KY HB431 | 2015 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 6-0)
Status: Engrossed on February 27 2015 - 50% progression, died in committee
Action: 2015-03-02 - to Health & Welfare (S)
Pending: Senate Health and Welfare Committee
Text: Latest bill text (Draft #2) [MS Word]
Status: Engrossed on February 27 2015 - 50% progression, died in committee
Action: 2015-03-02 - to Health & Welfare (S)
Pending: Senate Health and Welfare Committee
Text: Latest bill text (Draft #2) [MS Word]
Summary
Amend and create various sections of KRS 216.785 to 216.793 to define terms; require the Cabinet for Health and Family Services (CHFS) to establish a National and State Background Check Program for prospective employees of long-term-care facilities and providers and representatives of the cabinet who perform inspections of long-term-care facilities or providers; require a registry check of the nurse aide abuse registry, caregiver misconduct registry, and any other registry identified in administrative regulations; permit queries of available information by certain licensing bodies; establish a fee to be charged for the background check, and state reasonable amounts to be charged by the cabinet and state or federal law enforcement agencies; require the cabinet to use grant moneys or other funding to cover long-term-care facilities or providers to the extent that funds are available; require the cabinet to promulgate administrative regulations relating to the program, including requirements to check registries and fees; require the CHFS to collaborate with the Justice and Public Safety Cabinet on continuous employment assessment following an initial background check; permit the Department of Kentucky State Police and the FBI to charge for the actual cost of processing criminal background checks and assessments; require the Kentucky State Police to promulgate administrative regulations relating to retaining of applicant fingerprints and to immediately inform the inspector general if an employee is arrested or convicted of a crime following his or her initial criminal background check; require applicants to submit to background and registry checks; prohibit long-term-care facilities or providers, or agencies within the cabinet responsible for conducting inspections, from employing individuals listed on the registry; permit a provisional period of employment; establish an informal review process; establish a formal review process; outline notification procedures for the cabinet and procedures to be followed by a long-term-care facility or provider if an employee has a disqualifying offense; establish independent review or appeal procedures; establish a fine for continuing to employ an individual with a disqualifying offense, direct the use of funds collected by fines; establish an independent review process to allow for rehabilitation of a disqualifying offense, with requirements to include a written explanation of each disqualifying offense and employment and character references; require a rehabilitation review committee to review evidence and mitigating circumstances and make a recommendation to the secretary; remove civil liability for actions taken in good faith by the cabinet, the Justice and Public Safety Cabinet, a long-term-care facility or provider, or an individual acting on behalf of any of these entities; establish the National and State Background Check Program fund and provide for its operation; require prospective providers to establish an individual provider's responsibilities and rights in this process; prohibit agencies providing services to senior citizens from employing an applicant with a disqualifying offense; require agencies to request a registry check; prohibit a long-term-care facility or provider from hiring an applicant if an individual has a disqualifying offense; require a long-term-care facility or provider to request a registry and background check for each applicant; require application forms for initial employment by a long-term-care facility or provider to have certain information and statements; regulate employment of individuals with certain offenses in family-care and personal care homes; establish a trust and agency fund to administer fees and fines collected through the program; amend KRS 216.533 to require long-term-care facilities operated by the Department for Behavioral Health, Developmental and Intellectual Disabilities to require applicants to submit to registry and background checks; prohibit individuals from being hired if they have a previous disqualifying offense; permit the hiring of pardoned individuals; amend KRS 216.712 to require personal services agencies to request registry checks and criminal background checks; provide for notice of fingerprint retention; prohibit an individual from owning or working for a personal services agency if he or she has a disqualifying offense; require the secretary to promulgate administrative regulations; establish procedures for background and registry checks; APPROPRIATION.
Title
AN ACT relating to the protection of adults and making an appropriation therefor.
Sponsors
| Rep. David Watkins [D] | Rep. Linda Belcher [D] | Rep. James Glenn [D] | Rep. Chris Harris [D] |
| Rep. Cluster Howard [D] | Rep. Dean Schamore [D] |
History
| Date | Chamber | Action |
|---|---|---|
| 2015-03-02 | Senate | to Health & Welfare (S) |
| 2015-02-27 | Senate | received in Senate |
| 2015-02-26 | House | 3rd reading, passed 93-0 with Committee Substitute |
| 2015-02-25 | House | 2nd reading |
| 2015-02-24 | House | taken from the Consent Orders of the Day, placed in the Regular Orders of the Day |
| 2015-02-24 | House | posted for passage in the Consent Orders of the Day for Thursday, February 26, 2015 |
| 2015-02-23 | House | reported favorably, 1st reading, to Consent Calendar with Committee Substitute |
| 2015-02-23 | House | posted in committee |
| 2015-02-23 | House | posting waived |
| 2015-02-12 | House | to Health & Welfare (H) |
| 2015-02-11 | House | introduced in House |
