General Assembly: 77 (1997 Regular GA) - Chapter 42 - Health care facilities — records checks — home health services


Published: 1997-04-18

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CH.42 LAWS OF THE SEVENlY-SEVENTII G.A., 1997 SESSION

CHAPTER 42 HEALTH CARE FACIUTIES - RECORDS CHECKS - HOME HEALTH SERVICES

S.F.523

86

AN ACT relating to health care facilities by requiring employment checks of prospective health care facility employees.

Be It Enacted by the General Assembly of the State of Iowa: Section 1. Section 135C.33, Code 1997, is amended to read as follows: 135C.33 CHILD OR DEPENDENT ADULT ABUSE INFORMATION AND CRIMINAL

RECORDS - EVALUATIONS. 1. DB 9F afteF Beginning July 1, ~ 1997, witll FegaN t9 Bew applie&BtB #eF lieeBSaFe 9F

empleymeRt, if a peFS9B is heiBg e9BSideFed feF lieeBSU:Fe 1IBdet tIlis ehapteF, 9F feF empl9Y meRt iB7JeI'JiBg diFeet Fesp9Bsihility feF a FesideRt 9F with aeeess t9 a FesideBt ·...,heB tile FesiEleBt is M9Re, SF if tile peFS9B e9BSideFed feF lieeBSW'e 9F empIeyme&:t \Hldef' tIlis ehapteF · .... in Feside prior to employment of a person in a facility, the facility may: shall request that the department of hH:IBaB sePliees e9Bdtiet public safety perform criminal aBd ehild and dependent adult abuse record checks of the person in this state aBd iB 9tbeF states, 9B a FaBd9m hasis. In addition. the facility may request that the department of human services perform a child abuse record check in this state. Beginning July 1, -l994 1997, a facility shall inform all Be .. "! applieaBtB feF empl9ymeBt persons prior to employment 9f tile p9ssihility 9f regarding the performance of a Fee9Fd eheeli the records checks and shall obtain, from the applieaRt persons, a signed acknowledgment of the receipt of the information. Addition- ally, 9B 9F afteF July 1, 1994, a facility shall include the following inquiry in an application for employment: "Do you have a record of founded child or dependent adult abuse or have you ever been convicted of a crime, in this state or any other state?" If the person has been convicted of a crime under a law of any state or has a record of founded child or dependent adult abuse, the department of human services shall perform an evaluation to determine whether the crime or founded child or dependent adult abuse warrants prohibition of liee&- SUFe; employment, 9F FesideBee in the facility. The evaluation shall be performed in accor- dance with procedures adopted for this purpose by the department of human services.

2. If the department of liumaB sePliees public safety determines that a person has commit- ted a crime or has a record of founded emld 9F dependent adult abuse and is lieeBsed, to be employed hy in a facility licensed under this chapter, 9F Fesides iB a lieeBsed faeility, the department of public safety shall notify the licensee that an evaluation will be conducted Qy the department of human services to determine whether prohibition of the person's liee&- SUFe; employment, 9F Feside&ee is warranted. If a department of human services child abuse record check determines the person has a record of founded child abuse. the department shall inform the licensee that an evaluation will be conducted to determine whether prohi- bition of the person's employment is warranted.

3. In an evaluation, the department of human services shall consider the nature and seriousness of the crime or founded child or dependent adult abuse in relation to the position sought or held, the time elapsed since the commission of the crime or founded child or dependent adult abuse, the circumstances under which the crime or founded child or depen- dent adult abuse was committed, the degree of rehabilitation, the likelihood that the person will commit the crime or founded child or dependent adult abuse again, and the number of crimes or founded child or dependent adult abuses committed by the person involved. The department of human services has final authority in determining whether prohibition of the person's lieeBSaFe, employment, 9F FesideBee is warranted.

4. If the department of human services determines that the person has committed a crime or has a record of founded child or dependent adult abuse which warrants prohibition of lieeBSaFe, employment, 9F FesideBee, the person shall not be lieeBSed 1IBdeF this ehapteF aBd shaD B9t he employed hy in a facility 9F Feside iB a faeility licensed under this chapter.

87 LAWS OF THE SEVEN1Y-SEVENTH G.A., 1997 SESSION CH.43

Sec. 2. Section 235B.6, subsection 2, paragraph e, Code 1997, is amended by adding the following new subparagraph:

NEW SUBPARAGRAPH. (T) The department of public safety for purposes of performing records checks required under section 135C.33.

Sec. 3. HOME HEALTH SERVICES - REGUlATORY REQUIREMENTS. The depart- ments of public health and inspections and appeals shall review federal and state require- ments applicable to providers of homemaker, home-health aide, home-care aide, hospice, and other in-home services to persons with health problems. The review shall include but is not limited to current and proposed federal requirements for quality assurance, fiscal infor- mation concerning the source of regulatory funding, feasibility analysis of requiring crimi- nal and dependent adult abuse record checks of employees of the providers, feasibility analy- sis of implementing state regulation of the providers, and other information deemed appro- priate by the departments. The departments shall submit a report of findings and recom- mendations on or before December 15,1997.

Approved April 18, 1997

CHAPTER 43 EliGIBIUTY REQUIREMENTS FOR WORKERS' COMPENSATION

H.F.167

AN ACT relating to eligibility requirements for workers' compensation.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 85.1, subsection 1, Code 1997, is amended to read as follows: 1. Any employee engaged in any type of service in or about a private dwelling except that

after July 1, -1-9+4 1997, this chapter shall apply to such persons who earn twa lUlBEIFed one thousand five hundred dollars or more from such employer for whom employed at the time of the injury during the thirteea twelve consecutive weeks months prior to the injury, pro- vided said the employee is not a regular member of the household. For purposes of this subsection, "member of the household" is defined to be the spouse of the employer or rela- tives of either the employer or spouse residing on the premises of the employer.

Sec. 2. Section 85.1, subsection 2, Code 1997, is amended to read as follows: 2. Persons whose employment is purely casual and not for the purpose of the employer's

trade or business, except that after July 1, -1-9+4 1997, this chapter shall apply to such em- ployees who earn twa huadFed one thousand five hundred dollars or more from such em- ployer for whom employed at the time of the injury during the tlliA:eeR twelve consecutive weeks months prior to the injury.

Approved April 18, 1997