Bill Text: IA HSB147 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to background investigations of individuals employed through temporary staffing agencies with certain health care providers.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-02-28 - Committee report, recommending amendment and passage. H.J. 485. [HSB147 Detail]
Download: Iowa-2017-HSB147-Introduced.html
House
Study
Bill
147
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
FRY)
A
BILL
FOR
An
Act
relating
to
background
investigations
of
individuals
1
employed
through
temporary
staffing
agencies
with
certain
2
health
care
providers.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
135C.33,
Code
2017,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
5A.
a.
This
section
shall
also
apply
to
an
3
employee
of
a
temporary
staffing
agency
that
provides
staffing
4
for
a
facility,
service,
program,
or
other
provider
regulated
5
by
this
section
if
the
employee
provides
direct
services
to
6
consumers.
7
b.
In
substantial
conformance
with
the
provisions
of
this
8
section,
prior
to
the
employment
of
such
an
employee,
the
9
temporary
staffing
agency
shall
request
the
performance
of
the
10
criminal
and
child
and
dependent
adult
abuse
record
checks.
11
The
temporary
staffing
agency
shall
inform
the
prospective
12
employee
and
obtain
the
prospective
employee’s
signed
13
acknowledgment.
The
department
of
human
services
shall
perform
14
the
evaluation
of
any
criminal
record
or
founded
child
or
15
dependent
adult
abuse
record
and
shall
make
the
determination
16
of
whether
a
prospective
employee
of
a
temporary
staffing
17
agency
shall
not
be
employed
by
the
temporary
staffing
agency.
18
c.
If
a
person
employed
by
a
temporary
staffing
agency
that
19
is
subject
to
this
section
is
convicted
of
a
crime
or
has
a
20
record
of
founded
child
or
dependent
adult
abuse
entered
in
the
21
abuse
registry
after
the
person’s
employment
application
date,
22
the
person
shall
inform
the
temporary
staffing
agency
within
23
forty-eight
hours
and
the
temporary
staffing
agency
shall
24
inform
the
facility,
service,
program,
or
other
provider
within
25
two
hours.
26
d.
If
a
temporary
staffing
agency
fails
to
comply
with
the
27
requirements
of
this
section,
the
temporary
staffing
agency
28
shall
be
liable
to
the
facility,
service,
program,
or
other
29
provider
for
any
actual
damages,
including
civil
penalties,
and
30
reasonable
attorney
fees.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
This
bill
relates
to
background
investigations
of
employees
35
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of
temporary
staffing
agencies
contracted
with
a
health
care
1
facility,
assisted
living
program,
or
other
provider.
The
bill
2
adds
to
Code
section
135C.33,
relating
to
child
or
dependent
3
adult
abuse
information
and
criminal
record
checks
for
certain
4
employees.
The
bill
provides
that
such
a
temporary
staffing
5
agency
shall
conduct
criminal
and
child
and
dependent
adult
6
abuse
record
checks
on
prospective
employees.
The
department
7
of
human
services
shall
perform
an
evaluation
of
any
criminal
8
record
or
founded
child
or
dependent
adult
abuse
record
and
9
make
the
determination
of
whether
a
prospective
employee
of
10
a
temporary
staffing
agency
shall
not
be
employed.
The
bill
11
provides
that
if
a
person
employed
by
the
temporary
staffing
12
agency
is
convicted
of
a
crime
or
has
a
record
of
founded
13
child
or
dependent
adult
abuse
entered
in
the
abuse
registry
14
after
the
employment
application
date
the
person
shall
inform
15
the
temporary
staffing
agency
within
48
hours
and
in
turn
16
the
temporary
staffing
agency
shall
inform
the
health
care
17
facility,
assisted
living
program,
or
other
provider
the
person
18
is
contracted
to
work
for
within
two
hours
of
notification.
19
The
bill
provides
that
if
a
temporary
staffing
agency
does
20
not
comply
with
the
requirements,
the
temporary
staffing
agency
21
shall
be
liable
to
the
health
care
facility,
assisted
living
22
program,
or
other
provider
for
any
actual
damages,
including
23
civil
penalties,
and
reasonable
attorney
fees
that
result
from
24
a
failure
to
comply.
25
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