ASA Central Network

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  • 1.  Louisiana House Bill No. 958: Health Care / Providers: Provides for Licensure and Regulation of Nurse Staffing

    Posted 05-23-2022 14:06
    I was curious to see if anyone who operates a Nurse Staffing Agency in Louisiana or places nurses in Louisiana was following Louisiana House Bill No. 958, which recently passed unanimously in the Louisiana House, and is on the way to the Louisiana Senate. Our company agrees with much of the bill but has some serious concerns with: 2120.20. Minimum standards; prohibited actions; Part H:

    "Nurse staffing agencies may not contractually obligate any nurse staffing agency employee or contracted staff nor any provider to any terms restricting the nurse staffing agency's employee or contracted staff to accept nor any provider's ability to hire which in any way restricts the nurse staffing agency employee or contracted staff from accepting employment within his trade with any provider within the state."

    We feel this section is very vague. From reading this section of the bill, we feel this could lead to client providers (The Healthcare Facility) being able to hire agency staff directly, at any time before the agency required contracted hours (or time period) for the provider to hire the placed staff, and the agency not being able to charge a fee to the client provider.

    I want to see if there was a different interpretation of this bill provided to the ASA, as Representative Dustin Miller claims Louisiana Department of Health had ASA support in the bill when it passed?

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    Richard Ammon
    Vice President
    AMMON Staffing
    Baton Rouge LA
    (225) 293-1171
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  • 2.  RE: Louisiana House Bill No. 958: Health Care / Providers: Provides for Licensure and Regulation of Nurse Staffing

    Posted 05-23-2022 15:28
    Hi Richard:

    Thanks very much for your post re: LA HB 958.

    We have been very involved with the this bill since the beginning and have been working with a local lobbyist since last month. As you said, we feel like most of the bill is either positive or not overly onerous, except for Section H. While the bill did pass the House last week, we have secured amendment language that would address your (and our) concerns with Section H. It is compromise language that would allow for conversion fees to protect staffing firms but also provide a time table for those conversion fees to zero out. There is also language dealing with employees that have worked for the health care facility before that are being placed there by the staffing agency.  We have been assured that either our amendment passes the Senate and becomes part of the bill or the bill is killed. Given that we worked out our language with the main proponents of the bill, we think we are in good shape, but we will continue to watch the bill and our lobbyist will stay on top of everything to make sure nothing goes sideways at the last minute. 

    If I can be of any additional help, please let me know. 

    Thanks
    Toby


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    Toby Malara
    Vice President, Government Affairs
    American Staffing Association
    Alexandria VA
    (703) 253-2020
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  • 3.  RE: Louisiana House Bill No. 958: Health Care / Providers: Provides for Licensure and Regulation of Nurse Staffing

    Posted 05-23-2022 16:41
    Thank you Toby! I look forward to following this Bill through the Senate!

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    Richard Ammon
    Vice President
    AMMON Staffing
    Baton Rouge LA
    (225) 293-1171
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  • 4.  RE: Louisiana House Bill No. 958: Health Care / Providers: Provides for Licensure and Regulation of Nurse Staffing

    Posted 05-24-2022 09:59
    Richard, you are correct. That is exactly what it says. 

    "Nurse staffing agencies may not contractually obligate any nurse staffing agency employee or contracted staff nor any provider to any terms restricting the nurse staffing agency's employee or contracted staff to accept nor any provider's ability to hire which in any way restricts the nurse staffing agency employee or contracted staff from accepting employment within his trade with any provider within the state."


    This is purposefully written to prevent companies from the contractual obligation of paying fees to staffing agencies for finding them staff.  It is a license to steal services.  They may say it does not mean that, but it says that. So, if that was not their intention, they should have no problem rewriting it, but they won't. It will either pass or not, but they will not rewrite it because that was their intention. It was written by politicians in the medical industry's pockets. Simple as that.

    BEWARE of this bill. All staffing firms are next if this passes. 



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    Tom Ramsey
    President
    Total Placement Staffing
    Waco TX
    (254) 751-7313
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  • 5.  RE: Louisiana House Bill No. 958: Health Care / Providers: Provides for Licensure and Regulation of Nurse Staffing

    Posted 05-24-2022 11:26
    Obviously any legislation seeking to regulate the industry should be contested. However, this is more narrowly targeted at removing restrictive covenants within candidate's employment agreements. There isn't anything about regulating payment of conversion fees. Speaking from experience, our company has lost a few placements in which candidates were spooked/threatened by their current agency (always it was a smaller agency) to hold them accountable to a restrictive covenant purporting to prevent them from working for another staffing agency. This isn't good for anyone - it just reinforces the current narrative that staffing organizations are exploitative.

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    Sean Barber
    CEO
    Pluto Healthcare
    Columbus OH
    (513) 600-7331
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  • 6.  RE: Louisiana House Bill No. 958: Health Care / Providers: Provides for Licensure and Regulation of Nurse Staffing

    Posted 05-24-2022 14:03
    Hi Richard, 

    We do not operate in Louisiana, however, our state governor in Iowa just signed a similar bill last week. It includes a section with similar verbiage and some clarification on fees, so we share in your concerns.

    "3. a. A health care employment agency shall not do any of the following:
    (1) Restrict in any manner the employment opportunities
    of an agency worker by including a non-compete clause in any
    contract with an agency worker or health care entity.
    (2) In any contract with an agency worker or health care
    entity, require payment of liquidated damages, employment fees,
    or other compensation if the agency worker is subsequently
    hired as a permanent employee of the health care entity."

    After gaining insight from Toby Malara, we are awaiting final rules and in turn will review our customer and contractor agreements. Our fingers are crossed for no additional language on perm fees OR maximum charges/ caps like the states of Minnesota and Massachusetts. I find the below ASA link helpful to reviewing other state regulatory agencies that have enforced healthcare staffing firm laws. 

    State Regulatory Agencies Responsible for Enforcing Health Care Staffing Firm Laws - American Staffing Association
     
    Amy

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    Amy Sheaffer CHP
    Vice President
    A-1 Medical Staffing
    Clive IA
    (515) 274-9525
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  • 7.  RE: Louisiana House Bill No. 958: Health Care / Providers: Provides for Licensure and Regulation of Nurse Staffing

    Posted 05-25-2022 09:53
    Hi Amy, 

    These types of statutes obviously do not appear without someone or some entity pushing the agenda. We work with hundreds of healthcare staffing firms, and what we are seeing is a push for healthcare facilities to become their own agency. One of the reasons is that they are seeing that the 5% fee that the MSPs are charging are actually coming our of their billing rates. (i.e. the hospital pays $100, the MSP keeps $5, and the talent providers get $95.) 
    They see that for every $10M in spend, if they become their own MSP, they can charge 5%, which gives them $500,000 to hire staff to manage it. Obviously to accomplish this, they need people for their own agency, hence the push for such legislation. We are just a bystander, but it wouldn't surprise me if state hospital associations jump on the bandwagon for their members. 

    The market is definitely changing in the healthcare staffing world, but regardless of legislation, we only see growth for staffing agencies in this space. 

    Cheers!

    ------------------------------
    [Timothy] [Teague]
    [President]
    [Bluesky Medical Staffing Software]
    [Nasvhille] [TN]
    [5026414004]
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