Text: H03813 Text: H03815 Text: H03800 - H03899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 436, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 1, line 8, by striking the word
1 4 "subparagraph" and inserting the following:
1 5 "subparagraphs".
1 6 #2. Page 1, by inserting after line 13 the
1 7 following:
1 8 "NEW SUBPARAGRAPH. (12) To an administrator of an
1 9 agency certified by the department of human services
1 10 to provide services under a medical assistance home
1 11 and community-based services waiver, if the
1 12 information concerns a person employed by or being
1 13 considered by the agency for employment."
1 14 #3. Page 1, by inserting after line 23 the
1 15 following:
1 16 "Sec. . Section 235B.6, subsection 2, paragraph
1 17 c, Code 1995, is amended by adding the following new
1 18 subparagraph:
1 19 NEW SUBPARAGRAPH. (5) To an administrator of an
1 20 agency certified by the department of human services
1 21 to provide services under a medical assistance home
1 22 and community-based services waiver, if the
1 23 information concerns a person employed by or being
1 24 considered by the agency for employment.
1 25 Sec. . NEW SECTION. 249A.29 HOME AND
1 26 COMMUNITY-BASED SERVICES WAIVER PROVIDERS &endash; RECORDS
1 27 CHECKS.
1 28 1. For purposes of this section unless the context
1 29 otherwise requires:
1 30 a. "Consumer" means an individual approved by the
1 31 department to receive services under a waiver.
1 32 b. "Provider" means an agency certified by the
1 33 department to provide services under a waiver.
1 34 c. "Waiver" means a home and community-based
1 35 services waiver approved by the federal government and
1 36 implemented under the medical assistance program.
1 37 2. If a person is being considered by a provider
1 38 for employment involving direct responsibility for a
1 39 consumer or with access to a consumer when the
1 40 consumer is alone, and if the person has been
1 41 convicted of a crime or has a record of founded child
1 42 or dependent adult abuse, the department shall perform
1 43 an evaluation to determine whether the crime or
1 44 founded abuse warrants prohibition of employment by
1 45 the provider. The department shall conduct criminal
1 46 and child and dependent adult abuse record checks of
1 47 the person in this state and may conduct these checks
1 48 in other states. The record checks and evaluations
1 49 required by this section shall be performed in
1 50 accordance with procedures adopted for this purpose by
2 1 the department.
2 2 3. If the department determines that a person
2 3 employed by a provider has committed a crime or has a
2 4 record of founded abuse, the department shall perform
2 5 an evaluation to determine whether prohibition of the
2 6 person's employment is warranted.
2 7 4. In an evaluation, the department shall consider
2 8 the nature and seriousness of the crime or founded
2 9 abuse in relation to the position sought or held, the
2 10 time elapsed since the commission of the crime or
2 11 founded abuse, the circumstances under which the crime
2 12 or founded abuse was committed, the degree of
2 13 rehabilitation, the likelihood that the person will
2 14 commit the crime or founded abuse again, and the
2 15 number of crimes or founded abuses committed by the
2 16 person involved. The department may permit a person
2 17 who is evaluated to be employed or to continue to be
2 18 employed by the provider if the person complies with
2 19 the department's conditions relating to the
2 20 employment, which may include completion of additional
2 21 training.
2 22 5. If the department determines that the person
2 23 has committed a crime or has a record of founded abuse
2 24 which warrants prohibition of employment, the person
2 25 shall not be employed by a provider."
2 26 #4. Title page, line 1, by striking the words "the
2 27 child abuse registry" and inserting the following:
2 28 "certification and employment provisions involving
2 29 state abuse registries".
2 30 #5. Title page, line 3, by striking the word
2 31 "and".
2 32 #6. Title page, line 4, by inserting after the
2 33 word "employers" the following: ", and requiring
2 34 records checks for purposes of employment by certain
2 35 medical assistance program service providers".
2 36
2 37
2 38
2 39 COMMITTEE ON HUMAN RESOURCES
2 40 DAGGETT of Union, Chairperson
2 41 SF 436.201 76
2 42 jp/jj
Text: H03813 Text: H03815 Text: H03800 - H03899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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