Actions: HPREF [2] HHHC/HJC-HHHC
Scheduled: Not Scheduled
Summary: HB131 relates to public safety by shifting responsibility for overseeing caregiver background checks from the Department of Health to the Health Authority and adding to the list of disqualifying convictions for caregivers. Also, allowing the Health Care Authority to promulgate rules to establish additional disqualifying convictions for caregivers and transferring of functions, records and equipment.Legislation Overview:
Analysis: HB131 shifts the responsibility of the Department of Health to the Health Care Authority for background checks and adds a new listing of additional convictions that will result in disqualification for care givers for employment. The following felony additional convictions disqualify an applicant, caregiver or hospital caregiver from employment as a caregiver to include: battery on a household member, sex trafficking, assault of a peace officer, identity theft, or cruelty to animals. A new Section E is included in HB131 to read that the “Health Care Authority may promulgate rules to add additional types of convictions to the list of convictions that disqualify an applicant, caregiver or hospital caregiver from employment as a caregiver”. The ability of the Health Care Authority to promulgate additional types of convictions or other rules is now included in the requirements for notice to the submitting care provider, also notifying the applicant, caregiver or hospital caregiver, stating with specificity the convictions on which its decision is based and identifying the agency that provided the records, that a reconsideration may be requested of the Authority. Also, that the Health Care Authority may make such rules to the effect that the employment presents no risk of harm to a care recipient or that the conviction does not directly bear upon the applicant's, caregiver's or hospital caregiver's fitness for the employment.