KY HB73 | 2013 | Regular Session
Status
Spectrum: Partisan Bill (Democrat 3-0)
Status: Engrossed on February 22 2013 - 50% progression, died in committee
Action: 2013-02-26 - to Licensing, Occupations, & Administrative Regulations (S)
Pending: Senate Licensing, Occupations & Administrative Regulations Committee
Text: Latest bill text (Draft #6) [MS Word]
Status: Engrossed on February 22 2013 - 50% progression, died in committee
Action: 2013-02-26 - to Licensing, Occupations, & Administrative Regulations (S)
Pending: Senate Licensing, Occupations & Administrative Regulations Committee
Text: Latest bill text (Draft #6) [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 and any other registry identified in administrative regulations; permit queries of available information by certain licensing bodies; require the cabinet to implement the program in phases by provider category; require each nursing facility, nursing pool providing staff to a nursing facility, assisted-living community, long-term-care facility owned, managed, or operated by the CHFS, and personal services agency to continue to request conviction information; 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 until at least May 19, 2014; require the cabinet to promulgate regulations relating to the program, including requirements to check registries, a schedule of dates for compliance, processing of registry and background checks, 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 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; 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; 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. Carl Rollins [D] | Rep. Tom Riner [D] | Rep. Thomas Burch [D] |
History
| Date | Chamber | Action |
|---|---|---|
| 2013-02-26 | Senate | to Licensing, Occupations, & Administrative Regulations (S) |
| 2013-02-22 | Senate | received in Senate |
| 2013-02-21 | House | passed 85-14 with floor amendments (5) and (6-title) |
| 2013-02-20 | House | floor amendments (5) and (6-title) filed |
| 2013-02-15 | House | floor amendment (4) filed |
| 2013-02-13 | House | returned to the Orders of the Day |
| 2013-02-13 | House | bill reconsidered (change PASSED status) |
| 2013-02-12 | House | passed 56-40 |
| 2013-02-12 | House | floor amendment (1) defeated |
| 2013-02-12 | House | 3rd reading |
| 2013-02-12 | House | floor amendments (2) and (3-title) filed |
| 2013-02-11 | House | floor amendment (1) filed |
| 2013-02-11 | House | posted for passage in the Regular Orders of the Day for Tuesday, February 12, 2013 |
| 2013-02-08 | House | 2nd reading, to Rules |
| 2013-02-07 | House | reported favorably, 1st reading, to Calendar |
| 2013-02-06 | House | posting waived |
| 2013-02-06 | House | posted in committee |
| 2013-01-08 | House | to Health & Welfare (H) |
| 2013-01-08 | House | introduced in House |
