HB 277/FN/LM (BR 1219) - Ji. Lee, R. Palumbo, T. Riner, S. Westrom
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; establish a fee to be charged for the background check, and state reasonable amounts to be charged by the cabinet and state or federal law enforcement agencies; 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 administrative 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 administrative 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, direct the use of funds collected by fines; 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; establish a trust and agency fund to administer fees and fines collected through the program; 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 277 - AMENDMENTS
HFA (1, R. Benvenuti III) - Retain original provisions of the bill; require that the fee for background checks shall not exceed the actual and direct cost to the cabinet.
HFA (2, A. Wuchner) - Retain original provisions except clarify that hospitals with long-term care beds are exempt from the background check requirements.
Jan 29-introduced in House
Jan 30-to Health & Welfare (H)
Feb 18-posted in committee
Feb 20-reported favorably, 1st reading, to Consent Calendar
Feb 21-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for Wednesday, February 26, 2014; floor amendments (1) and (2) filed
Feb 24-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day
Feb 25-3rd reading, passed 87-11 with floor amendments (1) and (2)
Feb 26-received in Senate
Feb 28-to Judiciary (S)
Mar 21-taken from Judiciary (S); 1st reading; returned to Judiciary (S)
Mar 24-taken from Judiciary (S); 2nd reading; returned to Judiciary (S)