wa-law.org > bill > 2023-24 > SB 5547 > Original Bill
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
A person who operates a nursing pool shall register the pool with the secretary. Each separate location of the business of a nursing pool shall have a separate registration.
In addition to the requirements in subsection (1) of this section, a person who operates a nursing pool that employs, procures, or refers health care personnel for temporary employment in a hospital, nursing home, assisted living facility, enhanced services facility, or an adult family home as defined in RCW 18.52C.020 shall:
Register the pool with the secretary annually; and
Disclose corporate structure and ownership, if any, which the secretary shall make publicly available, as part of the annual registration process.
The secretary shall establish administrative procedures, administrative requirements, and fees as provided in RCW 43.70.250 and 43.70.280. All fees or assessments levied by the state to cover the costs associated with this section shall be borne by the persons who operate nursing pools.
Nursing pools operating in Washington state shall report to the secretary annually the following information, at a minimum, by county in which the health care personnel performed the work and by type of hospital, nursing home, assisted living facility, enhanced services facility, or adult family home:
The average amount charged by the nursing pool for health care personnel by license type;
The average amount paid by the nursing pool to health care personnel by license type;
The average amount of labor-related costs paid by the nursing pool by health care personnel license type, such as payroll taxes, workers' compensation insurance, professional liability coverage, credentialing, and other employee-related costs;
The number of placements made within 25 miles and 50 miles of the health care personnel's residence as identified in their employee tax information; and
The total number of placements made by the nursing pool.
The secretary shall produce an annual report to be made available on the department of health's website. The annual report shall include, at a minimum, the following information by county in which the health care personnel performed the work and by type of hospital, nursing home, assisted living facility, enhanced services facility, or adult family home:
The average amount charged by nursing pools for health care personnel by license type;
The average amount paid by the nursing pool to health care personnel by license type;
The average amount of labor-related costs paid by the nursing pool by health care personnel license type, such as payroll taxes, workers' compensation insurance, professional liability coverage, credentialing, and other employee-related costs;
The number of placements made within 25 miles and 50 miles of the health care personnel's residence as identified in their employee tax information; and
The total number of placements made by each registered nursing pool.
This section applies to nursing pools that employ, procure, or refer health care personnel for temporary employment in nursing homes, assisted living facilities, enhanced services facilities, or adult family homes.
The nursing pool shall ensure health care personnel meet the minimum licensing, certification, training, and health requirements and the continuing education standards for the health care personnel's position in the nursing home, assisted living facility, enhanced services facility, or adult family home and shall supply the appropriate documentation to the nursing home, assisted living facility, enhanced services facility, or adult family home.
The nursing pool shall conduct a criminal background check, exclusion verification as required under 42 U.S.C. Sec. 1032a-7, and the requirements under RCW 43.43.842 for all health care personnel prior to employment, procurement, or referral of the health care personnel. The nursing pool shall provide the nursing home, assisted living facility, enhanced services facility, or adult family home with proof of applicable criminal records checks.
The nursing pool shall provide the nursing home, assisted living facility, enhanced services facility, or adult family home written notice, at least 90 days in advance, of contract changes including, but not limited to, availability or charges for services, items, or activities.
A nursing pool shall not, in any contract with health care personnel or a nursing home, assisted living facility, enhanced services facility, or adult family home that lasts longer than 13 weeks, require the payment of liquidated damages, employment fees, or other compensation if health care personnel is hired as a permanent employee by the nursing home, assisted living facility, enhanced services facility, or adult family home.
Nursing pools shall also provide, annually, to the secretary the average total hours worked and billed by nursing category and as aggregated by nursing home, assisted living facility, enhanced services facility, or adult family home facility type.