S-1469.1

SUBSTITUTE SENATE BILL 5547

BySenate Health & Long Term Care (originally sponsored by Senators Robinson, Muzzall, Hasegawa, and Mullet)

AN ACT Relating to transparency for nursing pools that provide health care personnel to hospitals and long-term care facilities; amending RCW 18.52C.030 and 18.52C.040; reenacting and amending RCW 18.52C.020; and adding a new section to chapter 18.52C RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 18.52C.020 and 2012 c 10 s 36 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Adult family home" means a residential home licensed pursuant to chapter 70.128 RCW.

(2) "Assisted living facility" means an assisted living facility licensed under chapter 18.20 RCW.

(4) "Health care facility" means a nursing home, hospital, hospice care facility, home health care agency, hospice agency, assisted living facility, group home, or other entity for the delivery of health care or long-term care services, including chore services provided under chapter 74.39A RCW.

(((3)))(5) "Health care personnel" means a registered nurse or licensed practical nurse as defined in chapter 18.79 RCW, a surgical technologist registered under chapter 18.215 RCW, a diagnostic radiologic technologist or cardiovascular invasive specialist certified under chapter 18.84 RCW, a respiratory care practitioner licensed under chapter 18.89 RCW, or a nursing assistant-certified as defined in RCW 18.88A.020 who is a temporary employee or a referred independent contractor of a nursing pool.

(8) "Nursing home" means any nursing home facility licensed pursuant to chapter 18.52 RCW.

(((4)))(9) "Nursing pool" means any person engaged in the business of providing, procuring, or referring health care or long-term care personnel for temporary employment in health care facilities, such as licensed nurses or practical nurses, nursing assistants, and chore service providers. "Nursing pool" does not include an individual who only engages in providing his or her own services. "Nursing pool" does not include a hospital, clinic, nursing home, assisted living facility, enhanced services facility, or an adult family home that provides temporary staffing to its own organization.

(((5)))(9) "Person" includes an individual, firm, corporation, partnership, or association.

(((6)))(10) "Secretary" means the secretary of the department of health.

Sec. 2. RCW 18.52C.030 and 1996 c 191 s 28 are each amended to read as follows:

(1) A person who operates a nursing pool shall register the pool with the secretary. Each separate location of the business of a nursing pool shall have a separate registration.

(3) The secretary shall establish administrative procedures, administrative requirements, and fees as provided in RCW 43.70.250 and 43.70.280. All fees or assessments levied by the state to cover the costs associated with this section shall be borne by the persons who operate nursing pools.

NEW SECTION.  Sec. 3. A new section is added to chapter 18.52C RCW to read as follows:

(1) Nursing pools operating in Washington state shall report to the secretary annually the following information, at a minimum, by county in which the health care or long-term care personnel performed the work and by type of hospital, nursing home, assisted living facility, enhanced services facility, or adult family home:

(a) The average amount charged by the nursing pool for health care or long-term care personnel by license type;

(b) The average amount paid by the nursing pool to health care or long-term care personnel by license type;

(c) The average amount of labor-related costs paid by the nursing pool by health care or long-term care personnel license type, such as payroll taxes, workers' compensation insurance, professional liability coverage, credentialing, and other employee-related costs;

(d) The number of placements made within 25 miles and 50 miles of the health care or long-term care personnel's residence as identified in their employee tax information; and

(e) The total number of placements made by the nursing pool.

(2) The secretary shall produce an annual report to be made available on the department of health's website. The annual report shall include, at a minimum, the following information by county in which the health care or long-term care personnel performed the work and by type of hospital, nursing home, assisted living facility, enhanced services facility, or adult family home:

(a) The average amount charged by nursing pools for health care or long-term care personnel by license type;

(b) The average amount paid by the nursing pool to health care or long-term care personnel by license type;

(c) The average amount of labor-related costs paid by the nursing pool by health care or long-term care personnel license type, such as payroll taxes, workers' compensation insurance, professional liability coverage, credentialing, and other employee-related costs;

(d) The number of placements made within 25 miles and 50 miles of the health care or long-term care personnel's residence as identified in their employee tax information; and

(e) The total number of placements made by each registered nursing pool.

Sec. 4. RCW 18.52C.040 and 1997 c 392 s 528 are each amended to read as follows:

(1) The nursing pool shall document that each ((temporary employee or referred independent contractor))health care or long-term care personnel provided or referred to health care facilities currently meets the applicable minimum state credentialing requirements including, but not limited to: Licensure, certification, training, health requirements, and continuing education standards, for the health care or long-term care personnel's position in the health care facility.

(2) The nursing pool shall not require, as a condition of employment or referral, that employees or independent contractors of the nursing pool recruit new employees or independent contractors for the nursing pool from among the permanent employees of the health care facility to which the nursing pool employee or independent contractor has been assigned or referred.

(3) The nursing pool shall carry professional and general liability insurance to insure against any loss or damage occurring, whether professional or otherwise, as the result of the negligence of its employees, agents or independent contractors for acts committed in the course of their employment with the nursing pool: PROVIDED, That a nursing pool that only refers self-employed, independent contractors to health care facilities shall carry professional and general liability insurance to cover its own liability as a nursing pool which refers self-employed, independent contractors to health care facilities: AND PROVIDED FURTHER, That it shall require, as a condition of referral, that self-employed, independent contractors carry professional and general liability insurance to insure against loss or damage resulting from their own acts committed in the course of their own employment by a health care facility.

(4) The nursing pool shall provide the nursing home, assisted living facility, enhanced services facility, or adult family home written notice, at least 90 days in advance, of contract changes including, but not limited to, availability or charges for services, items, or activities.

(7) The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of registration and the discipline of persons registered under this chapter. The secretary shall be the disciplinary authority under this chapter.

(((5)))(8) The nursing pool shall conduct a ((criminal)) background check on all ((employees and independent contractors))health care and long-term care personnel as required under RCW 43.43.842 and 74.39A.056, and an exclusion verification as required under 42 U.S.C. Sec. 1320a-7, prior to employment or referral of the ((employee or independent contractor))health care or long-term care personnel.

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