This bill aims to amend the West Virginia Clearance for Access: Registry and Employment Screening Act ("WV Cares") by introducing a new section, 16B-15-10, which modifies the background check variance process. Key provisions include establishing portability requirements, ensuring that granted variances follow individuals rather than employers, and allowing licensed providers to rely on active variances in the registry. The bill also stipulates that variances will remain valid through the standard five-year recheck cycle, with new reviews required only under specific circumstances, such as new disqualifying events or material misrepresentations.

Additionally, the bill outlines a review timeline for variance submissions, requiring the Office of Inspector General to complete reviews within 30 days unless exceptional circumstances arise. It provides supervision relief for employees with pending variance renewals, refines the list of disqualifying offenses to focus on those directly related to abuse, violence, fraud, or safety-sensitive risks, and establishes a single fitness record viewable in the WV CARES registry. The bill ensures due process and confidentiality by maintaining appeal rights and limiting employer access to only determination statuses. Lastly, it mandates updates to rules and systems by relevant agencies within 180 days to reflect these changes.

Statutes affected:
Introduced Version: 16B-15-10