04RS SB189


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SB 189 (BR 1796) - J. Denton

     AN ACT relating to long-term care facilities.
     Amend KRS 216.789 to provide that no long-term care facility shall employ a person in any position if that person has been convicted of any felony, rather than a felony involving theft, abuse, neglect, or exploitation; remove limitation that only a person in a position involving direct care must pass the criminal background check; provide that a person shall not be employed if the person has been convicted of a misdemeanor involving a sex crime, in addition to the other types of misdemeanors previously prohibited; and require that out-of-state criminal background information must be requested for a person who has lived or worked outside Kentucky within the 10 year period preceding the application for employment.


     SCS - Delete original provisions; create new section of KRS Chapter 216 to specify criminal record check and hiring requirements for persons with a criminal record for long-term care facilities owned, managed, or operated by the Department of Mental Health and Mental Retardation Services.

     SFA (1, J. Denton) - Make technical correction.

     HFA (1, K. Bratcher) - Retain original provisions; add a new section of KRS 205.510 to 205.645 to provide eligibility under the home and community-based waiver program for an individual who has a mental or physical condition that results in care needs that meet the nursing facility level of care criteria as established by the Cabinet for Health Services if the individual meets the conditions for nursing facility services as defined in U.S.C. sec. 1396r.

     HFA (2/Title, K. Bratcher) - Make title amendment.

     Feb 17-introduced in Senate
     Feb 20-to Judiciary (S)
     Mar 11-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
     Mar 12-2nd reading, to Rules
     Mar 15-posted for passage in the Regular Orders of the Day for Wednesday, March 17, 2004
     Mar 17-3rd reading, passed 37-0 with Committee Substitute, floor amendment (1)
     Mar 18-received in House
     Mar 19-to Health and Welfare (H)
     Mar 23-posted in committee; posting waived retroactively; reported favorably, 1st reading, to Calendar
     Mar 24-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Thursday, March 25, 2004
     Mar 26-floor amendments (1) and (2-title) filed
     Mar 29-3rd reading, passed 87-0; received in Senate; enrolled, signed by each presiding officer; delivered to Governor
     Apr 9-signed by Governor (Acts ch. 113)

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