A1394 ACS

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 1394

STATE OF NEW JERSEY

ADOPTED JUNE 20, 1996

Sponsored by Assemblywomen VANDERVALK, WEINBERG and Assemblyman GREEN

An Act concerning health care services temporary agencies and supplementing Titles 26 and 34 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in sections 1 through 3 of this act:

"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.

"Health care service" means a preventive, diagnostic or therapeutic health service provided in the recipient’s residence, or to a patient in a health care facility under a contractual agreement between the facility and a health care services temporary agency, including, but not limited to, nursing, nutritional and personal care services and physical, speech, occupational, respiratory, intravenous and related therapies.

"Health care services temporary agency" means a person, partnership, corporation, company, trust or other business entity, whether for-profit or nonprofit, who arranges or provides one or more health care services, or who is engaged in the business of procuring or offering to procure employment for persons to provide one or more health care services, where a fee is exacted, charged or received directly or indirectly for procuring or offering to procure that employment. A health care services temporary agency does not include a home health care agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

2. a. (1) Except as provided in paragraph (2) of this subsection, the operator of a health care services temporary agency who procures or offers to procure employment for an employee of that agency which would require the employee to perform duties for which the employee is not qualified by law is liable to a civil penalty of not less than $2,000 and not more than $5,000 for each offense, to be collected and enforced by summary proceedings pursuant to “the penalty enforcement law,” N.J.S.2A:58-1 et seq. If the violation is of a continuing nature, each day during which it continues shall constitute a separate offense.

(2) An operator of a health care services temporary agency who demonstrates to the satisfaction of the director that his procurement of employment, or offer to procure employment, for an employee of that agency was based upon fraudulent information submitted by the employee with respect to the employee's qualifications to perform the duties attendant to that employment, notwithstanding the operator's good faith effort to comply with the provisions of this act, is exempt from civil liability as provided in paragraph (1) of this subsection.

b. An employee of a health care services temporary agency who engages in employment which requires the employee to perform duties for which the employee is not qualified by law is liable to a civil penalty of not less than $250 and not more than $1,000 for each offense, to be collected and enforced by summary proceedings pursuant to “the penalty enforcement law,” N.J.S.2A:58-1 et seq. If the violation is of a continuing nature, each day during which it continues shall constitute a separate offense.

3. The director shall provide for an appropriate and timely right of appeal for an operator or employee of a health care services temporary agency which is determined by the director to have violated a provision of this act or any rule or regulation adopted pursuant thereto.

4. The director, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of sections 1 through 3 of this act.

5. As used in sections 5 through 7 of this act:

"Commissioner" means the Commissioner of Health.

"Health care facility" means a health care facility licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

6. a. Except as provided in subsection b. of this section, a health care facility which utilizes the services of an employee of a health care services temporary agency who does not meet the statutory requirements for licensure, certification or registration to perform the duties assigned to that person by the health care facility, is liable to a civil penalty of not less than $1,000 or more than $3,000 for each offense, to be collected and enforced by summary proceedings pursuant to "the penalty enforcement law," N.J.S.2A:58-1 et seq. If the violation is of a continuing nature, each day during which it continues shall constitute a separate offense.

b. A health care facility which demonstrates to the satisfaction of the commissioner that its utilization of the services of an employee of a health care services temporary agency was based upon fraudulent information submitted by the employee with respect to the employee's qualifications to perform the duties assigned to that person by the health care facility, notwithstanding the facility's good faith effort to comply with the provisions of this act, is exempt from civil liability as provided in subsection a. of this section.

7. The commissioner shall provide for an appropriate and timely right of appeal for a health care facility which is determined by the commissioner to have violated a provision of this act or any rule or regulation adopted pursuant thereto.

8. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of sections 5 through 7 of this act.

9. This act shall take effect immediately.

Penalizes health care facilities and health care services temporary agencies for utilizing temporary health care personnel improperly.