HB 1166 — An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, providing for health care worker platforms; and imposing duties on the Department of Health.

PRINTER'S NO.   1292

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1166
                                               Session of
                                                 2025

     INTRODUCED BY BURGOS, K.HARRIS, MADDEN, HILL-EVANS, GIRAL,
        SANCHEZ, CEPEDA-FREYTIZ, D. WILLIAMS, STEELE AND GREEN,
        APRIL 7, 2025

     REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 7, 2025


                                      AN ACT
 1   Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
 2      act relating to health care; prescribing the powers and
 3      duties of the Department of Health; establishing and
 4      providing the powers and duties of the State Health
 5      Coordinating Council, health systems agencies and Health Care
 6      Policy Board in the Department of Health, and State Health
 7      Facility Hearing Board in the Department of Justice;
 8      providing for certification of need of health care providers
 9      and prescribing penalties," providing for health care worker
10      platforms; and imposing duties on the Department of Health.
11      The General Assembly of the Commonwealth of Pennsylvania
12   hereby enacts as follows:
13      Section 1.    The act of July 19, 1979 (P.L.130, No.48), known
14   as the Health Care Facilities Act, is amended by adding a
15   chapter to read:
16                               CHAPTER 8-D
17                       HEALTH CARE WORKER PLATFORMS
18   Section 801-D.    Definitions.
19      The following words and phrases when used in this chapter
20   shall have the meanings given to them in this section unless the
21   context clearly indicates otherwise:
 1      "Department."   The Department of Health of the Commonwealth.
 2      "Health care facility."   A facility used to provide health
 3   care or related services.
 4      "Health care worker."    A health care professional or worker
 5   who provides health care or directly related services to
 6   patients, including professionals or workers who are providing a
 7   type of service to patients that does not require a license.
 8      "Health care worker hour limit."        A total of 32 hours in any
 9   calendar week, as regularly implemented for scheduling purposes
10   by the health care facility, at a single health care facility.
11      "Health care worker platform."        A person, corporation,
12   partnership or association that operates or offers a platform
13   and adheres to the operational requirements of section 804-D.
14      "Platform."   An electronic platform, system or application
15   through which health care workers can accept one or more shifts
16   to perform health care related services at a health care
17   facility.
18   Section 802-D.   Registration.
19      (a)   Registration requirements.--Each health care worker
20   platform shall register with the department prior to operating a
21   platform in this Commonwealth.
22      (b)   Application.--In the case of a health care worker
23   platform operating in this Commonwealth as of the effective date
24   of this subsection, the health care worker platform shall submit
25   an application for registration to the department within 30 days
26   of the effective date of this subsection. The health care worker
27   platform may continue operating during the pendency of the
28   application.
29      (c)   Application requirements.--An application for
30   registration must contain the following:

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 1             (1)   The name of each shareholder or owner of the health
 2      care worker platform with an ownership interest greater than
 3      10%.
 4             (2)   The name of each officer and director of the health
 5      care worker platform, or the name of each member and partner
 6      of the health care worker platform who are actively involved
 7      in the management of the health care worker platform.
 8             (3)   The certificate of good standing of the health care
 9      worker platform.
10             (4)   The articles of incorporation or other establishing
11      document of the health care worker platform.
12             (5)   A certification that the health care worker platform
13      is aware of and will comply with the requirements of this
14      chapter.
15      (d)    Application fee.--Each applicant for registration shall
16   pay an application fee of $1,000.
17      (e)    Departmental review and decision.--The department shall
18   review and issue a decision on each application for registration
19   within 30 days of the submission of the application. The
20   department shall approve the application and issue the
21   registration if the applicant has submitted a complete
22   application, paid the application fee and meets the registration
23   requirements under this chapter.
24      (f)    Appeal.--The department shall allow an appeal of any
25   decision not to approve an application of a health care worker
26   platform.
27      (g)    Term.--A registration issued under this chapter to a
28   health care worker platform is valid for one year from the date
29   of issuance.
30      (h)    Renewal.--A health care worker platform shall renew a

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 1   registration under this chapter by:
 2            (1)   submitting a renewal application to the department
 3      and either certifying no information required for
 4      registration has changed or providing updated information as
 5      appropriate; and
 6            (2)   paying a renewal fee of $1,000.
 7      (i)     Renewal decision.--The department shall review and issue
 8   a decision on each application for renewal within 30 days of the
 9   submission of the application. The department shall approve the
10   application and issue the renewal if the applicant has submitted
11   a complete renewal application, paid the renewal fee and
12   continues to meet the registration requirements under this
13   chapter.
14      (j)     Appeal of renewal decision.--The department shall allow
15   an appeal of any decision not to approve an application of a
16   health care worker platform. The health care worker platform may
17   continue to operate during the pendency of a renewal application
18   or an appeal of a denial of a renewal application.
19      (k)     Departmental authority.--The department may deny, refuse
20   to renew, revoke or suspend a health care worker platform
21   registration for any of the following reasons:
22            (1)   Lack of financial solvency or suitability.
23            (2)   Failure to comply with the conditions or
24      requirements that must be met to obtain and retain a
25      registration.
26            (3)   Material failure to comply with any other
27      requirement of this chapter or the rules adopted under this
28      chapter.
29            (4)   Knowingly providing a health care worker with an
30      illegally or fraudulently obtained or issued diploma,

