HF 576 (LSB 2621HV (2) 87)

HOUSE FILE 576

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO HSB 147)

A BILL FOR

An Act relating to background investigations of individuals employed through temporary staffing agencies with certain health care providers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 135C.33, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  5A.  a.  This section shall also apply to an employee of a temporary staffing agency that provides staffing for a facility, service, program, or other provider regulated by this section if the employee provides direct services to consumers.
   b.  In substantial conformance with the provisions of this section, prior to the employment of such an employee, the temporary staffing agency shall request the performance of the criminal and child and dependent adult abuse record checks. The temporary staffing agency shall inform the prospective employee and obtain the prospective employee’s signed acknowledgment. The department of human services shall perform the evaluation of any criminal record or founded child or dependent adult abuse record and shall make the determination of whether a prospective employee of a temporary staffing agency shall not be employed by the temporary staffing agency.
   c.  If a person employed by a temporary staffing agency that is subject to this section is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the person’s employment application date, the person shall inform the temporary staffing agency within forty-eight hours and the temporary staffing agency shall inform the facility, service, program, or other provider within two hours.
   d.  If a temporary staffing agency fails to comply with the requirements of this section, the temporary staffing agency shall be liable to the facility, service, program, or other provider for any actual damages, including civil penalties, and reasonable attorney fees.
   e.  This section shall not apply to employees employed by a temporary staffing agency for a position that does not provide direct services to consumers.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to background investigations of employees of temporary staffing agencies contracted with a health care facility, assisted living program, or other provider. The bill adds to Code section 135C.33, relating to child or dependent adult abuse information and criminal record checks for certain employees. The bill provides that such a temporary staffing agency shall conduct criminal and child and dependent adult abuse record checks on prospective employees if the employee provides direct services to consumers. The department of human services shall perform an evaluation of any criminal record or founded child or dependent adult abuse record and make the determination of whether a prospective employee of a temporary staffing agency shall not be employed. The bill provides that if a person employed by the temporary staffing agency is convicted of a crime or has a record of founded child or dependent adult abuse entered in the abuse registry after the employment application date the person shall inform the temporary staffing agency within 48 hours and in turn the temporary staffing agency shall inform the health care facility, assisted living program, or other provider the person is contracted to work for within two hours of notification. 
   The bill provides that if a temporary staffing agency does not comply with the requirements, the temporary staffing agency shall be liable to the health care facility, assisted living program, or other provider for any actual damages, including civil penalties, and reasonable attorney fees that result from a failure to comply.