HB 502 — AN ACT relating to health care services agencies.

UNOFFICIALCHAPTER COPY61 231 RSCHAPTER 61 ( HB 502/GA502 ) AN ACT relating to health care services agencies.

(5) "Permanent direct care staff" means an individual who contracts with or is employed by a health care services agency on a nontemporary basis to provide direct care services to residents in assisted living communities, residents in long-long-term term care facilities, or patients in hospitals;

(6) "Health care services agency" means any person, firm, corporation, partnership, or other business entity engaged in the business of referring temporary direct care staff to render temporary direct care services to an assisted living community, a long-long-term term care facility, or a hospital but does not include a health care services agency operated by an assisted living community, a long-term care facility, a hospital, or any affiliates thereof, solely for the purpose of procuring, furnishing, or referring temporary [or permanent ]direct care staff for employment at that assisted living Page 1 of 5 HB050210.100 - 1697 - XXXX 3/7/2023 7:06 PM GA UNOFFICIAL COPY 23 RS HB 502/GA community, long-term care facility, hospital, or any affiliates thereof;

(b) Comply with all pertinent requirements relating to the health and other qualifications of personnel employed in assisted living communities, long-long-term term care facilities, or hospitals;

and PageLegislative 2Research ofCommission 5PDF HB050210.100Version -ACTS 1697OF -THE XXXXGENERAL 3/7/2023ASSEMBLY 7:06 PM GA UNOFFICIAL COPY 23 RS HB 502/GA (f) Retain all records for five (5) calendar years and make all records immediately available to the cabinet upon request.

or (b) Revocation of registration and a monetary penalty in the amount of twenty-twenty-five five thousand dollars ($25,000).

(b) Require, in any contract with temporary direct care staff, an assisted living community, a long-term care facility, or a hospital, the payment of liquidated damages, employment fees, or other compensation should the employee be hired as a permanent employee of the assisted living community, long-term care facility, or hospital, except in cases where the damages, fees, or compensation are payable solely by the assisted living community, long-term care facility, or hospital and the contract with the assisted living community, long-term care facility, or hospital specifies that the amount will be reduced pro-rata based on the length of time the temporary direct care staff performs services for the assisted living community, long-term care facility, or hospital Page 3 of 5 HB050210.100 - 1697 - XXXX 3/7/2023 7:06 PM GA UNOFFICIAL COPY 23 RS HB 502/GA while on the payroll of the health care services agency;

or (c) Solicit or recruit the current staff of an assisted living community, long-term care facility, or hospital, or require, as a condition of employment, assignment, or referral, that their employees recruit new employees for the agency from among the current employees of the assisted living community, long-termlong- term care facility, or hospital to which the agency employees are employed, assigned, or referred.

(b) The length of time the temporary direct care staff have been assigned to the Page 4 of 5 HB050210.100 - 1697 - XXXX 3/7/2023 7:06 PM GA UNOFFICIAL COPY 23 RS HB 502/GA assisted living communities, long-term care facilities, or hospitals and the total hours worked;

CHAPTER 61 3 (3) A health care services agency shall disclose the following information in response to a request from the Attorney General during an investigation of an alleged or suspected violation of KRS 367.374 by the health care services agency:

PageSigned 5by ofGovernor 5March HB050210.10022, -2023. 1697 - XXXX 3/7/2023 7:06 PM GA

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