Registration of Temporary Health Care Services Agencies and Health Care Technology Platforms

Overview

Part X of Health and Mental Hygiene (HMH) FY24 Budget added a new Article 29-k to the Public Health Law, which requires temporary health care service agencies to register with the New York State Department of Health.

The law defines Temporary Health Care Service Agencies (or agencies) as a person, firm, corporation, partnership, association, or other entity in the business of providing or procuring temporary employment of health care personnel for health care entities, including:

• A nurses' registry licensed under Article Eleven of the General Business Law; and
• Entities that utilize apps or other technology-based solutions to provide or procure temporary employment of health care personnel in health care entities.

Neither home care agencies nor individuals who only provide their own services on a temporary basis to health care entities, are included in the definition of Temporary Health Care Services Agency.

Agency Registration Obligations

1. I. The law requires agencies to complete a form that includes the following information:
   1. The names and addresses of the controlling person(s).
   2. The names and addresses of any health care entities where the controlling person or persons or their family members: (i) have an ownership relationship; or (ii) direct the management or policies of such health care entities.
   3. A demonstration that the applicant is of good moral character and able to comply with all applicable state laws and regulations relating to the activities in which it intends to engage.
   4. The state of incorporation of the agency.
   5. Any additional information necessary, as determined by the Commissioner.
2. II. Annual registration fee of $1,000

Agency Reporting

1. III. The statute directs agencies to submit to the department quarterly financial-related reports, which includes a full disclosure of charges and compensation, including a schedule of all hourly bill rates per category of health care personnel, a full description of administrative charges, and a schedule of rates of all compensation per category of health care personnel.
2. IV. Agencies are also required to provide copies of all contracts between the agency and health care entities to which the agency assigns or refers health care personnel, including copies of all invoices to health care entities. Executed contracts must be sent to the department within five business days of their effective date.

Surveillance Authority

1. V. The Department of Health has authority to perform surveillance and investigate temporary health care service agencies. This includes the ability to examine the books and records of the agency, subpoena witnesses and documents and conduct investigations as necessary in the event the Department has reason to believe that the books or records do not accurately reflect the financial condition or financial transactions of the agency. The agency is required to comply with any additional requirements the Department deems necessary.

Registration Instructions

To register as a temporary health care service agency in New York State, an applicant must submit required materials and a renewal fee of $1,000. The Registration file and renewal fee are due by November 15, 2023.

• Registration file: Each agency will download and complete the Registration file (excel), which contains four tabs. The submission of Registration data must include five additional appendices. The Registration file and appendices are due by November 15, 2023.
  • Appendix 1: Agency is of good moral character (PDF)
  • Appendix 2: Agency personnel licensing, training, and continuing education standards
  • Appendix 3: Administrator resume(s)
  • Appendix 4: Agency contract(s)
    NOTE: Thereafter executed contracts must be submitted within 5 business days of the effective date
  • Appendix 5: Attestation (PDF)
• Check Information Form and fee: Each agency must download and complete the Check Information Form (PDF) and submit with a check for $1,000. The Check Information Form and fee are due by November 15, 2023.

Quarterly Reporting Instructions

Quarterly Reporting file: Each agency will download and complete the Quarterly Reporting file (excel), which contains four tabs. The submission of Quarterly Reporting data must include four additional appendices. Quarter 1 reporting for August 1, 2023 - October 31, 2023 is due by November 30, 2023, and quarterly thereafter.

• Appendix 6: Schedule of all hourly bill rates per category of health care personnel
• Appendix 7: Full description of administrative charges
• Appendix 8: Copies of all invoices to health care entities personnel
• Appendix 9: Attestation (PDF)

Links to Files

• Downloadable Registration file (XLSX)
• Appendix 1: Agency is of good moral character (PDF)
• Appendix 5: Downloadable Attestation file for Registration (PDF)
• Check Information Form (PDF)
• Quarterly Reporting file (XLSX)
• Appendix 9: Downloadable Attestation file for Quarterly Reporting (PDF)

Instructions for Submitting Data

The Department is collecting data using the secure file transfer tool, SendVault. To submit your Registration file including five appendices (due November 15) and your Quarterly Reporting file including four appendices (due November 30) please follow the steps below.

1. Step 1: Download and prepare your Registration and Quarterly Reporting materials.
2. Step 2: When you are ready to submit, email your contact information to TempAgencyRegistration@health.ny.gov
3. Step 3: Upon receipt, the Department will enter the agency contact information into the SendVault system. This will generate an automatic email to the agency contact. The email will provide instructions on how to send files securely to the Department.

Please direct your questions to TempAgencyRegistration@health.ny.gov.

Instructions for Submitting Annual Fee

Temporary health care services agencies must submit an annual registration fee to the Department of Health. Fees must be submitted in the form of a check. Agencies should submit the check(s) with the Check Information Form. Parent companies should specify each subsidiary agency for which they are registering when submitting the annual fee for more than one agency. The Check Information Form and fee are due by November 15, 2023.

• Check Information Form (PDF)

Checks must be made out to: New York State Department of Health

• Checks must be sent to:
  
  New York State Department of Health
  Empire State Plaza
  Corning Tower, Room 1695
  Albany, NY 12237

Frequently Asked Questions

• Registration of Temporary Health Care Services Agencies and Health Care Technology Platforms Frequently Asked Questions

Please submit your questions to: TempAgencyRegistration@health.ny.gov