Bill Text: TX HB4146 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the regulation of health care employment agencies; authorizing a fee; providing an administrative penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-10 - Committee report sent to Calendars [HB4146 Detail]
Download: Texas-2023-HB4146-Comm_Sub.html
88R6329 EAS-F | ||
By: Clardy | H.B. No. 4146 |
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relating to the regulation of health care employment agencies; | ||
authorizing a fee; providing an administrative penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle G, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 148 to read as follows: | ||
CHAPTER 148. HEALTH CARE EMPLOYMENT AGENCIES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 148.001. DEFINITIONS. In this chapter: | ||
(1) "Agency employee" means an individual who | ||
contracts with or is employed by a health care employment agency to | ||
provide a direct health care service or nursing service to health | ||
care entity patients. | ||
(2) "Direct health care service" means a health care | ||
service provided in person to a health care entity patient. The | ||
term does not include the practice of medicine, the practice of | ||
osteopathic medicine, or the practice of nursing by an advanced | ||
practice registered nurse. | ||
(3) "Health care employment agency" means an agency | ||
that contracts with a health care entity to provide to a person, | ||
firm, corporation, partnership, or association agency employees | ||
for temporary employment, temporary-to-hire employment, | ||
direct-hire employment, or any other contract or employee placement | ||
type. | ||
(4) "Health care entity" means: | ||
(A) an ambulatory surgical center licensed under | ||
Chapter 243; | ||
(B) an assisted living facility licensed under | ||
Chapter 247; | ||
(C) an emergency medical services provider | ||
licensed under Chapter 773; | ||
(D) a health services district created under | ||
Chapter 287; | ||
(E) a home and community support services agency | ||
licensed under Chapter 142; | ||
(F) a person licensed under Chapter 142 to | ||
provide hospice services, as defined by Section 142.001; | ||
(G) a hospital licensed under Chapter 241; | ||
(H) a system of hospitals and other health care | ||
providers located in this state that are under the common | ||
governance or control of a corporate parent; | ||
(I) an intermediate care facility licensed under | ||
Chapter 252; | ||
(J) a home and community-based services waiver | ||
program for individuals with an intellectual disability adopted in | ||
accordance with Section 1915(c) of the federal Social Security Act | ||
(42 U.S.C. Section 1396n(c)), as amended; | ||
(K) a nursing home licensed under Chapter 242; or | ||
(L) an end stage renal disease facility licensed | ||
under Chapter 251. | ||
(5) "Nursing service" means a health care service that | ||
may only be provided by or under the supervision of a nurse licensed | ||
under Chapter 301, Occupations Code. The term does not include the | ||
practice of nursing by an advanced practice registered nurse. | ||
Sec. 148.002. RULES. The executive commissioner shall | ||
adopt rules to implement this chapter. | ||
SUBCHAPTER B. REGISTRATION REQUIREMENTS | ||
Sec. 148.051. ANNUAL REGISTRATION REQUIRED. A health care | ||
employment agency: | ||
(1) shall annually register each place of business | ||
owned or operated by the agency with the commission in accordance | ||
with this subchapter; and | ||
(2) may not establish or operate a place of business | ||
described by Subdivision (1) unless the person registers the place | ||
of business with the commission in accordance with this subchapter. | ||
Sec. 148.052. REGISTRATION FEE. A health care employment | ||
agency shall annually pay a separate $500 registration fee for each | ||
place of business owned or operated by the agency at the time the | ||
agency registers with the commission under Section 148.051. | ||
Sec. 148.053. REGISTRATION CERTIFICATE. The commission | ||
shall issue a separate registration certificate to each place of | ||
business owned or operated by a health care employment agency that | ||
satisfies the registration requirements under this subchapter. | ||
SUBCHAPTER C. GENERAL DUTIES | ||
Sec. 148.101. HEALTH CARE EMPLOYMENT AGENCY DUTIES RELATED | ||
TO AGENCY EMPLOYEES. (a) A health care employment agency: | ||
(1) shall ensure that each agency employee satisfies | ||
the personnel qualifications applicable to the position for which | ||
the employee is placed with a health care entity; | ||
(2) shall maintain records documenting that each | ||
agency employee meets minimum licensing, certification, training, | ||
and continuing education requirements applicable to the position | ||
for which the employee is placed with a health care entity; | ||
(3) shall report, file, or otherwise provide to the | ||
applicable regulatory authority any required documentation of an | ||
agency employee that would otherwise be reported, filed, or | ||
provided by a health care entity on behalf of the entity's | ||
employees; and | ||
(4) may not restrict in any manner, by contract or | ||
otherwise, an agency employee's employment opportunities. | ||
(b) A health care employment agency may not place an agency | ||
employee with a health care entity if the agency knows the employee | ||
illegally or fraudulently: | ||
(1) obtained or misrepresented that the employee was | ||
issued a diploma, registration, license, or certification; or | ||
(2) misrepresented that the employee passed a | ||
background check or presented false information to pass a | ||
background check. | ||
SUBCHAPTER D. ENFORCEMENT | ||
Sec. 148.151. REGISTRATION DENIAL OR REVOCATION; | ||
ADMINISTRATIVE PENALTY. (a) Except as provided by Subsection (b), | ||
if a health care employment agency is found to have violated this | ||
chapter or a rule adopted under this chapter, the commission shall: | ||
(1) deny or revoke the agency's registration of each | ||
place of business owned or operated by the health care employment | ||
agency for a period of one year; and | ||
(2) assess an administrative penalty against the | ||
agency in the amount of: | ||
(A) $500 for the first violation; and | ||
(B) $5,000 for each subsequent violation. | ||
(b) The commission may not assess an administrative penalty | ||
against a health care employment agency under Subsection (a)(2) for | ||
a violation of Section 148.101(b). | ||
(c) The commission must provide 30 days' notice before | ||
denying or revoking a health care employment agency's registration | ||
under this section. | ||
Sec. 148.152. HEALTH CARE EMPLOYMENT AGENCY PROHIBITED FROM | ||
REGISTRATION. A health care employment agency that is subject to a | ||
registration denial or revocation under this subchapter may not | ||
register or renew the registration of another place of business | ||
under Section 148.051 during the one-year period following the date | ||
of the denial or revocation. | ||
Sec. 148.153. COMPLAINT PROCESS. The commission shall: | ||
(1) establish a system for the public to file | ||
complaints against a health care employment agency or agency | ||
employee; | ||
(2) investigate complaints described by Subdivision | ||
(1); and | ||
(3) report the commission's findings to: | ||
(A) the person who filed the complaint; and | ||
(B) the health care employment agency that is the | ||
subject of the complaint or that contracts with or employs the | ||
agency employee that is the subject of the complaint, as | ||
applicable. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules as necessary to implement | ||
Chapter 148, Health and Safety Code, as added by this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |