Bill Text: IA HF357 | 2023-2024 | 90th General Assembly | Enrolled
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 HSB 24.) Effective date: 07/01/2023. Applicability date: 01/01/2019.
Spectrum: Committee Bill
Status: (Passed) 2023-06-01 - Signed by Governor. H.J. 1039. [HF357 Detail]
Download: Iowa-2023-HF357-Enrolled.html
House
File
357
-
Enrolled
House
File
357
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.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
135Q.1,
Code
2023,
is
amended
to
read
as
follows:
135Q.1
Definitions.
As
used
in
this
chapter
,
unless
the
context
otherwise
requires:
1.
“Department”
means
the
department
of
inspections
and
appeals.
2.
“Direct
services”
means
services
provided
to
consumers
through
person-to-person
contact.
“Direct
services”
excludes
services
performed
by
persons
in
a
health
care
entity
setting
that
do
not
involve
the
provision
of
any
service
or
treatment
House
File
357,
p.
2
to
a
consumer
of
a
health
care
entity.
“Direct
services”
does
not
include
the
practice
of
medicine
and
surgery
or
osteopathic
medicine
and
surgery
by
an
individual
licensed
under
chapter
148
or
the
practice
of
nursing
by
an
advanced
registered
nurse
practitioner
or
an
advanced
practice
registered
nurse
licensed
under
chapter
152
or
152E
.
3.
2.
“Health
care
employment
agency”
or
“agency”
means
an
agency
that
contracts
with
a
health
care
entity
in
this
state
to
provide
agency
workers
for
temporary
,
or
temporary-to-hire
,
direct
hire,
or
other
contract
or
employee
placements.
4.
3.
“Health
care
employment
agency
worker”
or
“agency
worker”
means
an
individual
who
contracts
with
or
is
employed
by
a
health
care
employment
agency
to
provide
direct
services
or
nursing
services
to
health
care
entity
consumers.
5.
4.
“Health
care
entity”
means
a
facility,
agency,
or
program
licensed
or
certified
facility,
organization,
or
agency
operated
to
provide
services
and
supports
to
meet
the
health
or
personal
care
needs
of
consumers
by
the
department
or
by
the
centers
for
Medicare
and
Medicaid
services
of
the
United
States
department
of
health
and
human
services
.
6.
5.
“Managing
entity”
means
a
business
entity,
owner,
ownership
group,
chief
executive
officer,
program
administrator,
director,
or
other
decision
maker
whose
responsibilities
include
directing
the
management
or
policies
of
a
health
care
employment
agency.
“Managing
entity”
includes
an
individual
who,
directly
or
indirectly,
holds
a
beneficial
interest
in
a
corporation,
partnership,
or
other
business
entity
that
constitutes
a
managing
entity.
7.
6.
“Nursing
services”
means
those
services
which
may
be
provided
only
by
or
under
the
supervision
of
a
nurse.
“Nursing
services”
includes
services
performed
by
a
registered
nurse,
a
licensed
practical
nurse,
a
certified
nurse
aide,
a
certified
medication
aide,
a
home
health
aide,
a
medication
manager,
or
by
noncertified
or
nonlicensed
staff
providing
personal
care
as
defined
in
section
231C.2.
“Nursing
services”
does
not
include
the
practice
of
nursing
by
an
advanced
registered
nurse
practitioner
or
an
advanced
practice
registered
nurse
licensed
under
chapter
152
or
152E
.
House
File
357,
p.
3
Sec.
2.
Section
135Q.2,
subsections
1
and
3,
Code
2023,
are
amended
to
read
as
follows:
1.
A
health
care
employment
agency
operating
in
the
state
shall
register
annually
with
the
department.
Each
separate
location
of
a
health
care
employment
agency
shall
register
annually
with
and
pay
an
annual
registration
fee
of
five
hundred
dollars
to
the
department.
The
department
shall
issue
each
location
a
separate
certification
of
registration
upon
approval
of
registration
and
payment
of
the
fee.
The
annual
registration
fees
shall
be
retained
by
the
department
as
repayment
receipts
as
defined
in
section
8.2.
3.
a.
A
health
care
employment
agency
shall
not
do
any
of
the
following:
(1)
Restrict
in
any
manner
the
employment
opportunities
of
an
agency
worker
by
including
a
non-compete
clause
in
any
contract
with
an
agency
worker
or
health
care
entity.
(2)
In
any
contract
with
an
agency
worker
or
health
care
entity,
require
payment
of
liquidated
damages,
employment
fees,
or
other
compensation
if
the
agency
worker
is
subsequently
hired
as
a
permanent
employee
of
the
health
care
entity.
b.
This
subsection
shall
not
apply
to
a
contract
between
a
health
care
employment
agency
and
an
agency
worker
or
a
health
care
entity
if
the
contract
meets
all
of
the
following
criteria:
(1)
The
contract
is
entered
into
for
the
purpose
of
placing
an
agency
worker
the
health
care
employment
agency
assisted
in
obtaining
authorization
to
work
in
the
United
States.
(2)
The
contract
contains
an
initial
duration
term
of
not
less
than
twenty-four
months
and
a
total
duration
term,
including
any
renewals
or
extensions,
of
not
more
than
thirty-six
months.
(3)
The
contract
requires
the
agency
worker
to
work
for
a
single
health
care
entity
for
the
entire
duration
of
the
contract.
b.
c.
Any
contract
that
violates
this
subsection
shall
be
unenforceable
in
court.
Sec.
3.
RETROACTIVE
APPLICABILITY.
This
Act
applies
retroactively
to
any
contract
between
a
health
care
employment
agency
and
an
agency
worker
or
health
care
entity
referred
to
House
File
357,
p.
4
under
section
135Q.2
that
was
entered
into
or
executed
on
or
after
January
1,
2019.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
357,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor
