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S2107ALicensing & Accreditation

Health and Safety - Healthcare Worker Platform Act

This bill requires apps that connect healthcare workers with facility shifts to be licensed and regulated by the state.

Introduced68 Yea0 Nay7 Not voting
Population
Affected
15
Introduced Jan 16, 2026Committee Senate Health & Human Services

Plain-English Summary

This bill creates the "Healthcare Worker Platform Act" to regulate electronic systems or apps that connect healthcare workers with open shifts at healthcare facilities. It requires these platforms to be licensed by the Department of Health and pay an annual fee of $1,000. The platforms must ensure that all workers using their app have passed national criminal background checks, hold valid licenses, complete required training, meet vaccination standards, and have proper insurance coverage. It also prohibits platforms from charging fees if a facility permanently hires a worker and requires platforms to submit annual statistical reports to the state.

For younger readers

Some computer apps help nurses and doctors find open work shifts at hospitals or clinics. This bill makes a new rule that the companies running these apps must get a special permission paper, called a license, from the state. To get this license, the app companies must make sure all the workers using their app have taken classes, are healthy, and have not committed serious crimes. The companies also have to pay a fee every year and send reports to the government showing how many people use the app and how much they get paid.

Who & Where It Applies

Impacted groups
Healthcare workersHealthcare facilitiesHealthcare worker platformsDepartment of HealthPatients
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The bill regulates commercial activities, sets licensing requirements for healthcare staffing platforms, and enforces standard background checks. These are well within the state's police powers to regulate public health and safety. The reporting requirements and price controls do not violate the Constitution, as courts generally uphold economic regulations that have a rational basis.

Estimated cost
None
Estimated revenue
Healthcare worker platforms: $1,000/yr per license; Unlicensed platforms: up to $5,000/fine per offense

Bill Analysis

Both viewpoints
For Progressives
  • Protects workers' rights and promotes upward mobility by banning non-compete restrictions and prohibiting platforms from charging "liquidated damages" fees if a worker is hired as a permanent employee by a facility.
  • Ensures rigorous public health and patient safety standards by mandating that platform workers pass national criminal background checks, maintain active credentials, and comply with state vaccination and infection control requirements.
  • Increases corporate transparency and accountability by requiring healthcare platforms to submit detailed annual statistical reports on worker pay rates, facility charges, and public health violations to the state.
  • Allows platforms to rely on occupational accident insurance instead of guaranteeing standard employee benefits, potentially perpetuating the gig economy model that excludes workers from traditional workers' compensation or health insurance.
  • Explicitly prohibits platform workers from accepting shifts for home nursing care providers or hospices, which could limit the availability of critical care for vulnerable, elderly, or disabled populations relying on home-based services.
  • The $5,000 maximum fine for operating an unlicensed platform may be too small of a financial penalty to effectively deter large, well-funded corporate platforms from violating state regulations.
For Conservatives
  • Legitimizes the gig economy model in healthcare by clearly excluding these platforms from the definition of traditional "nursing service agencies," allowing them to operate as independent tech connectors.
  • Promotes a flexible, independent workforce by protecting the rights of healthcare workers to act as independent contractors without being forced into specific shifts or restricted by non-compete clauses.
  • Mandates strict national criminal background checks and credential verification for all platform workers, supporting a strong law-and-order approach to patient safety and facility security.
  • Imposes burdensome new government regulations, licensing mandates, and a $1,000 annual fee on private tech businesses, restricting free enterprise and corporate freedom.
  • Enforces government price controls by legally requiring platforms to comply with maximum allowable rates and markups established by the Department of Health, directly interfering with free market pricing.
  • Mandates intrusive annual reporting requirements, forcing private companies to hand over sensitive business data—such as internal pay rates, deactivations, and facility charges—to state bureaucrats.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 170 additions

SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby amended by adding thereto the following chapter: 23-106-1. Title. This chapter shall be known and may be cited as the "Healthcare Worker Platform Act." 23-106-2. Definitions. For the purposes of this chapter, the following words and terms have the following meanings:

(a) “Healthcare worker platform" means any person, corporation, partnership, or association that operates or offers a platform. A “healthcare worker platform” is not considered a “nursing service agency” as defined in § 23-17.7.1-2.

(b) “Platform” means an electronic platform, system, or application through which healthcare workers can accept one or more shifts to perform healthcare related services at a healthcare facility.

