Practice Tips

Healthcare organizations should implement processes to identify the avoidable risks inherent in the need to utilize temporary professional staff to provide patient care. Healthcare organizations reduce their exposure by addressing the following opportunities to manage risks.

Agency Selection

Identify agencies that can meet the organization's staffing needs and are competent to fulfill their ongoing responsibilities for the life of any service contract. Ensure agency eligibility by verifying that non-compete agreements with another contract service already in place do not exist. Verify that the agency is financially able to meet its staff payroll, per diems, and other related expenses. Require original certificates of insurance coverage and limits of liability naming the healthcare organization as an additional insured. At a minimum, professional liability and worker’s compensation coverage should be extended by the agency for the professional temporary staff member who will provide on-site services.

Contract Language

Ensure written expectations of the temporary staffing agency and the healthcare organization are outlined in a contract, signed and dated by both parties. Minimum elements should include confidentiality provisions/HIPPA language, mutual hold harmless/indemnification provisions, professional liability, and worker’s compensation insurance provisions, incident investigation provisions which involve the agency employee, and agency staff qualifications, licensure/certifications, expectations, and release provisions when the temporary agency staff member is unacceptable.

Agency Staff Member Eligibility

• Written authorization to review the agency staff member’s personnel file is provided.
• Review of the records available from the agency.
• Review of the personnel record of the agency staff member.
• Review of the states where the individual has worked.
• Review of the criminal background checks performed. Are they appropriate for the position to be filled?
• Results of any drug screens.
• Number of years of work experience.
• Written manager evaluations.
• License verification, including an investigation of any restrictions or additional licensing conditions.
• Health history/immunizations.
• Review the content of the agency’s training and education programs. A copy of a checklist is not sufficient. Examples:
  • Hazard Communications Program
  • Competency Based Skills/Tests

Agency Staff Management

A written orientation and supervision plan requiring intervals of documented performance and competence review should be in place for the agency staff’s assignment term. The agency staff should receive a general orientation to the facility and a specific orientation to the department and position. At the conclusion of the assignment, a written performance evaluation and exit interview should be completed for all agency staff. Verify during the exit interview that the agency staff member is not aware of any non-reported state or federal regulations violations, patient safety issues, corporate compliance issues, including HIPAA violations or unreported patient care incidents.