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House Journal: Page 1544: Thursday, April 13, 1995

 5   "subparagraphs".
 6     2.  Page 1, by inserting after line 13 the
 7   following:
 8     "NEW SUBPARAGRAPH.  (12)  To an administrator of an
 9   agency certified by the department of human services
10   to provide services under a medical assistance home
11   and community-based services waiver, if the
12   information concerns a person employed by or being
13   considered by the agency for employment."
14     3.  Page 1, by inserting after line 23 the
15   following:
16     "Sec. ___.  Section 235B.6, subsection 2, paragraph
17   c, Code 1995, is amended by adding the following new
18   subparagraph:
19     NEW SUBPARAGRAPH.  (5)  To an administrator of an
20   agency certified by the department of human services
21   to provide services under a medical assistance home
22   and community-based services waiver, if the
23   information concerns a person employed by or being
24   considered by the agency for employment.
25     Sec. ___.  NEW SECTION.  249A.29  HOME AND
26   COMMUNITY-BASED SERVICES WAIVER PROVIDERS -- RECORDS
27   CHECKS.
28     1.  For purposes of this section unless the context
29   otherwise requires:
30     a.  "Consumer" means an individual approved by the
31   department to receive services under a waiver.
32     b.  "Provider" means an agency certified by the
33   department to provide services under a waiver.
34     c.  "Waiver" means a home and community-based
35   services waiver approved by the federal government and
36   implemented under the medical assistance program.
37     2.  If a person is being considered by a provider
38   for employment involving direct responsibility for a
39   consumer or with access to a consumer when the
40   consumer is alone, and if the person has been
41   convicted of a crime or has a record of founded child
42   or dependent adult abuse, the department shall perform
43   an evaluation to determine whether the crime or
44   founded abuse warrants prohibition of employment by
45   the provider.  The department shall conduct criminal
46   and child and dependent adult abuse record checks of
47   the person in this state and may conduct these checks
48   in other states.  The record checks and evaluations
49   required by this section shall be performed in
50   accordance with procedures adopted for this purpose by

Page 2  

 1   the department.
 2     3.  If the department determines that a person
 3   employed by a provider has committed a crime or has a
 4   record of founded abuse, the department shall perform
 5   an evaluation to determine whether prohibition of the

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/01500/01544.html
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