SF 1678

Introduction - 94th Legislature (2025 - 2026)

Posted on 02/21/2025 10:09 a.m.

A bill for an act
relating to health; requiring health care worker platforms to register with the
commissioner of health; appropriating money; amending Minnesota Statutes 2024,
section 144A.74; proposing coding for new law in Minnesota Statutes, chapter
144A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 144A.74, is amended to read:

144A.74 MAXIMUM CHARGES.

A supplemental nursing services agency new text begin or a health care worker platform as defined in
section 144A.761, subdivision 5, new text end must not bill or receive payments from a nursing home
licensed under this chapter at a rate higher than 150 percent of the sum of the weighted
average wage rate, plus a factor determined by the commissioner to incorporate payroll
taxes as defined in section 256R.02, subdivision 37, for the applicable employee classification
for the geographic group specified in section 256R.23, subdivision 4. The weighted average
wage rates must be determined by the commissioner of human services and reported to the
commissioner of health on an annual basis. Wages are defined as hourly rate of pay and
shift differential, including weekend shift differential and overtime. Facilities shall provide
information necessary to determine weighted average wage rates to the commissioner of
human services in a format requested by the commissioner. The maximum rate must 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 nursing home new text begin or for the
health care workers who book and work shifts at a nursing home via a health care worker
platform new text end . A nursing home new text begin : (1) new text end that pays for the actual travel and housing costs for
supplemental nursing services agency staff working at the facility new text begin or for health care workers
who book and work shifts via a health care worker platform while the workers are working
at the facility; new text end and new text begin (2) new text end that pays these costs to the employee new text begin or worker new text end , the agency, or another
vendor, is not violating the limitation on charges described in this section.

Sec. 2.

new text begin [144A.761] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of sections 144A.761 to 144A.764, the following
terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 3. new text end

new text begin Health care facility. new text end

new text begin "Health care facility" means a hospital, boarding care
home, or outpatient surgical center licensed under sections 144.50 to 144.58; a nursing
home or home care provider licensed under this chapter; an assisted living facility licensed
under chapter 144G; or a board and lodging establishment registered under section 157.17
to provide supportive services or health supervision services.
new text end

new text begin Subd. 4. new text end

new text begin Health care worker. new text end

new text begin "Health care worker" means a worker who provides
services on a temporary basis at one or more health care facilities. Health care worker
includes a licensed health professional, a worker who provides health services to patients
for which a license is not required, and a worker who provides dietary, housekeeping, or
administrative services.
new text end

new text begin Subd. 5. new text end

new text begin Health care worker platform. new text end

new text begin "Health care worker platform" means a person,
corporation, partnership, or association that operates or offers an electronic platform, system,
or application through which health care workers can accept one or more shifts to provide
services on a temporary basis at a health care facility. A health care worker platform is not
a supplemental nursing services agency as defined in section 144A.70, subdivision 6.
new text end

Sec. 3.

new text begin [144A.762] REGISTRATION OF HEALTH CARE WORKER PLATFORMS.
new text end

new text begin Subdivision 1. new text end

new text begin Oversight. new text end

new text begin The commissioner is responsible for ensuring compliance
with sections 144A.761 to 144A.764.
new text end

new text begin Subd. 2. new text end

new text begin Registration required. new text end

new text begin (a) A health care worker platform must register with
the commissioner prior to operating in the state and annually thereafter.
new text end

new text begin (b) Notwithstanding paragraph (a), a health care worker platform operating in Minnesota
as of July 1, 2025, must submit a registration application to the commissioner by October
1, 2025, and may continue to operate in Minnesota while its application is pending.
new text end

new text begin Subd. 3. new text end

new text begin Application for initial registration. new text end

new text begin The commissioner must establish
application forms for initial registration and procedures for processing applications for initial
registration. An application for initial registration must include at least the following:
new text end

new text begin (1) the name of each of the health care worker platform's shareholders and owners with
an ownership interest of greater than five percent;
new text end

new text begin (2) the name of each of the health care worker platform's officers and directors or the
names of each of the health care worker platform's members and partners;
new text end

