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We support the for SB1458 to convene a workgroup to study the use of and the potential to regulate temporary staffing agencies. We support an amendment to SB1458 to include reviewing the impact of temporary staffing agencies on hospitals. We heard many nightmare stories about temporary staffing agencies taking advantage of assisted living facilities, nursing homes, hospitals, hospice providers, and other healthcare providers that provide significantly needed care and long-term care housing options. These providers operate 24/7 and did not have the ability to shut down for a couple of weeks at a time while COVID infection rates increased. Due to COVID restrictions and precautions, these providers had to increase their available workforce. Relying on temporary staffing agencies unfortunately results in higher costs to the provider. The resources spent on temporary agencies would be better used for permanent staffing and resident care services. The price increases have been disproportionate to the level of care provided. Some rates were increased more than 100% for temp staff from pre-COVID-19 rates, and some have reported rate increases of two to four times the normal rates. To meet the needs of the residents, providers were required to sign staffing agreements that inflated the cost of care in some cases and added unreasonable costs in contract clauses for mileage or potential COVID exposure that didn’t occur. Another concern impacting an employee’s freedom to work is the use by staffing agencies of non-compete clauses. These contracts prohibit the provider from hiring a contracted staff member for a specific period of time unless they buy-out their contract at an inflated rate. The provider does not choose which contracted staff member will arrive at the provider for each shift; therefore, they may receive a different staff member for each shift. The non-compete clause is enforced even if the staff member only works one shift at the provider. This could exclude dozens of contracted staff members as eligible employees. In addition to the anti-competitive nature of this practice, these policies go against the temporary staff member’s “right to work” to work for any employer of their choosing. Many states have taken actions to regulate this industry to reduce the extortion opportunities and to also have appropriate employer tax revenues processed for the contracted individuals that were incorrectly being treated as 1099 contractors. We have consulted with many stakeholders regarding the opportunity for review SB1458 will provide including government agencies, health care providers, and staffing agencies. All stakeholders we have spoken with including staffing agencies are supportive of the workgroup created by SB1458.

We support SB1508. After discussing licensure dilemmas with VDSS and other providers, we decided this bill request would be in the best interest of VDSS and those communities that are trying to improve operations that may just need a little more time. VDSS had shared with us examples of ALFs that just couldn’t finalize hiring an administrator or other needed staff in the 6 month timeframe, and that they (VDSS) wished they could have extended the provision. There are also examples of where supply chain issues and contractor delays have delayed repairs or renovations needed to become fully compliant through no fault of the provider. This does not require VDSS to issue the provisional for the full 12 months. This would allow VDSS to issue the original provisional license as needed and then to extend the issuance should the provider make significant efforts to become compliant but still experience potential setbacks such as staffing or contractual delays. VDSS would continue to oversee regulatory compliance of the facility during the licensure periods. If VDSS is not authorized to extend the provision, then they would possibly need to fully deny the license, and a full denial of license can be detrimental on residents, staff, as well as to the State in having to assist in relocation of residents. Therefore, SB1508 would be a better option by allowing VDSS to have additional discretion to extend the provisional license. SB1508 would create an equal provisional licensure period to the licensure period already established by DBHDS for providers of behavioral health and developmental services. {REFERENCE §37.2-415 DBHDS}