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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
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," providing for health care worker
platforms; and imposing duties on the Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
chapter to read:
CHAPTER 8-D
HEALTH CARE WORKER PLATFORMS
Section 801-D. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Department." The Department of Health of the Commonwealth.
"Health care facility." A facility used to provide health
care or related services.
"Health care worker." A health care professional or worker
who provides health care or directly related services to
patients, including professionals or workers who are providing a
type of service to patients that does not require a license.
"Health care worker hour limit." A total of 32 hours in any
calendar week, as regularly implemented for scheduling purposes
by the health care facility, at a single health care facility.
"Health care worker platform." A person, corporation,
partnership or association that operates or offers a platform
and adheres to the operational requirements of section 804-D.
"Platform." An electronic platform, system or application
through which health care workers can accept one or more shifts
to perform health care related services at a health care
facility.
Section 802-D. Registration.
(a) Registration requirements.--Each health care worker
platform shall register with the department prior to operating a
platform in this Commonwealth.
(b) Application.--In the case of a health care worker
platform operating in this Commonwealth as of the effective date
of this subsection, the health care worker platform shall submit
an application for registration to the department within 30 days
of the effective date of this subsection. The health care worker
platform may continue operating during the pendency of the
application.
(c) Application requirements.--An application for
registration must contain the following:
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(1) The name of each shareholder or owner of the health
care worker platform with an ownership interest greater than
10%.
(2) The name of each officer and director of the health
care worker platform, or the name of each member and partner
of the health care worker platform who are actively involved
in the management of the health care worker platform.
(3) The certificate of good standing of the health care
worker platform.
(4) The articles of incorporation or other establishing
document of the health care worker platform.
(5) A certification that the health care worker platform
is aware of and will comply with the requirements of this
chapter.
(d) Application fee.--Each applicant for registration shall
pay an application fee of $1,000.
(e) Departmental review and decision.--The department shall
review and issue a decision on each application for registration
within 30 days of the submission of the application. The
department shall approve the application and issue the
registration if the applicant has submitted a complete
application, paid the application fee and meets the registration
requirements under this chapter.
(f) Appeal.--The department shall allow an appeal of any
decision not to approve an application of a health care worker
platform.
(g) Term.--A registration issued under this chapter to a
health care worker platform is valid for one year from the date
of issuance.
(h) Renewal.--A health care worker platform shall renew a
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registration under this chapter by:
(1) submitting a renewal application to the department
and either certifying no information required for
registration has changed or providing updated information as
appropriate; and
(2) paying a renewal fee of $1,000.
(i) Renewal decision.--The department shall review and issue
a decision on each application for renewal within 30 days of the
submission of the application. The department shall approve the
application and issue the renewal if the applicant has submitted
a complete renewal application, paid the renewal fee and
continues to meet the registration requirements under this
chapter.
(j) Appeal of renewal decision.--The department shall allow
an appeal of any decision not to approve an application of a
health care worker platform. The health care worker platform may
continue to operate during the pendency of a renewal application
or an appeal of a denial of a renewal application.
(k) Departmental authority.--The department may deny, refuse
to renew, revoke or suspend a health care worker platform
registration for any of the following reasons:
(1) Lack of financial solvency or suitability.
(2) Failure to comply with the conditions or
requirements that must be met to obtain and retain a
registration.
(3) Material failure to comply with any other
requirement of this chapter or the rules adopted under this
chapter.
(4) Knowingly providing a health care worker with an
illegally or fraudulently obtained or issued diploma,
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registration, license, certificate or criminal records check.
Section 803-D. Recordkeeping.
(a) Record retention.--A health care worker platform shall
retain records demonstrating the following:
(1) Each health care worker using the platform:
(i) Meets minimum applicable licensing, training
and, where applicable, continuing education standards for
the role or roles that the health care worker is seeking
on the platform.
(ii) Has completed and passed a criminal records
check.
(iii) Has passed an exclusion check from the United
States Department of Health and Human Services Office of
Inspector General.
(iv) Has professional references.
(2) Each health care worker using the platform who
provides direct services to patients:
(i) Has completed an annual physical.
(ii) Has a current CPR certification.
(3) The health care worker platform maintains
occupational accident insurance that applies to the work of
health care workers who attain work through the platform.
(4) The health care worker platform maintains general
liability and professional liability insurance.
(b) Record retention period.--A health care worker platform
shall retain the records required by subsection (a) for at least
three years.
Section 804-D. Operational requirements.
(a) Employment status.--A health care worker shall be deemed
to be an independent contractor and not an employee of a health
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care worker platform or a health care facility for the purposes
of all State and local laws, regulations, ordinances and
resolutions if all of the following are met:
(1) The health care worker platform and health care
worker agree either in writing or electronically that the
health care worker is an independent contractor for all work
attained through the platform.
(2) The health care worker platform allows each health
care worker to decide whether to accept a shift at a health
care facility without any requirement that a health care
worker accepts a minimum number of shifts.
(3) The health care worker platform allows each health
care worker to agree, either in writing or electronically, to
the hourly rates offered or set by the health care facility
or the health care worker platform.
(4) The health care worker may accept or reject work
shifts with any health care facility without being penalized
by the health care worker platform.
(5) The health care worker platform does not require the
health care worker to be available to accept or fulfill any
particular work shifts during specific hours or on specific
days.
(6) The health care worker platform does not restrict
the health care worker from engaging in any other occupation
or business, including, but not limited to, health care work
or health care related work.
(7) The health care worker platform does not require the
health care worker to use specific equipment, tools or other
supplies.
(8) The health care worker platform does not prescribe
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or control the means and methods for the services performed
by a health care worker at a health care facility.
(9) The contract or other agreement between the health
care worker and the health care worker platform may be
terminated by either party with or without cause.
(10) The health care worker is responsible for the
payment of all Federal, State and local taxes on the health
care worker's earnings derived from all services performed
for health care facilities attained through the platform.
(11) The health care worker does not work more than the
health care worker hour limit for more than two consecutive
seven-day periods.
(b) Exception.--Notwithstanding subsection (a), if a health
care worker exceeds the health care worker hour limit for more
than two consecutive seven-day periods, the determination of
that individual's employment status shall be governed by
otherwise applicable law.
(c) Prohibitions.--A health care worker platform may not
conduct any of the following in operating the platform:
(1) Require a health care worker to enter into a
noncompete agreement with the platform.
(2) Require a health care worker or health care facility
to pay any fee or compensation to the platform if a health
care worker accepts an offer of employment from a health care
facility.
(3) Restrict a health care worker from accepting shifts
through another platform or from a health care facility that
does not offer shifts on the platform, except that a health
care worker platform may remove from the specific platform a
health care worker who repeatedly accepts simultaneous shifts
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on two different health care worker platforms.
(4) Take adverse action against a health care worker due
to the health care worker's membership or lack of membership
in a labor organization.
(d) Advertisement.--Nothing in this chapter shall be
construed to prohibit a health care worker platform from
generally advertising to the public that the health care worker
platform is seeking use of the platform by health care workers.
Section 805-D. Exclusion.
A health care worker platform that is registered under this
chapter shall be excluded from the definition of "temporary
health care services agency" in section 801-B.
Section 2. This act shall take effect in 60 days.
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