new text begin (3) the health care worker platform's certificate of good standing issued under section
5.12;
new text end

new text begin (4) the health care worker platform's articles of incorporation or other establishing
documents;
new text end

new text begin (5) an attestation by the health care worker platform that it acknowledges and will operate
in compliance with sections 144A.74 and 144A.761 to 144A.764;
new text end

new text begin (6) proof of compliance with section 144A.763, subdivision 2, paragraphs (a) and (b),
regarding proof of insurance;
new text end

new text begin (7) an initial registration application fee in the amount specified in subdivision 4; and
new text end

new text begin (8) other information the commissioner determines is necessary to evaluate the initial
registration application.
new text end

new text begin Subd. 4. new text end

new text begin Registration fees. new text end

new text begin (a) An applicant for initial registration must submit with the
application an initial registration application fee of $........ An applicant for registration
renewal must submit with the application a registration renewal application fee of $........
new text end

new text begin (b) Fees collected under this subdivision must be deposited in the state treasury and
credited to the state government special revenue fund.
new text end

new text begin Subd. 5. new text end

new text begin Consideration of application; period of validity. new text end

new text begin (a) The commissioner must
review and issue a decision on each application for initial registration within 30 days after
the application is submitted.
new text end

new text begin (b) The commissioner must approve a health care worker platform's application and
issue a registration if the applicant submitted a complete application, paid the initial
registration application fee, and meets the registration requirements in sections 144A.761
to 144A.764.
new text end

new text begin (c) If an applicant fails to submit to the commissioner the information or fee required
under subdivision 3, the commissioner may refuse to issue a registration to the health care
worker platform.
new text end

new text begin (d) A registration issued under this section is effective for one year from the date of
issuance, unless:
new text end

new text begin (1) the registration is revoked or suspended under subdivision 8; or
new text end

new text begin (2) the health care worker platform is sold or the ownership or management of the health
care worker platform is transferred.
new text end

new text begin Subd. 6. new text end

new text begin Renewal. new text end

new text begin (a) The commissioner must establish application forms for registration
renewal and procedures for processing applications for registration renewal. A health care
worker platform that holds a current registration and through which health care workers
accepted shifts at health care facilities in the state during the year preceding the registration
renewal date may apply for registration renewal by:
new text end

new text begin (1) submitting to the commissioner an application for registration renewal in which the
applicant either:
new text end

new text begin (i) certifying that there are no changes to the information on the applicant's most recent
application submitted to the commissioner; or
new text end

new text begin (ii) updating information that changed since the applicant's most recent application
submitted to the commissioner; and
new text end

new text begin (2) submitting a registration renewal application fee in the amount specified in subdivision
4.
new text end

new text begin A health care worker platform that holds a current registration, through which health care
workers did not accept shifts at health care facilities in the state during the year preceding
the registration renewal date, and that wishes to renew its registration must apply for
registration according to subdivision 3.
new text end

new text begin (b) The commissioner must review and issue a decision on each application for
registration renewal within 30 days after the application is submitted. The commissioner
must renew the applicant's registration if the applicant submitted a complete application,
paid the registration renewal application fee, and continues to meet the registration
requirements in sections 144A.761 to 144A.764. A registered health care worker platform
may continue to operate in the state while the platform's registration renewal application is
pending.
new text end

new text begin Subd. 7. new text end

new text begin Appeals. new text end

new text begin An entity that applied for registration or a registered health care
worker platform may appeal the commissioner's decision to not approve an application for
registration, to suspend a registration, to revoke a registration, or to not renew a registration.
A registered health care worker platform may continue to operate in the state while the
platform's appeal of the decision to not renew the platform's registration is pending.
new text end

new text begin Subd. 8. new text end

new text begin Denials, suspensions, and revocations. new text end

new text begin The commissioner may deny, refuse
to renew, revoke, or suspend the registration of a health care worker platform for:
new text end

new text begin (1) lack of financial solvency or suitability;
new text end

new text begin (2) failing to submit the information or fee required for initial registration or registration
renewal;
new text end

new text begin (3) failing to meet the requirements in sections 144A.761 to 144A.764; or
new text end

new text begin (4) knowingly providing a health care worker with an illegally or fraudulently obtained
or issued diploma; registration, license, or certificate to practice as a health care worker; or
criminal records check result.
new text end

new text begin Subd. 9. new text end

new text begin Registration not transferable. new text end

new text begin When a health care worker platform is sold or
ownership or management of a health care worker platform is transferred, the registration
must be voided no later than 90 days after the transfer, and the new owner or operator may
apply for a new registration.
new text end

