BILL NUMBER: S3355A
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to including digital
health care service platforms in the definition of temporary health care
services agency
 
PURPOSE:
To make clarifying changes to the requirements for temporary staffing
agencies as it relates to digital healthcare service platforms' require-
ments to register with the Department of Health.
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 8 of section 2999-ii of the Public Health
Law, as it relates to definitions of the Registration of Temporary
Health Care Services Agencies and Health Care Technology Platforms, to
clarify that digital healthcare service platforms, which facilitate
employment arrangements between healthcare workers seeking employment
opportunities and healthcare providers seeking to employ workers, were
intended to be covered under the current law when it was enacted and
more clearly defining the relationship that these digital platforms have
with the parties that use their platform.
Section 2 sets an effective date.
 
JUSTIFICATION:
Healthcare technology platforms are digital health technologies that use
computing platforms, connectivity, software, and sensors for healthcare
staffing needs.
These healthcare technology platforms typically operate as independent
contractors and do not employ healthcare workers directly, but rather as
a broker or clearing house that connects workers with employers on their
platforms, which can be structured as per diem shifts at healthcare
facilities.
These entities are captured under the current law, but the statute as
drafted has created confusion for some of these digital platforms as
their model does not match a more traditional employer-employee
relationship that exists at other temporary staffing agencies. This
legislation clarifies the existing law to reflect that healthcare tech-
nology platforms do not provide temporary employment services directly,
but instead facilitate these types of arrangements. This legislation
will clarify that they are intended to be covered under the law and more
accurately define the relationship these entities have with healthcare
workers and employers.
 
FISCAL IMPACT ON THE STATE:
None.
 
LEGISLATIVE HISTORY:
2024: S9314/A9867 Stirpe
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3355: 2999-ii public health law, 2999-ii(8) public health law
S3355A: 2999-ii public health law, 2999-ii(8) public health law, 2999-jj public health law, 2999-jj(3) public health law