HB991: HB991 Labor and industrial relations; definition of employment for certain services performed by certain healthcare technology platform contractors; provisions

26 LC 52 0984S The House Committee on Industry and Labor offers the following substitute to HB 991: A BILL TO BE ENTITLED AN ACT To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial1 relations, so as to provide for an exception to the definition of employment for certain2 services performed by certain healthcare technology platform co ntractors utilizing a3 healthcare technology platform company's application or platform to facilitate such services;4 to provide for conditions; to require healthcare technology platform companies to maintain5 certain insurance coverage; to provide for definitions; to prov ide for related matters; to6 provide for an effective date; to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations,10 is amended in Article 2 of Chapter 8, relating to definitions relative to employment security,11 by adding a new paragraph to subsection (n) of Code Section 34- 8-35, relating to12 employment, to read as follows:13 "(16.2)(A) Healthcare or directly related services performed at a healthcare facility in14 this state by a healthcare technology platform contractor facilitated through a healthcare15 technology platform company's application or platform, provided that such company16 H. B. 991 (SUB) - 1 - 26 LC 52 0984S has a written contract with such contractor, with which such company is in compliance,17 that expressly provides that such company shall not:18 (i) Unilaterally prescribe specific dates, times of day, or a minimum number of hours19 during which an individual is required to be available to provide services;20 (ii) Terminate such contract for not accepting, and shall not require an individual to21 accept, any specific service or shift request as a condition of maintaining access to22 such company's application or platform;23 (iii) Restrict an individual from performing services through other healthcare24 technology platform companies, except while the individual is p erforming services25 facilitated through such company;26 (iv) Contractually restrict an individual from working in any other lawful occupation27 or business;28 (v) Require an individual to use specific equipment, tools, or other supplies;29 (vi) Prescribe or control the means and methods for the servic es performed by an30 individual at a healthcare facility; or31 (vii) Assess a fee or otherwise require compensation from a he althcare facility or32 healthcare technology platform contractor if such contractor ac cepts an offer of33 employment from such facility.34 (B) The exclusion provided under this paragraph only applies to healthcare or directly35 related services performed at a healthcare facility in this sta te by a healthcare36 technology platform contractor facilitated through a healthcare technology platform37 company's application or platform and shall not be construed to affect the classification38 of a healthcare technology platform contractor under any other circumstances.39 (C) As used in this paragraph, the term:40 (i) 'Healthcare facility' means any facility used to provide h ealthcare or directly41 related services, including, but not limited to, hospitals; oth er special care units;42 skilled nursing facilities; intermediate care facilities; assis ted living communities;43 H. B. 991 (SUB) - 2 - 26 LC 52 0984S personal care homes; ambulatory surgical or obstetrical facilities; health maintenance44 organizations; home health agencies; and diagnostic, treatment, or rehabilitation45 centers.46 (ii) 'Healthcare technology platform company' means a person t hat maintains an47 online enabled application or platform used to facilitate the delivery of healthcare or48 directly related services at a healthcare facility in this stat e and through which a49 healthcare technology platform contractor can accept one or more shifts to perform50 healthcare or directly related services at a healthcare facility in this state; provided,51 however, that such company shall maintain general and professi onal liability52 insurance coverage for such contractors during the performance of any such services53 facilitated through such company's application or platform.54 (iii) 'Healthcare technology platform contractor' means any healthcare professional55 or worker who performs healthcare or directly related services at a healthcare facility56 in this state facilitated through a healthcare technology platf orm company's57 application or platform. Such term shall include licensed healthcare professionals and58 workers who are not required to be licensed.59 (iv) 'Person' means an individual, partnership, association, corporation, or any other60 organized group of persons;"61 SECTION 2.62 This Act shall become effective upon its approval by the Governor or upon its becoming law63 without such approval.64 SECTION 3.65 All laws and parts of laws in conflict with this Act are repealed.66 H. B. 991 (SUB) - 3 -