Bill Text: IA HF2521 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to health care employment agencies, and providing penalties. (Formerly HF 2371, HSB 638.) Effective date: 07/01/2022. Applicability date: 01/01/2019.
Spectrum: Committee Bill
Status: (Passed) 2022-05-17 - Signed by Governor. H.J. 877. [HF2521 Detail]
Download: Iowa-2021-HF2521-Enrolled.html
House
File
2521
-
Enrolled
House
File
2521
AN
ACT
RELATING
TO
HEALTH
CARE
EMPLOYMENT
AGENCIES,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
135Q.1
Definitions.
As
used
in
this
chapter,
unless
the
context
otherwise
requires:
1.
“Department”
means
the
department
of
inspections
and
appeals.
2.
“Direct
services”
means
services
provided
to
consumers
through
person-to-person
contact.
“Direct
services”
excludes
services
performed
by
persons
in
a
health
care
entity
setting
that
do
not
involve
the
provision
of
any
service
or
treatment
to
a
consumer
of
a
health
care
entity.
“Direct
services”
does
not
include
the
practice
of
medicine
and
surgery
or
osteopathic
medicine
and
surgery
by
an
individual
licensed
under
chapter
148
or
the
practice
of
nursing
by
an
advanced
registered
nurse
practitioner
or
an
advanced
practice
registered
nurse
licensed
under
chapter
152
or
152E.
3.
“Health
care
employment
agency”
or
“agency”
means
an
agency
that
contracts
with
a
health
care
entity
in
this
state
to
provide
agency
workers
for
temporary,
temporary-to-hire,
direct
hire,
or
other
contract
or
employee
placements.
House
File
2521,
p.
2
4.
“Health
care
employment
agency
worker”
or
“agency
worker”
means
an
individual
who
contracts
with
or
is
employed
by
a
health
care
employment
agency
to
provide
direct
services
or
nursing
services
to
health
care
entity
consumers.
5.
“Health
care
entity”
means
a
licensed
or
certified
facility,
organization,
or
agency
operated
to
provide
services
and
supports
to
meet
the
health
or
personal
care
needs
of
consumers.
6.
“Managing
entity”
means
a
business
entity,
owner,
ownership
group,
chief
executive
officer,
program
administrator,
director,
or
other
decision
maker
whose
responsibilities
include
directing
the
management
or
policies
of
a
health
care
employment
agency.
“Managing
entity”
includes
an
individual
who,
directly
or
indirectly,
holds
a
beneficial
interest
in
a
corporation,
partnership,
or
other
business
entity
that
constitutes
a
managing
entity.
7.
“Nursing
services”
means
those
services
which
may
be
provided
only
by
or
under
the
supervision
of
a
nurse.
“Nursing
services”
does
not
include
the
practice
of
nursing
by
an
advanced
registered
nurse
practitioner
or
an
advanced
practice
registered
nurse
licensed
under
chapter
152
or
152E.
Sec.
2.
NEW
SECTION
.
135Q.2
Health
care
employment
agency
requirements
——
registration
——
liability
——
penalties.
1.
A
health
care
employment
agency
operating
in
the
state
shall
register
annually
with
the
department.
Each
separate
location
of
a
health
care
employment
agency
shall
register
annually
with
and
pay
an
annual
registration
fee
of
five
hundred
dollars
to
the
department.
The
department
shall
issue
each
location
a
separate
certification
of
registration
upon
approval
of
registration
and
payment
of
the
fee.
2.
A
health
care
employment
agency
shall
do
all
of
the
following:
a.
Ensure
that
agency
workers
comply
with
all
applicable
requirements
relating
to
the
health
requirements
and
qualifications
of
personnel
in
health
care
entity
settings.
b.
Document
that
each
agency
worker
meets
the
minimum
licensing,
certification,
training,
and
health
requirements
and
the
continuing
education
standards
for
the
agency
worker’s
position
in
the
health
care
entity
setting.
House
File
2521,
p.
3
c.
Maintain
records
for
each
agency
worker
and
report,
file,
or
otherwise
provide
any
required
documentation
to
external
parties
or
regulators
which
would
otherwise
be
the
responsibility
of
the
health
care
entity
if
the
agency
worker
was
employed
by
the
health
care
entity.
d.
Maintain
professional
and
general
liability
insurance
coverage
with
minimum
per
occurrence
coverage
of
one
million
dollars
and
aggregate
coverage
of
three
million
dollars
to
insure
against
loss,
damage,
or
expense
incident
to
a
claim
arising
out
of
the
death
or
injury
of
any
person
as
the
result
of
negligence
or
malpractice
in
the
provision
of
services
by
the
agency
or
an
agency
worker.
3.
a.
A
health
care
employment
agency
shall
not
do
any
of
the
following:
(1)
Restrict
in
any
manner
the
employment
opportunities
of
an
agency
worker
by
including
a
non-compete
clause
in
any
contract
with
an
agency
worker
or
health
care
entity.
(2)
In
any
contract
with
an
agency
worker
or
health
care
entity,
require
payment
of
liquidated
damages,
employment
fees,
or
other
compensation
if
the
agency
worker
is
subsequently
hired
as
a
permanent
employee
of
the
health
care
entity.
b.
Any
contract
that
violates
this
subsection
shall
be
unenforceable
in
court.
4.
A
health
care
employment
agency
shall
submit
a
report
to
the
department
on
a
quarterly
basis
for
each
health
care
entity
participating
in
Medicare
or
Medicaid
with
whom
the
agency
contracts
that
includes
all
of
the
following
by
provider
type:
a.
A
detailed
list
of
the
average
amount
charged
to
the
health
care
entity
for
each
individual
agency
worker
category.
b.
A
detailed
list
of
the
average
amount
paid
by
the
agency
to
agency
workers
in
each
individual
agency
worker
category.
5.
a.
A
health
care
employment
agency
that
violates
subsection
1
or
subsection
2
is
subject
to
denial
or
revocation
of
registration
for
a
period
of
one
year
and
a
monetary
penalty
of
five
hundred
dollars
for
a
first
offense
and
five
thousand
dollars
for
each
offense
thereafter.
b.
A
health
care
employment
agency
that
violates
subsection
3
or
that
knowingly
provides
an
agency
worker
who
has
an
illegally
or
fraudulently
obtained
or
issued
diploma,
House
File
2521,
p.
4
registration,
license,
certification,
or
background
check
to
a
health
care
entity
is
subject
to
immediate
revocation
of
registration.
The
department
shall
notify
the
agency
thirty
days
in
advance
of
the
date
of
such
revocation.
c.
(1)
The
managing
entity
of
an
agency
for
which
registration
has
been
denied
or
revoked
under
this
subsection
shall
not
be
eligible
to
apply
for
or
be
granted
registration
for
another
agency
during
the
two-year
period
following
the
date
of
the
denial
or
revocation.
(2)
The
department
shall
not
approve
a
new
registration
or
renew
an
existing
registration
for
any
agency
for
which
the
managing
entity
is
also
the
managing
entity
of
an
agency
for
which
registration
has
been
denied
or
revoked
during
the
two-year
period
in
which
registration
of
the
violating
agency
is
denied
or
revoked.
6.
The
department
shall
establish
a
system
for
members
of
the
public
to
report
complaints
against
an
agency
or
agency
worker.
The
department
shall
investigate
any
complaint
received
and
shall
report
the
department’s
findings
to
the
complaining
party
and
the
agency
involved.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2521,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor