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| 1 | AN ACT concerning regulation. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 1. Short title. This Act may be cited as the Health | |||||||||||||||||||
| 5 | Care Worker Platform Act. | |||||||||||||||||||
| 6 | Section 5. Definitions. | |||||||||||||||||||
| 7 | "Department" means the Department of Public Health. | |||||||||||||||||||
| 8 | "Health care facility" means any facility used to provide | |||||||||||||||||||
| 9 | health care or related services. | |||||||||||||||||||
| 10 | "Health care worker" means any health care professional or | |||||||||||||||||||
| 11 | worker who, directly or through a company other than the | |||||||||||||||||||
| 12 | health care worker platform, provides health care or directly | |||||||||||||||||||
| 13 | related services to patients, including professionals or | |||||||||||||||||||
| 14 | workers who are providing a type of service to patients that | |||||||||||||||||||
| 15 | does not require a license. | |||||||||||||||||||
| 16 | "Health care worker platform" means any person, | |||||||||||||||||||
| 17 | corporation, partnership, or association that operates or | |||||||||||||||||||
| 18 | offers a platform. A "health care worker platform" shall not | |||||||||||||||||||
| 19 | be considered a nurse agency as defined in the Nurse Agency | |||||||||||||||||||
| 20 | Licensing Act or a day and temporary labor service agency as | |||||||||||||||||||
| 21 | defined by the Day and Temporary Labor Services Act. | |||||||||||||||||||
| 22 | "Platform" means an electronic platform, system, or | |||||||||||||||||||
| 23 | application through which health care workers can accept one | |||||||||||||||||||
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| 1 | or more shifts to perform health care related services at a | ||||||
| 2 | health care facility. | ||||||
| 3 | Section 10. Registration. | ||||||
| 4 | (a) Except as provided in subsection (b), each health care | ||||||
| 5 | worker platform shall register with the Department prior to | ||||||
| 6 | operating in this State. | ||||||
| 7 | (b) A health care worker platform operating in this State | ||||||
| 8 | on the effective date of this Act shall submit an application | ||||||
| 9 | for registration to the Department no more than 90 days after | ||||||
| 10 | the effective date of this Act. A health care worker platform | ||||||
| 11 | that applies for registration with the Department as described | ||||||
| 12 | in this subsection may continue to operate until the | ||||||
| 13 | Department takes final action on its application. | ||||||
| 14 | (c) An applicant for registration as a health care worker | ||||||
| 15 | platform shall pay a $1,000 fee to the Department and submit to | ||||||
| 16 | the Department an application that contains: | ||||||
| 17 | (1) the name of each shareholder or owner of the | ||||||
| 18 | health care worker platform with an ownership interest | ||||||
| 19 | greater than 10%; | ||||||
| 20 | (2) the name of each of the health care worker | ||||||
| 21 | platform's officers, directors, members, and partners, as | ||||||
| 22 | applicable; | ||||||
| 23 | (3) the health care worker platform's certificate of | ||||||
| 24 | good standing; | ||||||
| 25 | (4) the health care worker platform's articles of | ||||||
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| 1 | incorporation or other establishing document; and | ||||||
| 2 | (5) a certification that the health care worker | ||||||
| 3 | platform is aware of and will comply with the requirements | ||||||
| 4 | of this Act. | ||||||
| 5 | (d) A registration issued under this Act to a health care | ||||||
| 6 | worker platform is valid for one year after the date of its | ||||||
| 7 | issuance by the Department. | ||||||
| 8 | (e) A health care worker platform renewing its | ||||||
| 9 | registration under this Act shall pay a $1,000 fee to the | ||||||
| 10 | Department and submit an application for renewal to the | ||||||
| 11 | Department that either certifies that no information required | ||||||
| 12 | for registration has changed or provides updated information | ||||||
| 13 | as necessary. | ||||||
| 14 | (f) The Department shall review and issue a decision on | ||||||
| 15 | each new application or application for renewal of a | ||||||
| 16 | registration within 30 days after the submission of the new | ||||||
| 17 | application or application for renewal. The Department shall | ||||||
| 18 | approve an application or application for renewal and issue or | ||||||
| 19 | renew a registration if the applicant has submitted a | ||||||
| 20 | completed application, paid any required fees, and meets or | ||||||
| 21 | continues to meet the registration requirements set forth in | ||||||
