House File 294 - Introduced
HOUSE FILE
BY HEATON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to restrictions on employment of certain persons
2 under the Medicaid consumer choices option.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1463YH 82
5 pf/cf/24
PAG LIN
1 1 Section 1. Section 249A.29, Code 2007, is amended to read
1 2 as follows:
1 3 249A.29 HOME AND COMMUNITY=BASED SERVICES WAIVER PROVIDERS
1 4 AND CONSUMERS == RECORDS CHECKS.
1 5 1. For purposes of this section and section 249A.30 unless
1 6 the context otherwise requires:
1 7 a. "Consumer" means an individual approved by the
1 8 department to receive services under a waiver.
1 9 b. "Consumer choices option" means the self=direction
1 10 option under the waivers.
1 11 b. c. "Provider" means an agency certified by the
1 12 department to provide services under a waiver.
1 13 c. d. "Waiver" means a home and community=based services
1 14 waiver approved by the federal government and implemented
1 15 under the medical assistance program.
1 16 2. If a person is being considered by a provider or by a
1 17 consumer under the consumer choices option for employment
1 18 involving direct responsibility for a consumer or with access
1 19 to a consumer when the consumer is alone, and if the person
1 20 has been convicted of a crime or has a record of founded child
1 21 or dependent adult abuse, the department shall perform an
1 22 evaluation to determine whether the crime or founded abuse
1 23 warrants prohibition of employment by the provider or by the
1 24 consumer under the consumer choices option. The department
1 25 shall conduct criminal and child and dependent adult abuse
1 26 records checks of the person in this state and may conduct
1 27 these checks in other states. The records checks and
1 28 evaluations required by this section shall be performed in
1 29 accordance with procedures adopted for this purpose by the
1 30 department.
1 31 3. If the department determines that a person employed by
1 32 a provider or by a consumer under the consumer choices option
1 33 has committed a crime or has a record of founded abuse, the
1 34 department shall perform an evaluation to determine whether
1 35 prohibition of the person's employment is warranted.
2 1 4. In an evaluation, the department shall consider the
2 2 nature and seriousness of the crime or founded abuse in
2 3 relation to the position sought or held, the time elapsed
2 4 since the commission of the crime or founded abuse, the
2 5 circumstances under which the crime or founded abuse was
2 6 committed, the degree of rehabilitation, the likelihood that
2 7 the person will commit the crime or founded abuse again, and
2 8 the number of crimes or founded abuses committed by the person
2 9 involved. The department may permit a person who is evaluated
2 10 to be employed or to continue to be employed by the provider
2 11 or by the consumer under the consumer choices option if the
2 12 person complies with the department's conditions relating to
2 13 the employment, which may include completion of additional
2 14 training.
2 15 5. If the department determines that the person has
2 16 committed a crime or has a record of founded abuse which
2 17 warrants prohibition of employment, the person shall not be
2 18 employed by a provider or by a consumer. Notwithstanding any
2 19 other provision of this section, if the department determines
2 20 that the person has a record of founded dependent adult abuse,
2 21 the person shall not be employed by a consumer under the
2 22 consumer choices option.
2 23 EXPLANATION
2 24 This bill provides that if a person is being considered by
2 25 a consumer for employment under the consumer choices option of
2 26 a Medicaid home and community=based services waiver which
2 27 involves direct responsibility for the consumer or access to a
2 28 consumer when the consumer is alone, if the person has been
2 29 convicted of a crime or has a record of founded child or
2 30 dependent adult abuse, the department of human services is to
2 31 perform an evaluation to determine whether the crime or
2 32 founded abuse warrants prohibition of employment of the
2 33 person. The department is to conduct criminal and child and
2 34 dependent adult abuse records checks of the person in this
2 35 state and may conduct these checks in other states. If the
3 1 department determines that a person employed by a consumer
3 2 under the consumer choices option has committed a crime or has
3 3 a record of founded abuse, the department is to perform an
3 4 evaluation to determine whether prohibition of the person's
3 5 employment is warranted. Following the evaluation, the
3 6 department may permit the person who is evaluated to be
3 7 employed or to continue to be employed by the consumer under
3 8 the consumer choices option if the person complies with the
3 9 department's conditions relating to the employment, which may
3 10 include completion of additional training. However, if the
3 11 department determines that the person has committed a crime or
3 12 has a record of founded abuse which warrants prohibition of
3 13 employment, the person is prohibited from being employed by a
3 14 provider or a consumer under the consumer choices option.
3 15 Notwithstanding any other provision, the bill specifically
3 16 provides that if the department determines that the person has
3 17 a record of founded dependent adult abuse, the person is
3 18 prohibited from being employed by a consumer under the
3 19 consumer choices option.
3 20 LSB 1463YH 82
3 21 pf:nh/cf/24