(1) Notwithstanding any other provisions to the contrary, a healthcare worker platform shall be excluded from the definition of a “nursing service agency, as defined by § 23-17.1-2. To meet the definition of a platform, a healthcare worker platform shall not:

(i) Require a healthcare worker to work any specific shifts or specific number of shifts at a healthcare facility;

(ii) Restrict a healthcare worker from engaging in any other occupation or business or from working at a healthcare facility, with any nursing service agency, or through any other healthcare worker platform; or

(iii) Allow healthcare workers to accept any shifts to perform healthcare related services from home nursing care providers, home care providers, or hospices licensed in this state. 23-106-3. Licensure of healthcare worker platforms.

(a) No person shall establish, conduct, or maintain a healthcare worker platform in this state without a license issued pursuant to this chapter in accordance with § 23-106-4(c).

(b) Any person establishing, conducting, managing, or operating a healthcare worker platform without a license under this chapter shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than one year or both, in the discretion of the court, for each offense in accordance with § 23-106-4(c). 23-106-4. Rules and regulations.

(a) The director of the department of health shall promulgate rules and regulations to carry out the intent of this chapter.

(b) The department of health may assess an annual licensure fee of one thousand dollars ($1,000) per license.

(c) After September 1, 2027, or by the date the department of health has set for licensure of healthcare worker platforms pursuant to subsection (b) of this section, whichever is later, no healthcare worker platform shall operate a platform in this state, unless it is licensed pursuant to this section. 23-106-5. Minimum worker and patient protections.

(a) Every healthcare worker platform licensed pursuant to this chapter shall ensure that all healthcare workers utilizing the platform meet the following standards:

(1) Criminal background checks. Completion of a national fingerprint-based criminal background check, including disqualifying offenses, in accordance with § 23-106-10 of this chapter. A healthcare worker who books shifts through a healthcare worker platform shall be able to receive a background check in accordance with chapter 17.7.1 of title 23, and a healthcare worker platform shall be able to apply to the bureau of criminal identification of the department of attorney general for a national criminal records check as specified in chapter 17.7.1 of title 23, even if the healthcare worker platform is not the employer of the healthcare worker.

(2) Credential and competency verification.

(i) Every individual who provides healthcare services shall be required to hold an active registration of license in good standing issued by the department of health as required by chapter 17.9 of this title ("registration of nursing assistants") or by chapters 19.1 ("pharmacies"), 29 ("podiatrists"), 30 ("chiropractic physicians"), 31.1 ("dentists and dental hygienists"), 34 ("nurses"), 34.2 ("nurse anesthetists"), 35.1 ("optometrists"), 37 ("board of medical licensure and discipline"), 40 (physical therapists), 54 "(physician assistants"), 96 ("occupational therapy licensure compact") of title 5.

(iii) No certified nursing assistant shall be allowed to book a shift on a healthcare worker platform until the requisite training in subsection (a)(3)(ii) of this section has been certified as completed.

(3) Training and/or competency evaluation program for nursing assistants.

(i) An educational program for nursing assistants who book shifts through a healthcare worker platform shall be required, which the healthcare worker platform must certify has been completed for each nursing assistant who books shifts though the healthcare worker platform. The educational program shall include orientation and periodic programs at least quarterly for a minimum of three (3) hours for the continued improvement and development of skills of nursing assistants, including competency training and required training based on licensure.

(4) Health and vaccination standards. Compliance with all applicable department of health requirements for healthcare personnel, including immunizations, tuberculosis screening, and infection control standards.

(5) Insurance coverage. Maintenance of occupational accident insurance coverage or verification that healthcare workers are covered by worker’s compensation insurance applicable to any work performed during a shift the healthcare worker schedules through the platform and maintenance of general and professional liability insurance, in amounts determined by the department of business regulation in accordance with § 42-14.1-2.

(b) A healthcare worker platform shall be deemed the responsible entity for ensuring compliance with this section, regardless of any contractual or employment classification of the healthcare worker. 23-106-6. Requirements and prohibitions.

(a) A healthcare worker platform shall never require the payment of liquidated damages, employment fees, or other compensation by a healthcare worker or healthcare facility that posts shift on the healthcare worker platform if a healthcare facility that posts shifts on the healthcare worker platform hires a healthcare worker who books shifts through the healthcare worker platform as a permanent employee of a healthcare facility.

(b) A healthcare worker platform shall not actively recruit potential contractors from a healthcare facility to which it has an active contract.

(c) A healthcare worker platform shall maintain compliance with maximum allowable rates or markups established by the department of health at the rates indicated in § 23-17.7.1-10(b). 23-106-7. Inspections and investigations.

(a) The department of health shall make or cause to be made any inspections and investigations that it deems necessary, including service records. Those service records shall include, but are not limited to, the following:

(1) Records of required health examination which shall be kept confidential as well as all required medical records, including COVID-19 testing results and all required vaccinations required by the department of health; and

(2) Documents for each healthcare worker who books shifts on the healthcare worker platform, including documented evidence of credentials and other appropriate data, including, records of completion of required training and educational programs, medical records, and criminal background checks.

