This bill amends the existing law regarding caregiver background checks by transferring the responsibility for overseeing these checks from the Department of Health to the Health Care Authority. It expands the list of disqualifying felony convictions for caregivers to include additional offenses such as sex trafficking, assault of a peace officer, identity theft, and cruelty to animals. The Health Care Authority is also granted the authority to establish rules for additional disqualifying convictions and to implement procedures for criminal history screenings.
Furthermore, the bill stipulates that no caregiver or hospital caregiver may be employed without first undergoing a nationwide criminal history screening. It ensures that the results of these screenings are kept confidential and outlines the process for administrative reconsideration for those who may have disqualifying convictions. The bill also includes provisions for maintaining a registry of disqualified applicants and protects care providers from civil liability for employment decisions made in good faith based on the screening results. All functions, records, and equipment related to caregiver criminal history records will be transferred to the Health Care Authority upon the bill's enactment.
Statutes affected: introduced version: 29-17-5