Section 690.55  Reporting Requirements

a)         Contracts. A nurse agency must comply with the following contract maintenance and reporting requirements:

1)         A nurse agency shall submit to the Department all contracts for the employment, assignment, or referral of nurses or certified nurse aides within seven calendar days of the effective date of the contract. This requirement includes contracts executed or materially amended or modified on or after July 1, 2022 that govern the procurement of staffing services for health care facilities. Contracts must be submitted electronically in PDF format through the Department's online portal provided on the Nurse Agency Licensing Act webpage:  https://labor.illinois.gov/laws-rules/fls/nurse-agency-licensing-act.html.

2)         All contracts must conspicuously identify the name of the nurse agency and the name of the health care facility to which nurses or certified nurse aides are employed, assigned, or referred pursuant to the contract. The contract must include the effective date and termination date of the contract; if the contract has no termination date, it must include a clear statement of the time period covered by the contract term, including any auto-renewal date, which shall be considered an effective date.  Contracts with auto-renewal provisions are deemed to begin a new contract term on the date of renewal.

3)         A nurse agency must maintain all contracts under this Section in accordance with the maintenance period requirements of Section 690.150(c).

b)         Invoices. All original invoices must be maintained by the nurse agency in accordance with the maintenance period requirements of Section 690.150(c), and copies of such invoices must be submitted to the Department upon request.

c)         Quarterly Labor Cost Report. Each nurse agency must report the following data on a quarterly basis, in the following manner.

1)         Reporting Schedule.

A)        Beginning on the effective date of this rulemaking, a nurse agency in operation on or before the effective date of this rulemaking must submit a quarterly report to the Department that covers all dates on which the nurse agency was in operation since the effective date of Public Act 102-946, July 1, 2022.

B)        A nurse agency that begins operations after the effective date of this rulemaking must submit its first quarterly report by the due date immediately following its first full quarter in operation; such report shall encompass data going back to the nurse agency's first day in operation. For example, a nurse agency that opens for business on February 20 shall report to the Department for the first time on June 15, with data covering February 20 through May 31.

C)        After a nurse agency submits its initial report, the nurse agency shall follow the below quarterly reporting schedule. If the due date falls on a weekend or holiday on which the offices of the Department are closed, the report shall be due on the next working day:

2)         Labor cost reports must be submitted electronically through the Department's online portal provided on the Nurse Agency Licensing Act webpage:  https://labor.illinois.gov/laws-rules/fls/nurse-agency-licensing-act.html. Reports must be submitted in .csv file format and organized according to the template provided by the Department on the portal.

3)         A nurse agency must submit a separate labor cost report for each health care facility with which the nurse agency has a current contract. Each report must identify the type of health care facility and must contain the following data regarding employees that have been assigned or referred to that health care facility, separated by employee category (i.e., registered nurse, licensed practical nurse, advanced practice registered nurse, and certified nurse aide):

A)        Amounts Charged to Facility:  the average amount charged to the health care facility for each individual employee category.

B)        Wages Paid to Employees:  the average base hourly rate paid by the nurse agency to employees in each individual employee category.

C)        Other Payments to Employees:  the average amount paid by the nurse agency to employees in each individual employee category exclusive of the base hourly rate, such as per diems, overtime compensation, expense reimbursements, mileage, lodging, bonuses, and wage differentials.

D)        Labor-Related Costs:  the average amount of labor-related costs paid by the nurse agency for each employee category, including payroll taxes, workers' compensation insurance, professional liability coverage, credentialing, and testing. [225 ILCS 510/14(h)]

d)         The fact that any agency contracts a third party to maintain any of these records does not alter the agency's reporting obligations under this Act.

(Source:  Added at 49 Ill. Reg. 6180, effective April 25, 2025)