(b) Records of violations of public health code by all healthcare workers who book shifts on healthcare worker platforms shall be tracked and made a public record. A healthcare worker platform shall maintain records of violations of public health code when the violations occurred during the shifts booked by healthcare workers through the healthcare worker platform.

(c) The long-term care coordinating council (LTCC) shall develop standards for healthcare worker platforms and a ranking formula to track all healthcare worker platforms for public accountability. 23-106-8. Annual reporting requirements.

(a) Each healthcare worker platform shall submit an annual statistical report to the department of health including, but not limited to, the following:

(1) Mean, median, and average pay rates by the healthcare worker platform of healthcare workers, by profession, in the state;

(2) Number of healthcare workers who booked shifts through the healthcare worker platform in the state;

(3) Number of healthcare workers who have booked shifts through the healthcare worker platform in the state who have been deactivated;

(4) Number of healthcare workers who have booked shifts through the healthcare worker platform in the state reported to the office of the attorney general;

(5) Number of healthcare workers who have booked shifts through the healthcare worker platform in the state reported to the department of health for abuse, neglect, misappropriation, and job abandonment;

(6) The amounts charged to healthcare facilities for shifts worked by a healthcare worker in the state without facility identifying information; and

(7) Any other information that the department of health determines relevant to determine how much healthcare facilities who participate in Medicare and Medicaid are charged by healthcare worker platforms. 23-106-9. Anti-evasion. No healthcare worker platform shall structure its operations, contracts, or worker classifications for the purpose of avoiding the requirements of chapter 17.7.1 of title 23. 23-106-10. Criminal records review.

(a) Any healthcare worker seeking to register with a platform shall undergo a national criminal records check that shall include fingerprints submitted to the Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department of attorney general. The national criminal records check shall be initiated prior to accepting any shift.

(b) The director of the department of health may, by rule, identify those positions requiring national criminal records checks. The healthcare worker, through the platform, shall apply to the bureau of criminal identification of the department of attorney general for a national criminal records check. Upon the discovery of any disqualifying information as defined in § 23-17.7.1-20, and in accordance with the rule promulgated by the director of the department of health, the bureau of criminal identification of the department of attorney general will inform the applicant, in writing, of the nature of the disqualifying information; and, without disclosing the nature of the disqualifying information, will notify the platform, in writing, that disqualifying information has been discovered.

(c) A healthcare worker against whom disqualifying information under § 23-17.7.1-20(b) has been found may provide a copy of the national criminal records check to the platform who shall make a judgment regarding the registration of the healthcare worker with the platform.

(d) In those situations, in which no disqualifying information has been found, the bureau of criminal identification of department of attorney general shall inform the healthcare worker and the platform, in writing, of this fact.

(e) The platform shall maintain on file, subject to inspection by the department of health, evidence that national criminal records checks have been initiated on all healthcare workers seeking to register with the platform, and the results of those checks. Failure to maintain that evidence would be grounds to revoke the license of the platform.

(f) The healthcare worker or the platform shall be responsible for the cost of conducting the national criminal records check through the bureau of criminal identification of the department of attorney general. 23-106-11. Judicial review of license action. Any person who has exhausted all administrative remedies available to him or her within the department of health, and who is aggrieved by a final decision of the department of health, is entitled to judicial review in accordance with the provisions of §§ 42-35-15 and 42-35-16. 23-106-12. Power of enforcement. The director of the department of health shall have power to enforce the provisions of this chapter. 23-106-13. Severability. If any provision of this chapter or the application of any provision of this chapter to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provisions or application, and to this end the provisions of the chapter are declared to be severable.

SECTION 2. Section 23-17.7.1-13 of the General Laws in Chapter 23-17.7.1 entitled "Licensing of Nursing Service Agencies" is hereby amended to read as follows: 23-17.7.1-13. Agencies to which chapter inapplicable.

(a) The provisions of this chapter shall not be construed to apply to hospices, home nursing care providers and homecare providers licensed in accordance with chapter 17 of this title; however, the agencies shall be subject to the same training requirements for nursing assistants and the duties of the individuals shall be the same as those prescribed by regulations.

(b) Training Thru Placement, Inc., and the respite care services provided to the developmentally disabled by Training Thru Placement, Inc., shall be exempted from the provisions of this chapter.

(c) The provisions of this chapter shall not be construed to apply to healthcare worker platforms licensed in accordance with chapter 106 of this title; however, the platforms shall be subject to the same training requirements for nursing assistants and the duties of the individuals shall be the same as those prescribed by regulations.

SECTION 3. This act shall take effect upon passage.