13RS HB73
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HB73

13RS

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HB 73/FN/LM (BR 160) - C. Rollins II, T. Riner, T. Burch

     AN ACT relating to the protection of adults and making an appropriation therefor.
     Amend and create various sections of KRS 216.785 to 216.793 to define terms; require the Cabinet for Health and Family Services (CHFS) to establish a National and State Background Check Program for prospective employees of long-term-care facilities and providers and representatives of the cabinet who perform inspections of long- term-care facilities or providers; require a registry check of the nurse aide abuse registry and any other registry identified in administrative regulations; permit queries of available information by certain licensing bodies; require the cabinet to implement the program in phases by provider category; require each nursing facility, nursing pool providing staff to a nursing facility, assisted-living community, long-term-care facility owned, managed, or operated by the CHFS, and personal services agency to continue to request conviction information; require the cabinet to use grant moneys or other funding to cover long-term-care facilities or providers to the extent that funds are available until at least May 19, 2014; require the cabinet to promulgate regulations relating to the program, including requirements to check registries, a schedule of dates for compliance, processing of registry and background checks, and fees; require the CHFS to collaborate with the Justice and Public Safety Cabinet on continuous employment assessment following an initial background check; permit the Department of Kentucky State Police and the FBI to charge for the actual cost of processing criminal background checks and assessments; require the Kentucky State Police to promulgate regulations relating to retaining of applicant fingerprints and to immediately inform the inspector general if an employee is arrested or convicted of a crime following his or her initial criminal background check; require applicants to submit to background and registry checks; prohibit long-term-care facilities or providers, or agencies within the cabinet responsible for conducting inspections, from employing individuals listed on the registry; permit a provisional period of employment; establish an informal review process; establish a formal review process; outline notification procedures for the cabinet and procedures to be followed by a long-term-care facility or provider if an employee has a disqualifying offense; establish independent review or appeal procedures; establish a fine for continuing to employ an individual with a disqualifying offense; establish an independent review process to allow for rehabilitation of a disqualifying offense, with requirements to include a written explanation of each disqualifying offense and employment and character references; require a rehabilitation review committee to review evidence and mitigating circumstances and make a recommendation to the secretary; remove civil liability for actions taken in good faith by the cabinet, the Justice and Public Safety Cabinet, a long-term-care facility or provider, or an individual acting on behalf of any of these entities; establish the National and State Background Check Program fund and provide for its operation; require prospective providers to establish an individual provider's responsibilities and rights in this process; prohibit agencies providing services to senior citizens from employing an applicant with a disqualifying offense; require agencies to request a registry check; prohibit a long-term-care facility or provider from hiring an applicant if an individual has a disqualifying offense; require a long-term-care facility or provider to request a registry and background check for each applicant; require application forms for initial employment by a long-term-care facility or provider to have certain information and statements; regulate employment of individuals with certain offenses in family-care and personal care homes; amend KRS 216.533 to require long-term-care facilities operated by the Department for Behavioral Health, Developmental and Intellectual Disabilities to require applicants to submit to registry and background checks; prohibit individuals from being hired if they have a previous disqualifying offense; permit the hiring of pardoned individuals; amend KRS 216.712 to require personal services agencies to request registry checks and criminal background checks; provide for notice of fingerprint retention; prohibit an individual from owning or working for a personal services agency if he or she has a disqualifying offense; require the secretary to promulgate administrative regulations; establish procedures for background and registry checks; APPROPRIATION.

HB 73 - AMENDMENTS


     HFA (1, J. Hoover) - Retain original provisions and establish that all provisions of the Act will sunset on June 30, 2014.
     HFA (2, A. Wuchner) - Retain original provisions except create a new noncodified section to charge long-term-care providers with the responsibility of ensuring the safety of residents in their care; define contracted entity and require the CHFS to share necessary information with a contracted entity performing state and federal background checks; allow for a contracted entity, as well as the CHFS, to be utilized to perform database criminal background searches of employees and prospective employees for long-term-care facilities and providers; require that these background checks include a search of the National Instant Criminal Background Check system; remove language creating a National and State Background Check Program; remove language requiring fingerprint checks; remove language creating a trust and agency fund and specifying its use.
     HFA (3/Title, A. Wuchner) - Make title amendment.
     HFA (4, A. Wuchner) - Retain original provisions except create a new noncodified section to charge long-term-care providers with the responsibility of ensuring the safety of residents in their care; define contracted entity and require the CHFS to share necessary information with a contracted entity performing state and federal background checks; allow for a contracted entity, as well as the CHFS, to be utilized to perform database criminal background searches of employees and prospective employees for long-term-care facilities and providers; require that these background checks include a search of the National Instant Criminal Background Check system; remove language creating a National and State Background Check Program; remove language requiring fingerprint checks; remove language creating a trust and agency fund and specifying its use; remove language requiring registry checks.
     HFA (5, C. Rollins II) - Retain original provisions, except delete parts of bill that establish a trust and agency fund and provide fees for that fund; create a provision that requires that mandatory criminal background checks and fingerprint checks for employees of long-term-care facilities or providers shall expire on June 30, 2014.
     HFA (6/Title, C. Rollins II) - Make title amendment.

     (Prefiled by the sponsor(s).)

     Jan 8-introduced in House; to Health & Welfare (H)
     Feb 6-posted in committee; posting waived
     Feb 7-reported favorably, 1st reading, to Calendar
     Feb 8-2nd reading, to Rules
     Feb 11-posted for passage in the Regular Orders of the Day for Tuesday, February 12, 2013; floor amendment (1) filed
     Feb 12-floor amendments (2) and (3-title) filed ; 3rd reading; floor amendment (1) defeated ; passed 56-40
     Feb 13-bill reconsidered (change PASSED status); returned to the Orders of the Day
     Feb 15-floor amendment (4) filed
     Feb 20-floor amendments (5) and (6-title) filed
     Feb 21-passed 85-14 with floor amendments (5) and (6-title)
     Feb 22-received in Senate
     Feb 26-to Licensing, Occupations, & Administrative Regulations (S)

Vote History
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