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--- version:S5150
+++ version:S5150A
@@ -1,26 +1,64 @@
                 STATE OF NEW YORK
         ________________________________________________________________________
-                                          5150
+                                         5150--A
                                2025-2026 Regular Sessions
                     IN SENATE
                                     February 19, 2025
                                        ___________
         Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
-          printed to be committed to the Committee on Health
+          printed to be committed  to  the  Committee  on  Health  --  committee
+          discharged, bill amended, ordered reprinted as amended and recommitted
+          to said committee
         AN ACT to amend the public health law, in relation to temporary services
           provided by "health care personnel"
-          The People of the State of New York, represented in Senate and  Assem-
+          The  People of the State of New York, represented in Senate and Assem-
         bly, do enact as follows:
-     1    Section  1. Subdivision 4 of section 2999-ii of the public health law,
-     2  as added by section 1 of part X of chapter 57 of the laws  of  2023,  is
-     3  amended to read as follows:
+     1    Section 1. Subdivisions 4 and 6  of  section  2999-ii  of  the  public
+     2  health law, as added by section 1 of part X of chapter 57 of the laws of
+     3  2023, are amended to read as follows:
      4    4.  "Health  care  personnel"  means nurses, certified nurse aides and
      5  licensed or unlicensed direct  care  staff  provided  by  the  temporary
      6  health  care  services  agency to provide temporary services in a health
      7  care entity. For such health care personnel, "temporary services"  shall
      8  mean  health  care  services contracted for an initial term of less than
-     9  twenty-four continuous months.
-    10    § 2. This act shall take effect immediately.
+     9  twenty-four continuous months.  Health care personnel shall not  include
+    10  physicians  pursuant  to article one hundred thirty-one of the education
+    11  law.
+    12    6. "Direct care worker" means an individual  who  is  responsible  for
+    13  patient/resident handling or patient/resident assessment as a regular or
+    14  incidental  part of their services, including any licensed or unlicensed
+    15  health care worker.   Direct care worker shall  not  include  physicians
+    16  pursuant to article one hundred thirty-one of the education law.
+    17    §  2.  Paragraph (d) of subdivision 3 of section 2999-jj of the public
+    18  health law, as added by section 1 of part X of chapter 57 of the laws of
+    19  2023, is amended to read as follows:
+    20    (d) Shall not require the payment of  liquidated  damages,  employment
+    21  fees, or other compensation should the health care personnel be hired as
+    22  a  permanent  employee  of a health care entity in any contract with any
+    23  health care personnel or health care entity or otherwise, except that  a
          EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                               [ ] is old law to be omitted.
-                                                                   LBD05348-01-5
+                                                                   LBD05348-02-5
+        S. 5150--A                          2
+     1  health  care  entity may agree contractually to reimburse the agency for
+     2  .its reasonable costs in placing the employee
+     3    §  3.  Subdivision  3  of section 2999-kk of the public health law, as
+     4  added by section 1 of part X of chapter 57 of laws of 2023,  is  amended
+     5  to read as follows:
+     6    3.  A  temporary  health care services agency shall  submit toannually
+     7  the department copies of all contracts between the agency and  a  health
+     8  care  entity  to  which  it assigns or refers health care personnel, and
+     9  copies of all invoices  to  health  care  entities  personnel.  Executed
+    10  contracts  must  be  sent to the department within five business days of
+    11  their effective date and are not subject to disclosure under article six
+    12  of the public officers law.
+    13    § 4. The opening paragraph of section 2999-mm  of  the  public  health
+    14  law,  as  added by section 1 of part X of chapter 57 of laws of 2023, is
+    15  amended to read as follows:
+    16    A temporary health care services agency shall report [ ] quarterly annu-
+    17   to the department a full disclosure of  charges  and  compensation,ally
+    18  including  a  schedule  of  all hourly bill rates per category of health
+    19  care personnel, a full description  of  administrative  charges,  and  a
+    20  schedule  of  rates  of  all  compensation  per  category of health care
+    21  personnel including, but not limited to:
+    22    § 5. This act shall take effect immediately.