Bill Text - SB149 (2023)

Relative to nurse agencies.


Revision: April 4, 2023, 10:36 a.m.

SB 149-FN - AS AMENDED BY THE SENATE

 

03/16/2023   0852s

03/16/2023   1013s

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/16/2023   0852s

03/16/2023   1013s 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 Registration.  Amend RSA 326-B by inserting after section 46 the following new subdivision:

Nurse Agency Registration

326-B:47  Definitions.  In this subdivision:

I.  "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" includes an agency that employs, assigns, or refers such personnel through the use of apps or other technology based solutions or platforms.  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 RSA 151, nor shall it include any individual offering only his or her services.

II.  "Director" means the executive director of the office of professional licensure and certification.

326-B:48  Nurse Agency Registration Applications.

I.  Beginning January 1, 2024, a nurse agency seeking to do business in the state shall submit an application to the office of professional licensure and certification.

II.  The director shall adopt rules, pursuant to RSA 541-A, relative to the registration application form and content, and the registration application procedures.

III.  An application fee in accordance with rules adopted by the office of professional licensure and certification, pursuant to RSA 541-A.  All applicants shall certify in writing, under oath, that their application is complete and accurate.  

IV.  Any applicant who, after notice and hearing, is found to have submitted false or misleading information to the office shall be punished by a fine, pursuant to RSA 541-A, and the revocation or suspension of the applicant's registration.

V.  After notice and hearing the director may revoke or suspend any registration issued under this subdivision if the registrant:

(a)  Is found to have violated any requirement or rule under this subdivision and fails to cure such violation within a reasonable time prescribed by the director following such finding;

(b)  Willfully and without justification fails to respond to any lawful inquiry of the director after reasonable notice; or

(c)  Is under a suspension or revocation of a registration, similar to one issued under this subdivision, in another jurisdiction and is not reinstated.

326-B:49  Contracts Between Nurse Agencies and Health Care Facilities.

I.  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 cancel a commitment to a facility, or compel that facility to bid again for services already promised it, for such a reason.

II.  Nurse agencies shall not recruit potential employees on the premises of a health care facility.

III.  Nurse agencies may not charge a health care facility a higher amount based upon the presence in that facility of a communicable virus, except in the case of a state or local declaration of a public health emergency.

IV.  Nurse agencies may not facilitate the placement of any licensed professional with a license that is suspended.

326-B:50  Rulemaking.  The executive director of the office of professional licensure and certification shall adopt rules, pursuant to RSA 541-A, relative to the necessary forms, application procedures, and fees required under this subdivision.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

23-1035

Amended 4/3/23

 

SB 149-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENTS #2023-0852s and #2023-1013s)

 

AN ACT relative to nurse agencies.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - OPLC Fund

 

 

 

 

 

METHODOLOGY:

This bill establishes a licensing and application process for nurse agencies within the Office of Professional Licensure and Certification.

 

The Office of Professional Licensure and Certification (OPLC) states they are unable to calculate a fiscal impact for the bill as they are not able to determine how many nurse agencies will apply for the license, the cost of the registration fee or the staff time required to review and process the applications.  However, there will be an indeterminable increase in revenue for the registration fees onces the fees are set in rules and there will be an indeterminable increase in expenditures for processing the licenses.  The General Fund will only be impacted to the extent it reduces or increase the biennial lapse of the OPLC Fund into the General Fund.   

 

The OPLC also states there are several areas of the bill requiring some clarification:

  • First, this bill expands OPLC's scope operations by requiring OPLC to oversee business operations and requiring OPLC to decide on contract disputes between nurse agencies and health care facilities.
  • Secondly, OPLC states it appears some of the references to statutes, such as rulemaking authority, fee setting authority, penalty and fine assessments and notice and hearings, seem out of context and do not necessarily align with current practices of OPLC statutes.  

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification