48-4104. Health care staffing agency; duties.
460 words·~2 min read·
/ne/chapter-48/48-4104A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A health care staffing agency shall:
(a)Ensure that each worker complies with all applicable requirements relating to the federal and state licensing, certification, registration, and health care requirements and qualifications for personnel providing direct services in a health care entity. Unless the contract between the health care entity and the health care staffing agency provides otherwise, the health care staffing agency shall not be responsible for each worker's compliance with the health care entity's organization-specific requirements;
(b)Document that each worker meets the minimum federal and state licensing, certification, registration, and health care requirements as applicable for the worker's position in the health care entity;
(c)Maintain a record for each worker and report, file, or otherwise provide any required documentation to any external party or regulator if such duties would otherwise be the responsibility of the health care entity if the worker was an employee of the health care entity. A health care technology platform shall make available records stored on the platform for all workers, including documents required pursuant to subdivisions (1)(b) and
(d)and subsection
(2)of this section; and
(d)Maintain or require each worker to maintain professional and general liability insurance coverage with minimum per occurrence coverage of one million dollars and aggregate coverage of three million dollars to insure against loss, damage, or expense incident to a claim arising out of the death or injury of any individual as the result of negligence or malpractice in the provision of services by the health care staffing agency or a worker of the agency.
(2)A health care staffing agency shall provide the department with
(a)proof of a certificate or policy of insurance written by an insurance carrier duly authorized to do business in this state which gives the effective dates of workers' compensation insurance coverage indicating that it is in force,
(b)proof of a certificate evidencing approval of self-insurance privileges as provided by the Nebraska Workers' Compensation Court pursuant to section 48-145 ,
(c)a signed statement indicating that the health care staffing agency is not required to carry workers' compensation insurance pursuant to the Nebraska Workers' Compensation Act, or
(d)proof of a certificate evidencing occupational accident coverage for all workers employed by the health care staffing agency in the state.
(3)A health care staffing agency that ceases to engage in the business of or act as a health care staffing agency shall notify the department of such fact and maintain all files and other records relating to its business as a health care staffing agency in Nebraska for a period of two years. Such files and records shall be made available to the department within fourteen calendar days after such files and records are requested by the department.