§ 16-52-3-1 — Duties; prohibitions

Indiana § 16-52-3-1

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 52: TEMPORARY HEALTH CARE SERVICES
• Ch. 3: Requirements

Text

(a) A temporary health care services agency
shall do the following:
(1) Upon written request to an officer of the temporary health care
services agency, provide the following to a health care facility for
any health care personnel supplied by the agency:
(A) Documentation that each health care personnel meets all
licensing or certification requirements for the profession in
which the health care personnel will be working.
(B) Proof of applicable criminal record checks for each health
care personnel if required by law.
(2) Comply with any requirement relating to the health and other
qualifications of a health care personnel employed or contracted
to provide services in a health care facility.
(3) Bill a health care facility not later than three (3) months from
the date of services rendered for any services provided by:
(A) the temporary health care services agency to the health care
facility; or
(B) an applicant referred by the temporary health care services
agency to and approved by the health care facility for the
performance of health care personnel's services that are billed
by the agency.
However, a health care facility and a temporary health care
services agency may contract for billing to occur in a time frame
that is less than three (3) months and the temporary health care
services agency shall comply with the agreed upon time frame.
(4) Carry a dishonesty bond of at least ten thousand dollars
($10,000) for health care personnel provided or procured by the
temporary health care services agency.
(5) Maintain insurance coverage for worker's compensation for
each health care personnel provided or procured by the temporary
health care services agency.
(6) Retain all records for at least five (5) years in a manner that
allows the records to be immediately available to the state
department for inspection to determine compliance with this
article.
(b) A temporary health care services agency may not do the
following:
(1) Restrict in any manner the employment opportunities of health
care personnel.
(2) Publish, cause to be published, or verbally make any false,
fraudulent, or misleading notice, advertisement, or statement, or
give any false or misleading information to a health care facility
concerning any health care personnel or the health care
personnel's qualifications to provide services to the health care
facility.
(3) Recruit potential health care personnel on the premises of a
health care facility.
(4) Require, as a condition of employment, assignment, or
referral, that health care personnel recruit new health care
personnel for the temporary health care services agency from the
permanent employees of the health care facility to which the
health care personnel was employed, assigned, or referred.
(5) Send any applicant or collect any fee from an applicant before
obtaining or securing an order for the employment or position for
the temporary performance of services.

Legislative History

As added by P.L.149-2023, SEC.18.