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

The requirement for temporary health care services agencies and health care technology platforms to register with the Department, as set forth in Article 29-K of the PHL, went into effect on August 1, 2023. The deadline for submission of the registration file and appendices has been extended to November 15, 2023. Any person operating a temporary health care services agency in New York State must submit the registration file, along with Appendices 1-5, and renewal fee by November 15, 2023. The submission of the quarterly reporting file, as well as Appendices 6-9, will be due by November 30, 2023 and quarterly thereafter. We have compiled questions from the mailbox and briefing. The Frequently Asked Questions (FAQ) document has been posted, below. You may continue submitting questions to TempAgencyRegistration@health.ny.gov.

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 applicant must submit required materials and a renewal fee of $1,000. The Registration file and renewal fee are due by November 15, 2023.

  • Registration file: Each agency will download and complete the Registration file, which contains four (4) tabs that must be completed. The submission of Registration data must include five (5) additional appendices, including an attestation. The Registration file and appendices are due by November 15, 2023.
  • Check Information Form and fee: Each agency must download and complete the Check Information Form and submit with a check for $1,000. The Check Information Form and fee are due by November 15, 2023.

Quarterly Reporting Instructions

Quarterly Reporting file: Each agency will download and complete the Quarterly Reporting file, which contains several tabs that must be completed. The submission of Quarterly Reporting data must include four (4) additional appendices, or sets of information and files, including an attestation. Quarter 1 reporting for August 1, 2023 - October 31, 2023 is due by November 30, 2023, and quarterly thereafter.

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

  • Due by November 30, 2023: August 1, 2023 - October 31, 2023
  • Due by January 31, 2024: November 1, 2023 - December 31, 2023
  • Due by April 30, 2024: Quarter 1 (January 1, 2024 – March 31, 2024)
  • Due by July 31, 2024: Quarter 2 (April 1, 2024 – June 30, 2024)
  • Due by October 31, 2024: Quarter 3 (July 1, 2024 – September 30, 2024)
  • Due by January 31, 2025: Quarter 4 (October 1, 2024 – December 31, 2024)

Links to Files

Instructions for Submitting Data

The Department is collecting data submissions using the secure file transfer tool, SendVault. To submit your Registration file including five (5) appendices (due November 15) and your Quarterly Reporting file including four (4) appendices (due November 30) please follow the steps below.

  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., "XYZ Temporary Staffing Agency - August 1, 2023 - October 31, 2023") 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. The Check Information Form and fee are due by November 15, 2023.

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

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