HB4666: FUNERAL DIRECTOR-VARIOUS

Legislative Summary

Amends the Nurse Agency Licensing Act. Defines "covenant not to compete" and "employee". Changes the definitions of "health care facility" and "nurse". Provides that an application for licensure shall contain evidence of general and professional liability insurance (rather than only professional liability insurance) in the amount of at least $1,000,000 (instead of $500,000) per incident and $3,000,000 (instead of $1,000,000) in the aggregate and workers' compensation coverage (rather than only in the aggregate). Provides that for the renewal of a license, the licensee shall also submit an attestation detailing specified information. Provides that prior to employing, assigning, or referring a certified nurse aide to a position at a health care employer or long-term facility, the nurse agency shall review the information provided on the Health Care Worker Registry to verify that the certified nurse aide is not ineligible for the position. Provides that knowingly employing, assigning, or referring to a health care facility a nurse or certified nurse aid with an illegally or fraudulently obtained or issued diploma, registration, license, certificate, or background study constitutes negligent hiring and is a violation of the Act. Changes the minimum standards for the operation of nurse agencies. Provides that no less than 100% of the nurse or certified nurse aide hourly rate shall be paid to the nurse or certified nurse aide employee. Provides that nurse agencies are prohibited from entering into covenants not to compete with nurses and certified nurse aides. Provides that a nurse agency shall submit a report quarterly to the Department of Financial and Professional Regulation for each health care entity with whom the agency contracts. Provides that the Department of Financial and Professional Regulation shall publish on its website the reports yearly by county. Provides that the Department of Labor shall compel production of the maintained records by the nurse agencies. Provides that the Department of Financial and Professional Regulation shall establish a system of reporting complaints against a health care staffing agency. Provides that the Department of Financial and Professional Regulation shall publish on its website how an interested party may submit a complaint of a violation of the Act to the Department of Financial and Professional Regulation. Provides that complaints against a nurse agency shall be investigated by the Department of Labor. Increases the civil penalty for violation of the Act to $10,000 per occurrence (currently $1,000 per day for each violation). Provides that any nurse staffing agency that has been found not to have paid an employee 100% of the hourly wage rate identified in the contract shall be liable to the employee for the actual amount of the underpayment, plus damages of 5% of the amount of the underpayment. Provides that a contract entered into on or after the effective date of the amendatory Act between the nurse agency and health care facility must contain specified provisions. Provides that a party's failure to comply with the requirements of the provisions concerning a contract between a nurse agency and a health care facility shall be a defense to the enforcement of a contract between a nurse agency and a health care facility. Provides that a prevailing party may recover specified damages, specified fees and costs, and other relief for each violation. Makes other changes. Makes a corresponding change in the Freedom of Information Act. Effective July 1, 2022.