HB 250/LM (BR 1130) - C. Rollins II, L. Belcher, K. Flood, J. Jenkins, D. Keene, R. Palumbo, J. Wayne, S. Westrom
AN ACT relating to patient safety in long-term-care settings and making an appropriation therefor.
Create a new section of KRS Chapter 209 to define terms; require the Cabinet for Health and Family Services to begin to prepare to establish and implement a registry of each person against whom a charge of abuse, neglect, or exploitation of an adult has been substantiated; require the cabinet to promulgate regulations upon the implementation of the registry; prohibit adult institutional and community-based long-term-care service providers from employing a person whose name appears on the registry upon implementation of the registry; require the cabinet to implement a fingerprint-based background check program if federal funds become available for the National Background Check Program from the Centers for Medicare and Medicaid Services; clarify that all administrative procedures shall be in accord with KRS Chapter 13B; amend KRS 205.5606 to require that each person that provides services under that section shall not employ a person whose name appears on the registry upon implementation of the registry; amend KRS 210.795 to require that, upon implementation of the registry, a person on the registry is ineligible to be a provider under that statute and providers shall not employ a person whose name appears on the registry; amend KRS 209.140 to state that, upon implementation of a registry, the names of persons against whom charges of abuse, neglect, or exploitation have been substantiated shall be available to potential employers and the public.
HB 250 - AMENDMENTS
HCS/LM - Delete original provisions, amend KRS 216.785 to define terms; create new sections of KRS 216.785 to 216.793 to establish a National and State Background Check Program; require the Cabinet for Health and Family Services to implement the program in phases between October 1, 2012, to April 1, 2013, by administrative regulation; list entities required to request background checks; require the cabinet to establish a fee to be remitted to the agency performing the background checks; require the cabinet to use federal grant funds to cover cabinet costs associated with the Federal Bureau of Investigation's criminal background checks; require the cabinet and the Justice and Public Safety Cabinet to collaborate on the development and implementation of a mechanism for continuous employment assessment of criminal background checks; permit the Justice and Public Safety Cabinet and the Federal Bureau of Investigation to charge for the actual cost of background checks and continuous assessments; require the inspector general to be notified if an employee commits a crime after the initial background check; require applicants to consent to background checks; prohibit long-term-care facilities and providers from employing a person who has a disqualifying offense, is listed on a registry, or has had their professional license revoked or suspended; permit provisional employment with supervision of individuals undergoing background checks; permit an applicant or employee to challenge the accuracy of a disqualifying offense by written request; permit an applicant or employee to appeal the finding of a disqualifying offense; require state-owned facilities to take disciplinary or dismissal action after notification of an employee with a disqualifying offense; require facilities not state-owned to take action after notification of an employee with a disqualifying offense and continue employment during any appeal; establish a fine of $500 per day for a facility that is not a state-owned facility and continues to employ an individual with a disqualifying offense after an appeal does not clear the employee; establish a consideration of rehabilitation under an independent review process for a waiver of a disqualifying offense; prohibit employment until rehabilitation has been completed and approved by the cabinet; exempt the cabinet, entities that perform background checks, and employers from civil damages for actions taken in good faith related to a criminal background check; establish the National and State Background Check Program fund, into which fees and fines are allocated; retain moneys and interest in the fund; appropriate moneys in the fund for the use of the National and State Background Check Program; require background checks for home and community-based services providers; amend KRS 216. 533 to prohibit long-term-care facilities owned, managed, or operated by the cabinet from employing individuals with a disqualifying offense; amend KRS 216.712 to prohibit personal services agencies from employing individuals with a disqualifying offense; amend KRS 216.787 to prohibit agencies providing services to senior citizens funded by the cabinet from employing individuals with a disqualifying offense; amend KRS 216.789 to prohibit long-term-care facilities or providers from employing individuals with a disqualifying offense; amend KRS 216.793 to require applications for employment to clearly state that a criminal background check is required.
HCA (1/Title, T. Burch) - Make title amendment.
Jan 12-introduced in House
Jan 17-to Health & Welfare (H)
Feb 27-posted in committee
Mar 1-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Mar 2-2nd reading, to Rules
Mar 5-posted for passage in the Regular Orders of the Day for Tuesday, March 6, 2012
Mar 6-3rd reading, passed 62-36 with Committee Substitute, committee amendment (1-title)
Mar 7-received in Senate
Mar 13-to Judiciary (S)