| Last Action | to Licensing, Occupations, & Administrative Regulations (S) |
|---|---|
| Title | AN ACT relating to the protection of adults and making an appropriation therefor. |
| Bill Documents |
Bill
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| Impact Statements |
Fiscal Note
Local Mandate |
| Bill Request Number | 160 |
| Sponsors | C. Rollins II, T. Riner, T. Burch |
| Summary of Original Version | 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. |
| Index Headings of Original Version |
Fiscal Note - Long-term-care facilities, background and registry checks for owners and employees Local Mandate - Long-term-care facilities, background and registry checks for owners and employees Disabilities and the Disabled - Long-term-care facilities, background and registry checks for owners and employees Health and Medical Services - Long-term-care facilities, background and registry checks for owners and employees Hospitals and Nursing Homes - Long-term-care facilities, background and registry checks for owners and employees Nurses - Long-term-care facilities, background and registry checks for owners and employees Physicians and Practitioners - Long-term-care facilities, background and registry checks for owners and employees Public Health - Long-term-care facilities, background and registry checks for owners and employees Aged Persons and Aging - Long-term-care facilities, background and registry checks for owners and employees Appropriations - Long-term-care facilities, background and registry checks for owners and employees |
| Proposed Amendments |
House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 House Floor Amendment 6 |
| Votes | Vote History |
| 12/14/12 |
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|---|---|
| 01/08/13 |
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| 02/06/13 |
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| 02/07/13 |
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| 02/08/13 |
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| 02/11/13 |
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| 02/12/13 |
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| 02/13/13 |
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| 02/15/13 |
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| 02/20/13 |
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| 02/21/13 |
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| 02/22/13 |
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| 02/26/13 |
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| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | J. Hoover |
| Summary | Retain original provisions and establish that all provisions of the Act will sunset on June 30, 2014. |
| Index Headings |
Fiscal Note - Long-term-care facilities, background and registry checks for owners and employees Local Mandate - Long-term-care facilities, background and registry checks for owners and employees Disabilities and the Disabled - Long-term-care facilities, background and registry checks for owners and employees Health and Medical Services - Long-term-care facilities, background and registry checks for owners and employees Hospitals and Nursing Homes - Long-term-care facilities, background and registry checks for owners and employees Nurses - Long-term-care facilities, background and registry checks for owners and employees Physicians and Practitioners - Long-term-care facilities, background and registry checks for owners and employees Public Health - Long-term-care facilities, background and registry checks for owners and employees Aged Persons and Aging - Long-term-care facilities, background and registry checks for owners and employees Appropriations - Long-term-care facilities, background and registry checks for owners and employees |
| Amendment | House Floor Amendment 2 |
|---|---|
| Sponsor | A. Wuchner |
| Summary | Retain original provisions except create a new noncodified section to charge long-term-care providers with the responsibility of ensuring the safety of residents in their care; define contracted entity and require the CHFS to share necessary information with a contracted entity performing state and federal background checks; allow for a contracted entity, as well as the CHFS, to be utilized to perform database criminal background searches of employees and prospective employees for long-term-care facilities and providers; require that these background checks include a search of the National Instant Criminal Background Check system; remove language creating a National and State Background Check Program; remove language requiring fingerprint checks; remove language creating a trust and agency fund and specifying its use. |
| Index Headings |
Fiscal Note - Long-term-care facilities, background and registry checks for owners and employees Local Mandate - Long-term-care facilities, background and registry checks for owners and employees Disabilities and the Disabled - Long-term-care facilities, background and registry checks for owners and employees Health and Medical Services - Long-term-care facilities, background and registry checks for owners and employees Hospitals and Nursing Homes - Long-term-care facilities, background and registry checks for owners and employees Nurses - Long-term-care facilities, background and registry checks for owners and employees Physicians and Practitioners - Long-term-care facilities, background and registry checks for owners and employees Public Health - Long-term-care facilities, background and registry checks for owners and employees Aged Persons and Aging - Long-term-care facilities, background and registry checks for owners and employees Appropriations - Long-term-care facilities, background and registry checks for owners and employees |
| Amendment | House Floor Amendment 3 |
|---|---|
