Oklahoma Senate Bill SB668

Oklahoma 2026 Regular Session

• Introduced: 2/3/25
• Refer: 2/4/25

Caption

Health care; prohibiting health care staffing agency from charging certain excess fee; making agency liable for certain violation. Effective date.

Summary

SB 668 creates a new section of Oklahoma law regulating health care staffing agencies that place temporary nurses, nurse aides, and other direct care clinical staff in hospitals, nursing facilities, and specialized facilities. The bill applies when a staffing agency places a worker in a covered facility that employed that worker at any point during the prior two years. In that situation, the agency’s fee, when converted to an hourly wage, could not exceed 105% of the highest hourly wage the facility previously paid that worker. The bill also gives covered facilities a private right of action to sue staffing agencies for violations of the fee cap. To recover, the facility must first notify the agency of the alleged overcharge and provide detailed payroll records, and the agency must fail to promptly correct the problem. If a court finds a violation, it may award actual damages, punitive damages, court costs, reasonable attorney fees, injunctive relief, and other appropriate relief. The act would take effect November 1, 2025.

Impact

SB 668 would add a new staffing-agency pricing restriction to Title 63 of the Oklahoma Statutes, specifically creating Section 1-714.1. It would affect hospitals and nursing facilities by limiting the cost of bringing back former employees through temporary staffing agencies, and it would expose staffing agencies to civil liability if they charge above the statutory cap after notice and an opportunity to correct. The measure would also create a new enforcement mechanism through private lawsuits by covered facilities.

Sentiment

The available legislative record shows limited formal debate, with no committee transcript or recorded votes included. Based on the bill’s referral to Health and Human Services and its caption, the measure appears to be framed as a health care cost-control and workforce-stability proposal rather than a broad regulatory overhaul. The absence of recorded opposition or support in the provided materials makes the overall sentiment difficult to gauge, but the bill’s structure suggests an intent to protect facilities from high staffing fees.

Contention

The main point of contention is likely the fee cap itself, especially the rule tying agency charges to 105% of a worker’s prior hourly wage at the facility. Staffing agencies may view this as a restriction on pricing and a limit on market rates, while hospitals and nursing facilities may support it as a way to curb excessive temporary staffing costs and reduce incentives for agencies to profit from rehiring former employees. Another possible issue is the private right of action and the availability of punitive damages and attorney fees, which could increase litigation risk for agencies.