§ 2999-kk. Temporary health care services agencies; minimum standards.
1. A temporary health care services agency shall appoint an
administrator qualified by training, experience or education to operate
the agency. Each separate agency location shall have its own
administrator.

2. A temporary health care services agency shall maintain a written
agreement or contract with each health care entity, which shall include,
at a minimum:

(a) The required minimum licensing, training, and continuing education
requirements for each assigned health care personnel.

(b) Any requirement for minimum advance notice in order to ensure
prompt arrival of assigned health care personnel.

(c) The maximum rates that can be billed or charged by the temporary
health care services agency pursuant to section twenty-nine hundred
ninety-nine-mm of this article and any applicable regulations.

(d) The rates to be charged by the temporary health care services
agency.

(e) Procedures for the investigation and resolution of complaints
about the performance of temporary health care services agency
personnel.

(f) Procedures for notice from health care entities of failure of
medical personnel to report to assignments.

(g) Procedures for notice of actual or suspected abuse, theft,
tampering or other diversion of controlled substances by medical
personnel.

(h) The types and qualifications of health care personnel available
for assignment through the temporary health care services agency.

3. A temporary health care services agency shall submit to the
department copies of all contracts between the agency and a health care
entity to which it assigns or refers health care personnel, and copies
of all invoices to health care entities personnel. Executed contracts
must be sent to the department within five business days of their
effective date and are not subject to disclosure under article six of
the public officers law.

4. The commissioner may promulgate regulations to implement the
requirements of this section and to establish additional minimum
standards for the operation of temporary health care services agencies,
including but not limited to pricing, fees, administrative costs,
profits, and business practices.

5. The commissioner may waive the requirements of this article during
a declared state or federal public health emergency.