Bill Text: IA SF327 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to health care employment agencies, health care employment agency workers, and health care entities, providing for the use of annual registration fees, and including retroactive applicability provisions.(Formerly SSB 1044.)
Spectrum: Committee Bill
Status: (Introduced) 2023-04-24 - Withdrawn. S.J. 937. [SF327 Detail]
Download: Iowa-2023-SF327-Introduced.html
Senate
File
327
-
Introduced
SENATE
FILE
327
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
SSB
1044)
A
BILL
FOR
An
Act
relating
to
health
care
employment
agencies,
health
1
care
employment
agency
workers,
and
health
care
entities,
2
providing
for
the
use
of
annual
registration
fees,
and
3
including
retroactive
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
135Q.1,
Code
2023,
is
amended
to
read
as
1
follows:
2
135Q.1
Definitions.
3
As
used
in
this
chapter
,
unless
the
context
otherwise
4
requires:
5
1.
“Department”
means
the
department
of
inspections
and
6
appeals.
7
2.
“Direct
services”
means
services
provided
to
consumers
8
through
person-to-person
contact.
“Direct
services”
excludes
9
services
performed
by
persons
in
a
health
care
entity
setting
10
that
do
not
involve
the
provision
of
any
service
or
treatment
11
to
a
consumer
of
a
health
care
entity.
“Direct
services”
does
12
not
include
the
practice
of
medicine
and
surgery
or
osteopathic
13
medicine
and
surgery
by
an
individual
licensed
under
chapter
14
148
or
the
practice
of
nursing
by
an
advanced
registered
nurse
15
practitioner
or
an
advanced
practice
registered
nurse
licensed
16
under
chapter
152
or
152E
.
17
3.
2.
“Health
care
employment
agency”
or
“agency”
means
an
18
agency
that
contracts
with
a
health
care
entity
in
this
state
19
to
provide
agency
workers
for
temporary
,
or
temporary-to-hire
,
20
direct
hire,
or
other
contract
or
employee
placements.
21
4.
3.
“Health
care
employment
agency
worker”
or
“agency
22
worker”
means
an
individual
who
contracts
with
or
is
employed
by
23
a
health
care
employment
agency
to
provide
direct
services
or
24
nursing
services
to
health
care
entity
consumers.
25
5.
4.
“Health
care
entity”
means
a
facility,
agency,
or
26
program
licensed
or
certified
facility,
organization,
or
agency
27
operated
to
provide
services
and
supports
to
meet
the
health
or
28
personal
care
needs
of
consumers
by
the
department
or
by
the
29
centers
for
Medicare
and
Medicaid
services
of
the
United
States
30
department
of
health
and
human
services
.
31
6.
5.
“Managing
entity”
means
a
business
entity,
32
owner,
ownership
group,
chief
executive
officer,
program
33
administrator,
director,
or
other
decision
maker
whose
34
responsibilities
include
directing
the
management
or
policies
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of
a
health
care
employment
agency.
“Managing
entity”
includes
1
an
individual
who,
directly
or
indirectly,
holds
a
beneficial
2
interest
in
a
corporation,
partnership,
or
other
business
3
entity
that
constitutes
a
managing
entity.
4
7.
6.
“Nursing
services”
means
those
services
which
may
be
5
provided
only
by
or
under
the
supervision
of
a
nurse.
“Nursing
6
services”
includes
services
performed
by
a
registered
nurse,
a
7
licensed
practical
nurse,
a
certified
nurse
aide,
a
certified
8
medication
aide,
a
home
health
aide,
a
medication
manager,
or
9
by
noncertified
or
nonlicensed
staff
providing
personal
care
10
as
defined
in
section
231C.2.
“Nursing
services”
does
not
11
include
the
practice
of
nursing
by
an
advanced
registered
nurse
12
practitioner
or
an
advanced
practice
registered
nurse
licensed
13
under
chapter
152
or
152E
.
14
Sec.
2.
Section
135Q.2,
subsections
1
and
3,
Code
2023,
are
15
amended
to
read
as
follows:
16
1.
