rates to be charged by the temporary health care services\nagency.\n (e) Procedures for the investigation and resolution of complaints\nabout the performance of temporary health care services agency\npersonnel.\n (f) Procedures for notice from health care entities of failure of\nindividuals engaged to provide health care services to report to an\nagreed upon scheduled shift.\n (g) Procedures for notice of actual or suspected abuse, theft,\ntampering or other diversion of controlled substances by medical\npersonnel.\n (h) The types and qualifications of individuals engaged to provide\nhealth care services available through the temporary health care\nservices agency.\n * NB Effective until May 28, 2027\n * 2. A temporary health care services agency shall maintain, and\nrequire subcontracting arrangements with other agencies to maintain, a\nwritten agreement or contract with each health care entity, which shall\ninclude, at a minimum:\n (a) The required minimum licensing, training, and continuing education\nrequirements for each individual engaged in a health care position.\n (b) Any requirement for minimum advance notice in order to ensure\nprompt arrival of individuals engaged to provide health care services.\n (c) The maximum rates that can be billed or charged by the temporary\nhealth care services agency pursuant to section twenty-nine hundred\nninety-nine-mm of this article and any applicable regulations.\n (d) The rates to be charged by the temporary health care services\nagency.\n (e) Procedures for the investigation and resolution of complaints\nabout the performance of individuals engaged to provide health care\nservices.\n (f) Procedures for notice from health care entities of failure of\nindividuals engaged to provide health care services to report to an\nagreed upon scheduled shift.\n (g) Procedures for notice of actual or suspected abuse, theft,\ntampering or other diversion of controlled substances by individuals\nengaged to provide health care services.\n (h) The types and qualifications of individuals engaged to provide\nhealth care services available through the temporary health care\nservices agency.\n * NB Effective May 28, 2027\n * 3. A temporary health care services agency shall submit to the\ndepartment copies of all contracts between the agency and a health care\nentity to which it assigns or otherwise connects individuals engaged to\nprovide health care services, and copies of all invoices to health care\nentities personnel. Executed contracts must be sent to the department\nwithin five business days of their effective date and are not subject to\ndisclosure under article six of the public officers law.\n * NB Effective until May 28, 2027\n * 3. A temporary health care services agency shall retain for six\nyears and make available to the department upon request copies of all\ncontracts between the agency or a third party with whom the agency is\nsubcontracting and a health care entity to which it assigns or otherwise\nconnects individuals engaged to provide health care services, and copies\nof all invoices to health care entities. Executed contracts submitted\nupon request to the department are not subject to disclosure under\narticle six of the public officers law.\n * NB Effective May 28, 2027\n 4. The commissioner may promulgate regulations to implement the\nrequirements of this section and to establish additional minimum\nstandards for the operation of temporary health care services agencies,\nincluding but not limited to pricing, fees, administrative costs,\nprofits, and business practices.\n 5. The commissioner may waive the requirements of this article during\na declared state or federal public health emergency.\n