Registration of Temporary Health Care Services Agencies and Health Care Technology Platforms

Overview

Part X of Health and Mental Hygiene (HMH) FY24 Budget added a new Article 29-k to the Public Health Law, which requires temporary health care service agencies to register with the New York State Department of Health.

The law defines Temporary Health Care Service Agencies (or agencies) as a person, firm, corporation, partnership, association, or other entity in the business of providing or procuring temporary employment of health care personnel for health care entities, including:

• A nurses' registry licensed under Article Eleven of the General Business Law; and
• Entities that utilize apps or other technology-based solutions to provide or procure temporary employment of health care personnel in health care entities.

Neither home care agencies nor individuals who only provide their own services on a temporary basis to health care entities, are included in the definition of Temporary Health Care Services Agency.

Agency Registration Obligations

1. I. The law requires agencies to complete a form that includes the following information:
   1. The names and addresses of the controlling person(s).
   2. The names and addresses of any health care entities where the controlling person or persons or their family members: (i) have an ownership relationship; or (ii) direct the management or policies of such health care entities.
   3. A demonstration that the applicant is of good moral character and able to comply with all applicable state laws and regulations relating to the activities in which it intends to engage.
   4. The state of incorporation of the agency.
   5. Any additional information necessary, as determined by the Commissioner.
2. II. Annual registration fee of $1,000

Agency Reporting

1. III. The statute directs agencies to submit to the department quarterly financial-related reports, which includes a full disclosure of charges and compensation, including a schedule of all hourly bill rates per category of health care personnel, a full description of administrative charges, and a schedule of rates of all compensation per category of health care personnel.
2. IV. Agencies are also required to provide copies of all contracts between the agency and health care entities to which the agency assigns or refers health care personnel, including copies of all invoices to health care entities. Executed contracts must be sent to the department within five business days of their effective date.

Surveillance Authority

1. V. The Department of Health has authority to perform surveillance and investigate temporary health care service agencies. This includes the ability to examine the books and records of the agency, subpoena witnesses and documents and conduct investigations as necessary in the event the Department has reason to believe that the books or records do not accurately reflect the financial condition or financial transactions of the agency. The agency is required to comply with any additional requirements the Department deems necessary.

Registration Instructions

To register as a Temporary Health Care Service Agency in New York State, an agency must submit both a Registration Package and a non-refundable Fee of $1000 to the NYS Department of Health:

1. Registration Package: These 6 Registration items must be submitted using the SendVault instructions below on this page.
   1. Agency Registration file (Excel) - Updated March 2024
      Submit in Excel format (Note: complete all 4 tabs).
   2. Appendix 1 (PDF) Agency is of good moral character.
      Submit Moral Character Attestation form in PDF format.
   3. Appendix 2: Agency personnel licensing, training, and continuing education standards.
      Submit personnel items in PDF format.
   4. Appendix 3: Administrator resume(s).
      Submit resumes in PDF format.
   5. Appendix 4: Agency contract(s).
      Submit all contracts in PDF format. Note: after registration, newly executed contracts must be submitted via SendVault within 5 business days of the effective date.
   6. Appendix 5 (PDF) Attestation file for registration - Updated March 2024
      Submit attestation in PDF format.
2. Annual Fee and Check Information Form: Check Information Form (PDF) Print and complete the Check Information Form then mail it, along with a non-refundable check for $1000 before August 1^st (payable to "New York State Department of Health") to:
   • Temporary Health Care Service Agency Registration
     New York State Department of Health
     Corning Tower - Room 1695
     Albany, NY 12237

Quarterly Reporting Instructions

To meet the Quarterly Reporting requirements, an agency must submit a Quarterly Reporting Package via SendVault.

Quarterly Reporting package: The Quarterly Reporting Package consists of 6 items. Agencies must download and complete the Quarterly Reporting file in Excel (note, there are multiple tabs to complete.) Also required are Appendices 6, 7, 8, and 9, and a compendium of invoices for the quarter in PDF format.

1. Quarterly Reporting file (Excel) - Updated March 2024
2. Appendix 6 (Excel) Schedule of all hourly bill rates per category of health care personnel
3. Appendix 7 (Excel) Full description of administrative charges
4. Appendix 8 (Excel) Itemized invoice list - Updated March 2024
5. Invoices (PDF) Submit copies of each invoice to health care entities and personnel for the quarter
6. Appendix 9 (PDF) Attestation file for Quarterly Reporting
7. Healthcare facility lookup table (Excel) Use this table to help find healthcare facilities and PFI numbers for Quarterly Report Table 1.

Quarterly Reporting schedule: The Quarterly Reporting schedule, including Appendices 6-9, is as follows:

• Due January 31, 2024: November 1, 2023 - December 31, 2023
• Due April 30, 2024: January 1, 2024 – March 31, 2024
• Due July 31, 2024: April 1, 2024 – June 30, 2024
• Due October 31, 2024: July 1, 2024 – September 30, 2024
• Due January 31, 2025: October 1, 2024 – December 31, 2024

Links to Files

• Downloadable Registration file (XLSX)
• Appendix 1: Agency is of good moral character (PDF)
• Appendix 5: Attestation file for Registration (PDF)
• Check Information Form (PDF)
• Quarterly Reporting file (XLSX)
• Appendix 6: Schedule of all hourly bill rates per category of health care personnel (XLSX)
• Appendix 7: Full description of administrative charges (XLSX)
• Appendix 8: Itemized invoice list (XLSX)
• Appendix 9: Attestation file for Quarterly Reporting (PDF)

Instructions for Submitting Data

The Department is collecting data submissions using the secure file transfer tool, SendVault.

1. Step 1: Download Registration or Quarterly Reporting materials from the links above. Review and complete each file and appendix
2. Step 2: To submit your data, use the following SendVault link and follow the instructions provided: SendVault
3. Step 3: Submitting data via SendVault requires a Department-provided password. If you need the password, please email TempAgencyRegistration@health.ny.gov to request it
4. Step 4: If you are submitting for the first time, SendVault will require the installation of IBM Aspera Connect on your web browser (e.g., Google Chrome).
5. Step 5: File submissions should follow the naming convention: agency name - contents being uploaded (e.g., "[AGENCY NAME] – [QUARTERLY REPORT DATES]) and all files should be submitted as one package

Please direct your questions to TempAgencyRegistration@health.ny.gov.

Instructions for Submitting Annual Fee

Temporary health care services agencies must submit an annual registration fee to the Department of Health. Fees must be submitted in the form of a check. Agencies should submit the check(s) with the Check Information Form. Parent companies should specify each subsidiary agency for which they are registering when submitting the annual fee for more than one agency.

• Check Information Form (PDF)

Checks must be made out to: New York State Department of Health

• Checks must be sent to:
  
  New York State Department of Health
  Empire State Plaza
  Corning Tower, Room 1695
  Albany, NY 12237

Frequently Asked Questions

• Registration of Temporary Health Care Services Agencies and Health Care Technology Platforms Frequently Asked Questions

Please submit your questions to: TempAgencyRegistration@health.ny.gov