| Sponsor | A. Wuchner |
| Summary | Make title amendment. |
| Index Headings |
Fiscal Note - Long-term-care facilities, background and registry checks for owners and employees Local Mandate - Long-term-care facilities, background and registry checks for owners and employees Disabilities and the Disabled - Long-term-care facilities, background and registry checks for owners and employees Health and Medical Services - Long-term-care facilities, background and registry checks for owners and employees Hospitals and Nursing Homes - Long-term-care facilities, background and registry checks for owners and employees Nurses - Long-term-care facilities, background and registry checks for owners and employees Physicians and Practitioners - Long-term-care facilities, background and registry checks for owners and employees Public Health - Long-term-care facilities, background and registry checks for owners and employees Aged Persons and Aging - Long-term-care facilities, background and registry checks for owners and employees Appropriations - Long-term-care facilities, background and registry checks for owners and employees |
| Amendment | House Floor Amendment 4 |
|---|---|
| Sponsor | A. Wuchner |
| Summary | Retain original provisions except create a new noncodified section to charge long-term-care providers with the responsibility of ensuring the safety of residents in their care; define contracted entity and require the CHFS to share necessary information with a contracted entity performing state and federal background checks; allow for a contracted entity, as well as the CHFS, to be utilized to perform database criminal background searches of employees and prospective employees for long-term-care facilities and providers; require that these background checks include a search of the National Instant Criminal Background Check system; remove language creating a National and State Background Check Program; remove language requiring fingerprint checks; remove language creating a trust and agency fund and specifying its use; remove language requiring registry checks. |
| Index Headings |
Fiscal Note - Long-term-care facilities, background and registry checks for owners and employees Local Mandate - Long-term-care facilities, background and registry checks for owners and employees Disabilities and the Disabled - Long-term-care facilities, background and registry checks for owners and employees Health and Medical Services - Long-term-care facilities, background and registry checks for owners and employees Hospitals and Nursing Homes - Long-term-care facilities, background and registry checks for owners and employees Nurses - Long-term-care facilities, background and registry checks for owners and employees Physicians and Practitioners - Long-term-care facilities, background and registry checks for owners and employees Public Health - Long-term-care facilities, background and registry checks for owners and employees Aged Persons and Aging - Long-term-care facilities, background and registry checks for owners and employees Appropriations - Long-term-care facilities, background and registry checks for owners and employees |
| Amendment | House Floor Amendment 5 |
|---|---|
| Sponsor | C. Rollins II |
| Summary | Retain original provisions, except delete parts of bill that establish a trust and agency fund and provide fees for that fund; create a provision that requires that mandatory criminal background checks and fingerprint checks for employees of long-term-care facilities or providers shall expire on June 30, 2014. |
| Index Headings |
Fiscal Note - Long-term-care facilities, background and registry checks for owners and employees Local Mandate - Long-term-care facilities, background and registry checks for owners and employees Disabilities and the Disabled - Long-term-care facilities, background and registry checks for owners and employees Health and Medical Services - Long-term-care facilities, background and registry checks for owners and employees Hospitals and Nursing Homes - Long-term-care facilities, background and registry checks for owners and employees Nurses - Long-term-care facilities, background and registry checks for owners and employees Physicians and Practitioners - Long-term-care facilities, background and registry checks for owners and employees Public Health - Long-term-care facilities, background and registry checks for owners and employees Aged Persons and Aging - Long-term-care facilities, background and registry checks for owners and employees Appropriations - Long-term-care facilities, background and registry checks for owners and employees |
| Amendment | House Floor Amendment 6 |
|---|---|
| Sponsor | C. Rollins II |
| Summary | Make title amendment. |
| Index Headings |
Fiscal Note - Long-term-care facilities, background and registry checks for owners and employees Local Mandate - Long-term-care facilities, background and registry checks for owners and employees Disabilities and the Disabled - Long-term-care facilities, background and registry checks for owners and employees Health and Medical Services - Long-term-care facilities, background and registry checks for owners and employees Hospitals and Nursing Homes - Long-term-care facilities, background and registry checks for owners and employees Nurses - Long-term-care facilities, background and registry checks for owners and employees Physicians and Practitioners - Long-term-care facilities, background and registry checks for owners and employees Public Health - Long-term-care facilities, background and registry checks for owners and employees Aged Persons and Aging - Long-term-care facilities, background and registry checks for owners and employees Appropriations - Long-term-care facilities, background and registry checks for owners and employees |
Last updated: 8/27/2019 7:53 PM (EDT)