Revision: Jan. 19, 2023, 5:07 p.m.
SB 149-FN - AS INTRODUCED
2023 SESSION
23-1035
09/04
SENATE BILL 149-FN
AN ACT relative to nurse agencies.
SPONSORS: Sen. Rosenwald, Dist 13; Sen. Fenton, Dist 10; Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Sen. Altschiller, Dist 24; Sen. Chandley, Dist 11; Sen. Prentiss, Dist 5; Sen. D'Allesandro, Dist 20; Rep. N. Murphy, Hills. 12; Rep. M. Murray, Hills. 37; Rep. Bouldin, Hills. 25
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill establishes a licensing and application process for nurse agencies.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-1035
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to nurse agencies.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Nurse Agency Licensing. Amend RSA 151 by inserting after section 53 the following new subdivision:
Nurse Agency Licensing
151:54 Definition. In this subdivision "nurse agency" means any individual, firm, corporation, partnership or other legal entity that employs, assigns or refers nurses or licensed nursing assistants to a health care facility on a per diem or temporary basis for a fee. The term "nurse agency" shall not include services provided by home health agencies licensed and operated under RSA 151:2-b, any entity wholly owned by a health care facility or facilities separately licensed under this chapter, nor shall it include any individual offering only his or her services.
151:55 Nurse Agency License Applications.
I. Beginning January 1, 2024, a nurse agency seeking to do business in the state shall submit an application to the department on forms provided by the department.
II. The department shall create and make available a standard nurse agency licensing application form.
III. An application fee of $500 shall accompany each application, payable to the department.
IV. All applicants shall certify in writing, under oath, that their application is complete and accurate.
V. Any applicant who submits false or misleading information to the department shall be punished by a fine not to exceed $500, and the revocation of the applicant's license.
VI. A separate license shall be obtained for each location from which a nurse agency operates, unless the agency is owned and managed by the same person.
151:56 Quarterly Reports.
I. A nurse agency shall submit a report quarterly to the department for each health care facility with whom the agency contracts that includes all of the following by provider type and county in which the work was performed:
(a) A list of the average amount charged to the health care facility for each licensed individual employee category;
(b) A list of the average amount paid by the agency to employees in each licensed individual employee category; and
(c) A list of the average amount of labor-related costs paid by the agency for each licensed individual employee category, including payroll taxes, workers' compensation insurance, professional liability coverage, credentialing and testing, and other employee related costs;
II. The department shall publish by county in which the work was performed the average amount charged to the health care facilities by nurse agencies for each licensed individual worker category and the average cost incurred by the agency for each licensed individual worker category. This information will not be identifiable to any individual nurse agency or health care facility.
151:57 Contracts Between Nurse Agencies and Health Care Facilities.
I. A contract entered into on or after the effective date of this subdivision between the nurse agency and health care facility shall contain the following provisions:
(a) A full disclosure of charges and compensation. The disclosure shall include a schedule of all hourly bill rates per category of employee, a full description of administrative charges, and a schedule of rates of all compensation per category of employee, including, but not limited to, average hourly regular pay rate, pay incentives or differentials, including but not limited to, shift differential, weekend differential, hazard pay, charge nurse add-on, overtime, holiday pay, and travel or mileage pay.
II. Nurse agencies shall not commit the services of a single nurse or licensed nursing assistant to more than one health care facility for the same time period or shift and canceling a commitment to a facility, or compel that facility to bid again for services already promised it, for such a reason.
III. Nurse agencies shall not recruit potential employees on the premises of a health care facility.
151:58 Rulemaking. The department shall adopt rules, pursuant to RSA 541-A, relative to the necessary forms, application procedures and fees, licensing procedures, and approvals required under this subdivision.
2 Effective Date. This act shall take effect 60 days after its passage.
23-1035
1/17/23
SB 149-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to nurse agencies.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.
AGENCIES CONTACTED:
Department of Health and Human Services