SB 405
Changes the requirements for background screenings of long-term care professionals
LR Number:
Last Action:
5/3/2011 - Hearing Conducted S Health, Mental Health, Seniors and Families Committee
Journal Page:
Calendar Position:
Effective Date:
September 30, 2012

Current Bill Summary

SB 405 - This act modifies, as of September 12, 2012, provisions relating to criminal background screenings for personal care attendants, long-term care providers, long-term care workers and provisions relating to the Family Care Safety Registry. New definitions for "long-term workers" and "long-term care providers" are included in the act to replace "elder care workers" and "elder-care providers".

As of September 30, 2012, the Family Care Safety Registry shall contain information on long-term care workers and all workers under the registry shall be checked through the National Sex Offender Public website. Also, after that date, the registry shall include a check of the certified nurse assistant registry, the nursing home administrator disciplinary action data, and the licensing data of medical and osteopathic physicians, physician's assistants and nurses. The registry shall also check the educator certification data maintained by the Department of Elementary and Secondary Education.

The Department of Health and Senior Services shall operate as the single state agency which shall coordinate the criminal background screening process and the employment eligibility determination process. Prior to the date of hire, the department shall make a determination of eligibility based on the results of the prospective employee's self-disclosure background information, completion of the Family Care Safety Registry background screening and submission of state and federal fingerprint-based criminal record check within 30 days of hire and prior to having direct access to patients or residents. The applicant shall not be eligible for employment if disqualifying findings are revealed under the criminal background screening process. The act prescribes the procedures for a provisional hiring process.

This act prohibits a personal care attendant with a disqualifying finding on a state or federal criminal background check from being reimbursed by the state for providing personal care assistant services. An applicant for a position with direct access to a patient, client, or consumer is required to disclose any findings that may appear on the registry. An applicant who fails to disclose any disqualifying finding shall be guilty of a class A misdemeanor.

Providers shall make an annual inquiry to the Family Care Safety Registry in order to maintain the employee's eligibility for employment.

Any provider required to deny employment to an applicant or to discharge a provisional employee as a result of information obtained from the screening process cannot be liable in any action brought by the applicant or provisional employee or charged for unemployment benefits in the case of the provisional employee.

The Department of Health and Senior Services is authorized to assess a fee to any provider to cover the cost of handling the criminal record review and to create an account for the deposit of the fees.

This act shall become effective on September 12, 2012.

This act is identical to HB 544 (2011).