Indiana § 16-52-3-1 - Duties; prohibitions

§ 16-52-3-1. Duties; prohibitions

Sec. 1. (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.

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