Sec. 4.

new text begin [144A.763] OPERATIONAL REQUIREMENTS FOR HEALTH CARE
WORKER PLATFORMS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited acts. new text end

new text begin (a) In operating the platform, a health care worker
platform is prohibited from:
new text end

new text begin (1) requiring a health care worker to enter into a covenant not to compete. This clause
shall not be construed to limit the protections in section 181.988;
new text end

new text begin (2) requiring a health care worker or health care facility to pay a fee or compensation
to the health care worker platform if a health care worker accepts an offer of employment
from a health care facility;
new text end

new text begin (3) restricting a health care worker from engaging in another occupation or business,
including but not limited to other health care work or other work in a health care facility;
or
new text end

new text begin (4) restricting a health care worker from accepting shifts through another health care
worker platform or from a health care facility that does not offer shifts on this health care
worker platform, except that a health care worker platform may remove from the platform
a health care worker who accepts simultaneous shifts on two different health care worker
platforms.
new text end

new text begin (b) A health care worker must not accept shifts through a health care worker platform
at a single health care facility for 90 or more consecutive days.
new text end

new text begin (c) Nothing in sections 144A.761 to 144A.764 shall be construed to prohibit a health
care worker platform from generally advertising to the public that the health care worker
platform is seeking health care workers to accept shifts through the platform.
new text end

new text begin Subd. 2. new text end

new text begin Insurance coverage and liability for payment of taxes. new text end

new text begin (a) A health care
worker platform must maintain occupational accident insurance that applies to the work of
health care workers who accept shifts through the platform.
new text end

new text begin (b) A health care worker platform must maintain general liability insurance and
professional liability insurance.
new text end

new text begin (c) A health care worker platform must notify health care workers that the health care
worker is responsible for the payment of all federal and state individual income taxes owed
on the health care worker's earnings for shifts accepted through the platform.
new text end

new text begin Subd. 3. new text end

new text begin Record keeping. new text end

new text begin (a) A health care worker platform must retain records
demonstrating that each health care worker using the platform:
new text end

new text begin (1) meets at least the minimum applicable licensing, training, and continuing education
requirements for the position for which the health care worker is seeking to accept shifts
through the platform;
new text end

new text begin (2) has completed and passed a criminal records check;
new text end

new text begin (3) has completed an exclusion check from the United States Department of Health and
Human Services Office of the Inspector General;
new text end

new text begin (4) has professional references; and
new text end

new text begin (5) meets all pertinent requirements relating to the health and other qualifications of
personnel working in health care facilities.
new text end

new text begin (b) A health care worker platform must retain the records required under paragraph (a)
until five years after the date the health care worker last accepted a shift through the platform.
Upon request by the commissioner, a health care platform must make available to the
commissioner the records required under paragraph (a).
new text end

Sec. 5.

new text begin [144A.764] APPLICATION OF SUPPLEMENTAL NURSING SERVICES
AGENCY LAWS.
new text end

new text begin A health care worker platform registered under sections 144A.761 to 144A.764 is not
a supplemental nursing services agency as defined in section 144A.70, subdivision 6. A
supplemental nursing services agency is prohibited from registering as a health care worker
platform under sections 144A.761 to 144A.764.
new text end

Sec. 6. new text begin APPROPRIATIONS.
new text end

new text begin $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the state
government special revenue fund to the commissioner of health for the registration of health
care worker platforms under Minnesota Statutes, sections 144A.761 to 144A.764.
new text end