A
health
care
employment
agency
operating
in
the
state
17
shall
register
annually
with
the
department.
Each
separate
18
location
of
a
health
care
employment
agency
shall
register
19
annually
with
and
pay
an
annual
registration
fee
of
five
20
hundred
dollars
to
the
department.
The
department
shall
issue
21
each
location
a
separate
certification
of
registration
upon
22
approval
of
registration
and
payment
of
the
fee.
The
annual
23
registration
fees
shall
be
retained
by
the
department
as
24
repayment
receipts
as
defined
in
section
8.2.
25
3.
a.
A
health
care
employment
agency
shall
not
do
any
of
26
the
following:
27
(1)
Restrict
in
any
manner
the
employment
opportunities
28
of
an
agency
worker
by
including
a
non-compete
clause
in
any
29
contract
with
an
agency
worker
or
health
care
entity.
30
(2)
In
any
contract
with
an
agency
worker
or
health
care
31
entity,
require
payment
of
liquidated
damages,
employment
fees,
32
or
other
compensation
if
the
agency
worker
is
subsequently
33
hired
as
a
permanent
employee
of
the
health
care
entity.
34
b.
This
subsection
shall
not
apply
to
a
contract
between
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a
health
care
employment
agency
and
an
agency
worker
or
a
1
health
care
entity
if
the
contract
meets
all
of
the
following
2
criteria:
3
(1)
The
contract
is
entered
into
for
the
purpose
of
placing
4
an
agency
worker
the
health
care
employment
agency
assisted
in
5
obtaining
authorization
to
work
in
the
United
States.
6
(2)
The
contract
contains
an
initial
duration
term
of
7
not
less
than
twenty-four
months
and
a
total
duration
term,
8
including
any
renewals
or
extensions,
of
not
more
than
9
thirty-six
months.
10
(3)
The
contract
requires
the
agency
worker
to
work
for
11
a
single
health
care
entity
for
the
entire
duration
of
the
12
contract.
13
b.
c.
Any
contract
that
violates
this
subsection
shall
be
14
unenforceable
in
court.
15
Sec.
3.
RETROACTIVE
APPLICABILITY.
This
Act
applies
16
retroactively
to
any
contract
between
a
health
care
employment
17
agency
and
an
agency
worker
or
health
care
entity
referred
to
18
under
section
135Q.2
that
was
entered
into
or
executed
on
or
19
after
January
1,
2019.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
health
care
employment
agencies,
health
24
care
employment
agency
workers,
and
health
care
entities
25
under
Code
chapter
135Q
(health
care
employment
agencies
and
26
workers).
27
The
bill
amends
the
current
Code
chapter
so
that
the
chapter
28
is
only
applicable
to
health
care
employment
agencies
and
29
agency
workers
who
provide
nursing
services
as
defined
in
the
30
bill.
31
The
bill
also
excludes
from
application
of
the
provisions
of
32
Code
section
135Q.2,
relating
to
a
contract
between
a
health
33
care
employment
agency
and
an
agency
worker
or
health
care
34
entity,
a
contract
between
a
health
care
employment
agency
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327
and
an
agency
worker
or
health
care
entity
if
the
contract
1
is
entered
into
for
the
purpose
of
placing
an
agency
worker
2
the
health
care
employment
agency
assisted
in
obtaining
3
authorization
to
work
in
the
United
States;
contains
an
initial
4
duration
term
of
not
less
than
24
months
and
a
total
duration
5
term,
including
any
renewals
or
extensions,
of
not
more
than
6
36
months;
and
requires
the
agency
worker
to
work
for
a
single
7
health
care
entity
for
the
entire
duration
of
the
contract.
8
The
bill
provides
that
the
registration
fees
collected
by
9
the
department
of
inspections
and
appeals
are
retained
by
the
10
department.
11
The
bill
applies
retroactively
to
any
contract
between
a
12
health
care
employment
agency
and
an
agency
worker
or
health
13
care
entity
referred
to
under
Code
section
135Q.2
that
was
14
entered
into
or
executed
on
or
after
January
1,
2019.
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