| Summary |
The bill requires the department of public health and environment
(department) to license supplemental health-care staffing agencies
(staffing agencies) that employ nurses, nurse aids, physical and
occupational therapists, and physical therapist and occupational therapy
assistants (health-care workers). A staffing agency is defined as an entity
that employs health-care workers and, for a fee, assigns them to
temporary placements in nursing care facilities or assisted living
residences (health-care facilities) on a temporary basis for a fee. The bill
differentiates a staffing agency from a health-care worker platform where
health-care workers can be listed for hire by a health-care facility.
The bill includes qualifications for a license; criteria for applying
for a license and the related fee; and provisions for the issuance, renewal,
suspension, or revocation of the license.
On and after April 1, 2023, a person operating an unlicensed
staffing agency is guilty of a civil infraction and is subject to a fine and
may be subject to civil penalties.
The bill specifies minimum standards for staffing agencies as
established by the state board of health (state board) by rule. In part, the
minimum standards:
•
Require that a staffing agency maintain professional
liability insurance, workers' compensation insurance, and
a surety bond; and
•
Prohibit a staffing agency from restricting employment
opportunities of its health-care worker employees,
including a prohibition against requiring liquidated
damages, employment fees, or other compensation from
health-care workers, if the staffing agency employee is
hired as a permanent employee by the health-care facility.
A staffing agency shall check the credentials of health-care worker
employees and require a background check and a check of the Colorado
adult protective services (CAPS) database for employees.
The bill requires each staffing agency to report quarterly to the
department concerning the average amount charged for services to
health-care facilities and the average amount paid for those services. A
staffing agency that fails to report is subject to civil fines and suspension
or nonrenewal of its license.
By December 31, 2023, the department shall submit a report to
certain committees of the general assembly and to the governor
concerning the department's recommendations for caps or other
limitations on service rates and amounts charged to health-care facilities
for services provided by a staffing agency's health-care workers. In
formulating its recommendations, the department shall conduct a
stakeholder process with affected providers and agencies.
The bill requires the department to maintain a current list of
licensed staffing agencies and make the list publicly available on the
department's website.
The bill creates a cash fund for licensing fees and penalties.
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