N.Y. Pub. Health Law § 2999-mm

* § 2999-mm. Rates for temporary health care services; reports. A\ntemporary health care services agency shall report quarterly to the\ndepartment a full disclosure of charges and compensation, including a\nschedule of all hourly bill rates per category of health care personnel,\na full description of administrative charges, and a schedule of rates of\nall compensation per category of health care personnel including, but\nnot limited to:\n 1. hourly regular pay rate, shift differential, weekend differential,\nhazard pay, charge nurse add-on, overtime, holiday pay, travel or\nmileage pay, and any health or other fringe benefits provided;\n 2. the percentage of health care entity dollars that the agency\nexpended on temporary personnel wages and benefits compared to the\ntemporary health care services agency's profits and other administrative\ncosts;\n 3. a list of the states and zip codes of their health care personnels'\nprimary residences;\n 4. the names of all health care entities they have contracted within\nNew York state;\n 5. the number of health care personnel of the temporary health care\nservices agency working at each entity; and\n 6. any other information prescribed by the commissioner.\n * NB Effective until May 28, 2027\n * § 2999-mm. Rates for temporary health care services; reports. 1. A\ntemporary health care services agency shall report quarterly to the\ndepartment a full disclosure of charges and compensation, including a\nschedule of all hourly bill rates per category of individuals engaged to\nprovide health care services, a full description of administrative\ncharges, and a schedule of rates of all compensation per category of\nindividuals engaged to provide health care services including, but not\nlimited to:\n (a) hourly regular pay rate, shift differential, weekend differential,\nhazard pay, charge nurse add-on, overtime, holiday pay, travel or\nmileage pay, and any health or other fringe benefits provided;\n (b) the percentage of health care entity dollars that the agency\nexpended on compensation, including, as applicable, benefits, to\nindividuals engaged to provide health care services compared to the\ntemporary health care services agency's profits and other administrative\ncosts;\n (c) a list of the states and zip codes of the primary residences of\nindividuals engaged to provide health care services;\n (d) the names of all health care entities they or a third party with\nwhom the agency is subcontracting have contracted within New York state;\n (e) the number of individuals engaged to provide health care services\nby the temporary health care services agency working at each entity; and\n (f) any other information prescribed by the commissioner.\n 2. The commissioner is hereby authorized to promulgate regulations to\nestablish, monitor, and enforce a limitation on the amount that\ntemporary health care services agencies or certain types or classes of\nsuch agencies may retain as profit from providing, procuring, or\nenabling health care entities to engage an individual to provide health\ncare services, which for the purposes of this section shall be referred\nto as the "agency rate." In setting one or more agency rates, which can\nbe expressed as a percentage or in another manner as determined by the\ndepartment, the department shall take into consideration factors\nincluding but not limited to the ability to maintain sufficient staffing\nof the health care workforce, whether on a contract or permanent basis\nand across the range of needed professional titles and roles, in all\ngeographic areas across the state. The department shall also engage in a\nperiodic reassessment of any agency rates to ensure that they reflect\ncurrent conditions and remain effective.\n 3. The commissioner shall publish guidelines establishing the forms\nand procedures for verification of compliance with an agency rate. In\naddition, a temporary health care services agency shall retain for six\nyears and make available to the department upon request copies of all\ncontracts, invoices, records, payroll information, and other documents\nnecessary to determine compliance with the agency rate. The department\nis authorized to conduct audits of temporary health care services\nagencies as well as targeted investigations based on complaints or\natypical reporting patterns.\n 4. Nothing in this article shall displace any generally applicable law\nrelevant to temporary health care services agencies, including but not\nlimited to sections three hundred forty-nine and three hundred\nninety-six-r of the general business law.\n * NB Effective May 28, 2027\n