§ 23-17.7.1-10. Regulations, inspections, and investigations.
(a) The licensing agency shall, after a public hearing pursuant to chapter 35 of title 42, give notice, adopt, amend, promulgate, and enforce any rules and regulations and
standards with respect to nursing service agencies to be licensed under this chapter
that may be designed to further the accomplishment of the purposes of this chapter
in promoting safe and adequate care of individuals receiving nursing and nursing assistant
services, in the interest of public health, safety, and welfare. All licensed nursing
service agencies shall be required to protect clients by ensuring that all persons
whom it employs receive training and/or competency evaluation pursuant to the provisions
of §§ 23-17.9-3 and 23-17.7-11. The licensing agency shall make or cause to be made any inspections and investigations
that it deems necessary including service records.
(b) A nursing service agency's maximum rate for services provided to a nursing facility
and/or assisted living residence by a nurse or certified nurse assistant shall not
exceed two hundred percent (200%) of the regional hourly wage of each position. The
licensing agency shall use and publish the most current median hourly wage data reported
by the United States Department of Labor Bureau of Labor Statistics (BLS) Wage Estimates
for the state. These positions shall include registered nurses, licensed practical
nurses, certified nurse assistants, and medication aides. The maximum rate shall include
all charges for administrative fees, contract fees, or other special charges in addition
to the hourly rates for the temporary nursing pool personnel supplied to a client.
(c) Records of required health inspections and investigations shall be kept confidential
as well as all required medical records including COVID-19 testing results, and all
other required vaccinations required by the department.
(d) The personnel file and folder for each employee shall be kept confidential, including
documented evidence of credentials and other appropriate data, including documentation
of orientation, and quarterly in-service education, records of completion of required
training and educational programs, medical records, and criminal background checks.
(e) The staffing agency shall maintain insurance coverage for workers' compensation for
all nurses, med technicians, certified nursing assistants, therapists, and therapist
aides provided or procured by the agency.
(f) Records of violations of public health code by all agency staff shall be tracked and
made a public record.
(g) The long-term care coordinating council (LTCC) shall develop standards for nurse staff
agencies and a ranking formula to track all agencies for public accountability.
(h) If an employee of a staffing agency is directly connected to a quality of care or
a substandard quality of care deficiency in a facility, a subsequential investigation
by the licensing agency shall be conducted at the nursing service agency in which
that individual is employed.