(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.

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(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.