June 17, 2024


Think Differently

Iowa Passes New Needs for Well being Care Work Agencies | Dentons

Laws passed this session in the Iowa Common Assembly adopts new necessities and limits for well being treatment employment companies that provide wellness treatment entities with agency staff who supply nursing or other expert services to people by way of individual-to-individual contact. There is an exception of doctors and nurse practitioners. A “health treatment entity” is a certified or accredited facility, corporation, or company operated to give companies or supports to meet the health or personal treatment needs of buyers.

The new laws calls for a wellness treatment employment agency:

  • To sign up each year with the Iowa Section of Inspections and Appeals (“DIA”)
  • Refrain from proscribing agency personnel from pursuing employment chances, including with the health care entity they’ve been positioned
  • Refrain from together with in contracts with wellness care entity clientele no-retain the services of clauses protecting against the consumer from selecting the agency worker
  • Refrain from together with in any arrangement with an agency worker or wellbeing care entity shopper any liquidated damages, work expenses, or other penalties or charges if the company worker is hired by the wellbeing care entity
  • Assure company employees comply with all wellbeing necessities and demands of staff furnishing services in well being treatment entity settings
  • Document agency staff meet up with all licensing, certification, schooling, schooling, and overall health demands for their position and provide documentation to regulators and other exterior events which would in any other case be the duty of the well being care entity if the included worker was right employed by it
  • Preserve qualified liability insurance policy covering agency employees with boundaries of no fewer than $1 million for each event and $3 million in the mixture

A wellbeing treatment work company providing agency employees to Medicare or Medicaid licensed wellbeing care entities ought to also submit quarterly studies to DIA outlining the regular total billed to the entity and the common quantity paid to the agency employees. Any health treatment work company that violates the limits on “no-seek the services of,” liquidated damages, or other clauses restricting the employment prospects of agency workers or who knowingly supplies an agency worker who has illegally or fraudulently obtained a license, certification, registration, or history examine will have its registration to do enterprise in Iowa revoked and the agency and the agency’s taking care of entity will be limited from accomplishing enterprise in Iowa as a wellness care work company for two several years.

The new needs are powerful July 1, 2022 even so, later legislation which was in the end handed by both of those the Dwelling and Senate, but which has still to be signed by Governor Reynolds, makes the provisions limiting companies from including or implementing non-competes, “no-hire” clauses, and liquidated damages provisions helpful for contracts entered into on or after January 1, 2019.

The laws is broadly drafted and though doctors and nurse practitioners are not thought of “agency workers” all other people supplying nursing or services necessitating individual-to-person make contact with with people are regarded “agency staff.” This would surface to consist of physician assistants, nurses, aides, and radiology and lab techs. The definition of a “health care work agency” is also very wide together with businesses that offer short-term, non permanent-to-employ the service of, immediate agreement, or other deal or employee placements. It is unclear no matter whether the new laws will utilize to wellbeing care companies who could enter into shared staffing or staff lease arrangements with other suppliers who are regarded wellness care entities less than the new legislation.