SB 175 (BR 1333) - T. Buford
AN ACT relating to patient safety in long-term-care settings and making an appropriation therefor.
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 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.
Feb 27-introduced in Senate
Feb 29-to Judiciary (S)