SACRAMENTO — Dr. Markéta Houskova, executive director of the California chapter of the American Nurses Association, said the controversial legislation that classifies most workers as employees will have a negative impact on the state's nurse population.
"Not only during coronavirus but also under normal circumstances," Houskova said in an interview with the Southern California Record. "Especially, nurse midwives and nurse anesthetists, and some nurse practitioners."
Houskova said nurses that work at hospitals and clinics are mostly employees of those hospitals and clinics, however, providers like nurse midwives, nurse anesthetists and nurse practitioners, they’re able to bill separately for their services. Houskova said these types of providers could work at two or three different hospitals in rural areas because they are independent contractors.
Oftentimes, independent contractors, sometimes labeled gig economy workers, prefer the flexibility contract work provides.
Assembly Bill 5, which went into effect Jan. 1, forced employers to provide greater labor protections, such as minimum wage laws, sick leave, and unemployment and workers' compensation benefits - which do not apply to independent contractors.
"If they are unable to be contracted by the hospital as an independent provider, they then have to be an employee," Houskova said. "But then, could they have three employments full time? This is what we’ve been discussing."
Houskova said many questions have arisen, such as how would this work in practice and what this would do to those rural populations and their access to care.
"Nurse midwives and anesthetists always come to mind (in this situation)," Houskova said.
Houskova also said they have reached out to their partners, who are currently gathering stories from nurse midwives and anesthetists about how Assembly Bill 5 would affect them and their ability to provide care.
"That is something we’ve been concerned about ever since it’s been proposed," Houskova said.
Houskova also indicated her organization is working toward reforming the legislation.
"We’ve been communicating with elected officials and the governor," Houskova said. "Sadly, we’ve always been told that nurses weren’t going to be exempt but that medical doctors would be."
Houskova said there were currently more than 20 bills going through the California legislature regarding the consequences of Assembly Bill 5.
"I know some of our coalition partners are working hard to follow those bills," Houskova said.
Houskova said she was disheartened when she heard the governor recently speak about the bill.
"Just from watching press conferences, it wasn’t that long ago when journalists asked (Gov. Gavin Newsom) if AB5 was harming independent contractors and he said he doesn’t believe so," Houskova said. "That kind of prompted the stronger advocacy efforts."
Houskova said their partners have stories, data and evidence contrary to what the governor said.
Assembly Bill 5 grants exemptions to certain groups like physicians to work as independent contractors, but requires many gig workers, like freelance journalists, truckers, court reporters, and others to be classified as employees, Investor's Business Daily reported. It went into effect at the beginning of the year.