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 1      registration, license, certificate or criminal records check.
 2   Section 803-D.        Recordkeeping.
 3      (a)   Record retention.--A health care worker platform shall
 4   retain records demonstrating the following:
 5            (1)   Each health care worker using the platform:
 6                  (i)    Meets minimum applicable licensing, training
 7            and, where applicable, continuing education standards for
 8            the role or roles that the health care worker is seeking
 9            on the platform.
10                  (ii)    Has completed and passed a criminal records
11            check.
12                  (iii)    Has passed an exclusion check from the United
13            States Department of Health and Human Services Office of
14            Inspector General.
15                  (iv)    Has professional references.
16            (2)   Each health care worker using the platform who
17      provides direct services to patients:
18                  (i)    Has completed an annual physical.
19                  (ii)    Has a current CPR certification.
20            (3)   The health care worker platform maintains
21      occupational accident insurance that applies to the work of
22      health care workers who attain work through the platform.
23            (4)   The health care worker platform maintains general
24      liability and professional liability insurance.
25      (b)   Record retention period.--A health care worker platform
26   shall retain the records required by subsection (a) for at least
27   three years.
28   Section 804-D.        Operational requirements.
29      (a)   Employment status.--A health care worker shall be deemed
30   to be an independent contractor and not an employee of a health

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 1   care worker platform or a health care facility for the purposes
 2   of all State and local laws, regulations, ordinances and
 3   resolutions if all of the following are met:
 4          (1)     The health care worker platform and health care
 5      worker agree either in writing or electronically that the
 6      health care worker is an independent contractor for all work
 7      attained through the platform.
 8          (2)     The health care worker platform allows each health
 9      care worker to decide whether to accept a shift at a health
10      care facility without any requirement that a health care
11      worker accepts a minimum number of shifts.
12          (3)     The health care worker platform allows each health
13      care worker to agree, either in writing or electronically, to
14      the hourly rates offered or set by the health care facility
15      or the health care worker platform.
16          (4)     The health care worker may accept or reject work
17      shifts with any health care facility without being penalized
18      by the health care worker platform.
19          (5)     The health care worker platform does not require the
20      health care worker to be available to accept or fulfill any
21      particular work shifts during specific hours or on specific
22      days.
23          (6)     The health care worker platform does not restrict
24      the health care worker from engaging in any other occupation
25      or business, including, but not limited to, health care work
26      or health care related work.
27          (7)     The health care worker platform does not require the
28      health care worker to use specific equipment, tools or other
29      supplies.
30          (8)     The health care worker platform does not prescribe

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 1      or control the means and methods for the services performed
 2      by a health care worker at a health care facility.
 3            (9)    The contract or other agreement between the health
 4      care worker and the health care worker platform may be
 5      terminated by either party with or without cause.
 6            (10)    The health care worker is responsible for the
 7      payment of all Federal, State and local taxes on the health
 8      care worker's earnings derived from all services performed
 9      for health care facilities attained through the platform.
10            (11)    The health care worker does not work more than the
11      health care worker hour limit for more than two consecutive
12      seven-day periods.
13      (b)   Exception.--Notwithstanding subsection (a), if a health
14   care worker exceeds the health care worker hour limit for more
15   than two consecutive seven-day periods, the determination of
16   that individual's employment status shall be governed by
17   otherwise applicable law.
18      (c)   Prohibitions.--A health care worker platform may not
19   conduct any of the following in operating the platform:
20            (1)    Require a health care worker to enter into a
21      noncompete agreement with the platform.
22            (2)    Require a health care worker or health care facility
23      to pay any fee or compensation to the platform if a health
24      care worker accepts an offer of employment from a health care
25      facility.
26            (3)    Restrict a health care worker from accepting shifts
27      through another platform or from a health care facility that
28      does not offer shifts on the platform, except that a health
29      care worker platform may remove from the specific platform a
30      health care worker who repeatedly accepts simultaneous shifts

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 1      on two different health care worker platforms.
 2            (4)   Take adverse action against a health care worker due
 3      to the health care worker's membership or lack of membership
 4      in a labor organization.
 5      (d)   Advertisement.--Nothing in this chapter shall be
 6   construed to prohibit a health care worker platform from
 7   generally advertising to the public that the health care worker
 8   platform is seeking use of the platform by health care workers.
 9   Section 805-D.    Exclusion.
10      A health care worker platform that is registered under this
11   chapter shall be excluded from the definition of "temporary
12   health care services agency" in section 801-B.
13      Section 2.    This act shall take effect in 60 days.




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