| 22 | this Act. A health care worker platform that is registered | ||||||
| 23 | with the Department may continue to operate until the | ||||||
| 24 | Department takes final action on its application for renewal. | ||||||
| 25 | (g) The Department may deny, refuse to renew, revoke, or | ||||||
| 26 | suspend a health care worker platform registration for any of | ||||||
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| 1 | the following reasons: | ||||||
| 2 | (1) lack of financial solvency or suitability; | ||||||
| 3 | (2) failure to comply with the conditions or | ||||||
| 4 | requirements to obtain and retain a registration; | ||||||
| 5 | (3) material failure to comply with any other | ||||||
| 6 | requirement of this Act or the rules adopted under this | ||||||
| 7 | Act; or | ||||||
| 8 | (4) knowingly providing a health care worker with an | ||||||
| 9 | illegally or fraudulently obtained or issued diploma, | ||||||
| 10 | registration, license, certificate, or criminal records | ||||||
| 11 | check. | ||||||
| 12 | (h) The Department shall allow an appeal of any decision | ||||||
| 13 | not to approve an application or an application for renewal | ||||||
| 14 | for registration under this Act. | ||||||
| 15 | Section 15. Recordkeeping. | ||||||
| 16 | (a) A health care worker platform shall retain records | ||||||
| 17 | demonstrating the following: | ||||||
| 18 | (1) each health care worker using the platform: | ||||||
| 19 | (A) meets minimum applicable licensing, training, | ||||||
| 20 | and continuing education standards for the role or | ||||||
| 21 | roles that the worker is seeking on the platform; | ||||||
| 22 | (B) has completed and passed any applicable | ||||||
| 23 | criminal records checks; | ||||||
| 24 | (C) has passed an exclusion check from the | ||||||
| 25 | Department of Public Health Office of the Inspector | ||||||
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| 1 | General; | ||||||
| 2 | (D) has completed an annual physical, if the | ||||||
| 3 | health care worker provides direct services to | ||||||
| 4 | patients; and | ||||||
| 5 | (E) has current cardiopulmonary resuscitation | ||||||
| 6 | certification, if the health care worker provides | ||||||
| 7 | direct services to patients; | ||||||
| 8 | (2) the health care worker platform maintains | ||||||
| 9 | occupational accident insurance that applies to the work | ||||||
| 10 | of health care workers who obtain work through the | ||||||
| 11 | platform, unless such health care workers maintain such | ||||||
| 12 | insurance themselves or are otherwise protected by | ||||||
| 13 | insurance for work-related injuries or diseases; and | ||||||
| 14 | (3) the health care worker platform maintains general | ||||||
| 15 | liability or professional liability insurance of at least | ||||||
| 16 | $1,000,000 per incident and $3,000,000 in aggregate. | ||||||
| 17 | (b) A health care worker platform shall retain the records | ||||||
| 18 | required by subsection (a) for at least 3 years. | ||||||
| 19 | Section 20. Operational requirements. | ||||||
| 20 | (a) Notwithstanding any other provision of law, compliance | ||||||
| 21 | with this Act and any other applicable laws, rules, | ||||||
| 22 | regulations, industry standards, or health care accreditation | ||||||
| 23 | organization requirements concerning licensing, compliance | ||||||
| 24 | methods, training, continuing education, safety, or quality | ||||||
| 25 | control shall not be construed to indicate that the health | ||||||
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| 1 | care worker platform is exerting control or direction over | ||||||
| 2 | health care workers or that health care workers are | ||||||
| 3 | economically dependent on the health care worker platform. | ||||||
| 4 | (b) A health care worker platform shall not: | ||||||
| 5 | (1) require a health care worker to enter into a | ||||||
| 6 | noncompete agreement with the platform; | ||||||
| 7 | (2) require a health care worker or health care | ||||||
| 8 | facility to pay any fee or compensation to the platform if | ||||||
| 9 | a health care worker accepts an offer of employment from a | ||||||
| 10 | health care facility; or | ||||||
| 11 | (3) restrict a health care worker from | ||||||
| 12 | contemporaneously working shifts or employment with a | ||||||
| 13 | health care facility or another platform. | ||||||
| 14 | (c) Nothing in this Act shall be construed to prohibit a | ||||||
| 15 | health care worker platform from generally advertising to the | ||||||
| 16 | public that the health care worker platform is seeking health | ||||||
| 17 | care workers to use the platform. | ||||||
| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law. | ||||||