Bill Text: IA HF576 | 2017-2018 | 87th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to background investigations of individuals employed through temporary staffing agencies with certain health care providers. (Formerly HSB 147.) Effective 7-1-17.

Spectrum: Committee Bill

Status: (Passed) 2017-04-12 - Signed by Governor. H.J. 1008. [HF576 Detail]

Download: Iowa-2017-HF576-Amended.html

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House File 576 - Reprinted




                                 HOUSE FILE       
                                 BY  COMMITTEE ON HUMAN
                                     RESOURCES

                                 (SUCCESSOR TO HSB 147)
       (As Amended and Passed by the House March 21, 2017)

                                      A BILL FOR

  1 An Act relating to background investigations of individuals
  2    employed through temporary staffing agencies with certain
  3    health care providers.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    HF 576 (3) 87
    hb/nh/md

PAG LIN



  1  1    Section 1.  Section 135C.33, Code 2017, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  5A.  a.  This section shall also apply to an
  1  4 employee of a temporary staffing agency that provides staffing
  1  5 for a facility, service, program, or other provider regulated
  1  6 by this section if the employee provides direct services to
  1  7 consumers.
  1  8    b.  In substantial conformance with the provisions of this
  1  9 section, prior to the employment of such an employee, the
  1 10 temporary staffing agency shall request the performance of the
  1 11 criminal and child and dependent adult abuse record checks.
  1 12 The temporary staffing agency shall inform the prospective
  1 13 employee and obtain the prospective employee's signed
  1 14 acknowledgment.  The department of human services shall perform
  1 15 the evaluation of any criminal record or founded child or
  1 16 dependent adult abuse record and shall make the determination
  1 17 of whether a prospective employee of a temporary staffing
  1 18 agency shall not be employed by the assisted living program as
  1 19 defined in section 231C.2, the Medicare certified home health
  1 20 agency, or the facility, service, program, or other provider
  1 21 regulated by this section.
  1 22    c.  If a person employed by a temporary staffing agency that
  1 23 is subject to this section is convicted of a crime or has a
  1 24 record of founded child or dependent adult abuse entered in the
  1 25 abuse registry after the person's employment application date,
  1 26 the person shall inform the temporary staffing agency within
  1 27 forty=eight hours and the temporary staffing agency shall
  1 28 inform the facility, service, program, or other provider within
  1 29 two hours.
  1 30    d.  If a temporary staffing agency fails to comply with the
  1 31 requirements of this section, the temporary staffing agency
  1 32 shall be liable to the facility, service, program, or other
  1 33 provider for any actual damages, including civil penalties, and
  1 34 reasonable attorney fees.
  1 35    e.  This section shall not apply to employees employed by a
  2  1 temporary staffing agency for a position that does not provide
  2  2 direct services to consumers.
       HF 576 (3) 87
       hb/nh/md