PRINTER'S NO. 1475
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1117
Session of
2024
INTRODUCED BY J. WARD, LAUGHLIN AND BAKER, APRIL 2, 2024
REFERRED TO HEALTH AND HUMAN SERVICES, APRIL 2, 2024
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
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," in temporary health care services
agencies, further providing for definitions, for registration
generally and for conditions of registration.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "health care facility" and
"temporary health care services agency" in section 801-B of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act, added November 3, 2022 (P.L.1938, No.128), are
amended to read:
Section 801-B. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Health care facility." [Any of the following:
(1) A long-term care nursing facility as defined in
section 802.1.
(2) A personal care home or an assisted living
residence, licensed by the Department of Human Services under
the act of June 13, 1967 (P.L.31, No.21), known as the Human
Services Code.] As defined in section 103.
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"Temporary health care services agency." As follows:
(1) A person engaged for hire in the business of
providing or procuring temporary employment in health care
facilities for health care personnel[.], including an entity
that utilizes applications or other technology-based
solutions to provide or procure temporary employment of
health care personnel in health care facilities.
(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 2. Section 802-B(b)(1) of the act, added November 3,
2022 (P.L.1938, No.128), is amended to read:
Section 802-B. Registration generally.
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(b) Forms.--The department shall establish forms and
procedures for processing each application under subsection (a).
The following apply:
(1) The application shall include at least the
following:
(i) The names and addresses of each person having an
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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
application.]
(iii) Proof of insurance coverage for workers'
compensation for all health care personnel provided or
procured by the temporary health care services agency.
(iv) Proof of a dishonesty bond for each employee in
the amount of $10,000.
(v) Proof of medical malpractice insurance of not
less than $500,000.
(vi) Any other relevant information that the
department determines necessary to properly evaluate the
application.
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Section 3. Section 803-B(a) of the act is amended by adding
a paragraph to read:
Section 803-B. Conditions of registration.
(a) Requirements generally.--A temporary health care
services agency:
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(10) Shall only utilize employees of the temporary
health care services agency when placing health care
personnel in health care facilities. The temporary health
care services agency shall be responsible for providing all
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employee benefits to its health care personnel.
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Section 4. This act shall take effect in 60 days.
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